Bill Text: IN HB1110 | 2010 | Regular Session | Introduced


Bill Title: Early intervention services plans.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-05 - First reading: referred to Committee on Family, Children and Human Affairs [HB1110 Detail]

Download: Indiana-2010-HB1110-Introduced.html


Introduced Version






HOUSE BILL No. 1110

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 31-9-2; IC 31-26-6; IC 31-34-24.1; IC 31-37-24.1.

Synopsis: Early intervention services plans. Creates the community services plan for early intervention services for delinquent children and children in need of services. Repeals the chapter concerning regional service strategic plans.

Effective: July 1, 2010.





Summers




    January 5, 2010, read first time and referred to Committee on Family, Children and Human Affairs.







Introduced

Second Regular Session 116th General Assembly (2010)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1110



    A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 31-9-2-44.8; (10)IN1110.1.1. -->     SECTION 1. IC 31-9-2-44.8, AS AMENDED BY P.L.146-2008, SECTION 544, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 44.8. "Family preservation services", for purposes of IC 31-26-6, IC 31-34-24.1 and IC 31-37-24.1, means short term, highly intensive services designed to protect, treat, and support the following:
        (1) A family with a child at risk of placement by enabling the family to remain intact and care for the child at home.
        (2) A family that adopts or plans to adopt an abused or neglected child who is at risk of placement or adoption disruption by assisting the family to achieve or maintain a stable, successful adoption of the child.
SOURCE: IC 31-9-2-92.5; (10)IN1110.1.2. -->     SECTION 2. IC 31-9-2-92.5, AS AMENDED BY P.L.146-2008, SECTION 546, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 92.5. (a) "Plan", for purposes of IC 31-26-6, IC 31-34-24.1, has the meaning set forth in IC 31-26-6-1. IC 31-34-24.1-1.
    (b) "Plan", for purposes of IC 31-25-4, has the meaning set forth in IC 31-25-4-5.
     (c) "Plan", for purposes of IC 31-37-24.1, has the meaning set forth in IC 31-37-24.1-1.
SOURCE: IC 31-9-2-103.6; (10)IN1110.1.3. -->     SECTION 3. IC 31-9-2-103.6, AS ADDED BY P.L.146-2008, SECTION 549, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 103.6. "Region", for purposes of this title, refers to an area in Indiana designated as a region by the department. However, for purposes of
        (1) IC 31-25-2-20, the term refers to a region established under IC 31-25-2-20. and
        (2) IC 31-26-6, the term refers to a service region established under IC 31-26-6-3.
SOURCE: IC 31-9-2-129; (10)IN1110.1.4. -->     SECTION 4. IC 31-9-2-129, AS AMENDED BY P.L.146-2008, SECTION 553, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 129. (a) "Team", for purposes of IC 31-33-3, refers to a community child protection team appointed under IC 31-33-3.
    (b) "Team", for purposes of IC 31-34-24.1, has the meaning set forth in IC 31-34-24.1-2.
     (c) "Team", for purposes of IC 31-37-24.1, has the meaning set forth in IC 31-37-24.1-2.
SOURCE: IC 31-34-24.1; (10)IN1110.1.5. -->     SECTION 5. IC 31-34-24.1 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]:
     Chapter 24.1. Plan Coordination
    Sec. 1. As used in this chapter, "plan" means a community services plan for early intervention services to achieve the purposes described in section 3 of this chapter.
    Sec. 2. As used in this chapter, "team" means:
        (1) an early intervention plan team appointed as provided in section 4 of this chapter; or
        (2) an organization described in section 5 of this chapter.
    Sec. 3. Each county shall develop a community services plan for early intervention that is tailored to provide services targeted to the individual needs of children who:
        (1) have been either:
            (A) adjudicated as, or alleged in a proceeding initiated under this article to be, children in need of services; or
            (B) identified by the county office, based on information received from:
                (i) a school;
                (ii) a social service agency;
                (iii) a court;
                (iv) a probation department;
                (v) the children's parent or guardian; or
                (vi) an interested person in the community having knowledge of the children's environment and family circumstances;
            and, after an informal investigation, as substantially at risk of becoming children in need of services; and
        (2) have been referred to the county office by, or with the consent of, the children's parents, guardians, or custodians for services to be provided through the plan based on an individual case plan for the children.
    Sec. 4. (a) Each county shall establish a team to develop a plan as described in this chapter.
    (b) The team is composed of the following members, each of whom serves at the pleasure of the member's appointing authority:
        (1) Two (2) members appointed by the judge or judges of the juvenile court, one (1) of whom is a representative of the probation department.
        (2) Two (2) members appointed by the director of the county office as follows:
            (A) One (1) is a member of the staff of the department who provides child welfare services to the county office.
            (B) One (1) member is either:
                (i) an interested resident of the county; or
                (ii) a representative of a social service agency;
            who knows of child welfare needs and services available to residents of the county.
        (3) One (1) member appointed by the superintendent of the largest school corporation in the county.
        (4) If:
            (A) two (2) school corporations are located within the county, one (1) member appointed by the superintendent of the second largest school corporation in the county; or
            (B) more than two (2) school corporations are located within the county, one (1) member appointed by the county fiscal body as a representative of school corporations other than the largest school corporation in the county.
        (5) One (1) member appointed by the county fiscal body.
        (6) One (1) member representing the community mental health center (as defined in IC 12-7-2-38) serving the county,

appointed by the director of the community mental health center. However, if more than one (1) community mental health center serves the county, the member shall be appointed by the county fiscal body.
        (7) One (1) or more additional members appointed by the chairperson of the team, from among interested or knowledgeable residents of the community or representatives of agencies providing social services to or for children in the county.
    Sec. 5. If a county has in existence a committee, council, or other organized group that includes representatives of all of the appointing authorities described in section 4 of this chapter, the county director may elect to designate that organization as the county's team for purposes of this chapter.
    Sec. 6. (a) The county director shall convene an organizational meeting of the members of the team appointed under section 4 of this chapter.
    (b) The county director shall serve as the chairperson of the team. The team shall select one (1) of its members as vice chairperson.
    Sec. 7. Before January 1 of each year, the team shall prepare and submit to each judge having juvenile jurisdiction in the county the team's plan for review and comment. The judge shall submit any comments to the chairperson not more than fifteen (15) calendar days after receiving the plan. The team shall before January 25 of each year transmit a copy of the plan, including any comments from the judge, to:
        (1) the director; and
        (2) the state superintendent of public instruction.
    Sec. 8. In preparing the plan, the team shall review and consider existing publicly and privately funded programs that are available or that could be made available in the county to provide supportive services to or for the benefit of children described in section 3 of this chapter without removing the child from the family home, including programs funded through the following:
        (1) Title IV-B of the Social Security Act (42 U.S.C. 620 et seq.).
        (2) Title IV-E of the Social Security Act (42 U.S.C. 670 et seq.).
        (3) Title XX of the Social Security Act (42 U.S.C. 1397 et seq.).
        (4) The Child Abuse Prevention and Treatment Act (42 U.S.C. 5106 et seq.).


        (5) Community corrections programs under IC 11-12.
        (6) Special education programs under IC 20-35-6-2.
        (7) All programs designed to prevent child abuse, neglect, or delinquency, or to enhance child welfare and family preservation administered by, or through funding provided by, the department, county offices, prosecuting attorneys, or juvenile courts, including programs funded under IC 31-40.
        (8) Probation user's fees under IC 31-40-2-1.
        (9) The county child advocacy fund under IC 12-17-17.
    Sec. 9. The objectives of the plan include the following:
        (1) Promoting the welfare of children and self-sufficiency of families with children at risk of abuse or neglect, dependency, or delinquency, as described in this chapter.
        (2) Preventing or reducing the number of cases of child abuse, delinquency, or neglect that may require juvenile court intervention.
        (3) Coordinating available resources to promote efficiency and avoid duplication of programs and services.
        (4) Reducing or minimizing the cost of providing services to children and families with children who are or may become children in need of services.
        (5) Reducing or eliminating to the extent possible the need to remove children from their parents, guardians, or custodians for foster home care or institutional placement.
    Sec. 10. The team may adopt as its plan an existing plan for provision of family preservation services that:
        (1) is in effect in the county;
        (2) includes services for a child less than eighteen (18) years of age who reasonably may be expected to face out-of-home placement under IC 31-34 or IC 31-37 as a result of:
            (A) dependency, abuse, or neglect;
            (B) emotional disturbance; or
            (C) delinquency adjudication; and
        (3) addresses all of the objectives described in this section.
    Sec. 11. The director or the state superintendent of public instruction may, not later than thirty (30) days after receiving the plan, transmit to the team and the county fiscal body any comments, including recommendations for modification of the plan, that the director or the state superintendent of public instruction considers appropriate.
    Sec. 12. Not later than sixty (60) days after receiving the plan, the county fiscal body shall do one (1) of the following:
        (1) Approve the plan as submitted by the team.
        (2) Approve the plan with amendments, modifications, or revisions adopted by the county fiscal body.
        (3) Return the plan to the team with directions concerning:
            (A) subjects for further study and reconsideration; and
            (B) resubmission of a revised plan.
    Sec. 13. (a) The team shall meet at least one (1) time each year to do the following:
        (1) Develop, review, or revise a strategy that identifies:
            (A) the manner in which prevention and early intervention services will be provided or improved;
            (B) how local collaboration will improve children's services; and
            (C) how different funds can be used to serve children and families more effectively.
        (2) Reorganize as needed and select its vice chairperson for the ensuing year.
        (3) Review the implementation of the plan and prepare revisions, additions, or updates of the plan that the team considers necessary or appropriate to improve the quality and efficiency of early intervention child welfare services provided in accordance with the plan.
        (4) Prepare and submit to the county fiscal body a report on the operations of the plan during the preceding year and a revised and updated plan for the ensuing year.
    (b) The chairperson or vice chairperson of the team or the county fiscal body may convene any additional meetings of the team that are, in the chairperson's or vice chairperson's opinion, necessary or appropriate.
    Sec. 14. The team or the county fiscal body shall transmit copies of the plan, each annual report, and each revised plan to the following:
        (1) The director.
        (2) The state superintendent of public instruction.
        (3) The county office.
        (4) The juvenile court.
        (5) The superintendent of each public school corporation in the county.
        (6) The local step ahead council.
        (7) Any public or private agency that:
            (A) provides services to families and children in the county that requests information about the plan; or
            (B) the team has identified as a provider of services relevant to the plan.
    Sec. 15. The team or the county fiscal body shall publicize to residents of the county the existence and availability of the plan.
    Sec. 16. Two (2) or more contiguous counties may, by agreement of the counties' county directors, establish a joint team and adopt a single multicounty plan for the purposes described in this chapter.
    Sec. 17. The juvenile court, in implementing a program of informal adjustment for a child under IC 31-34-8, shall consider and use to the extent feasible any available services described in a plan approved under this chapter.

SOURCE: IC 31-37-24.1; (10)IN1110.1.6. -->     SECTION 6. IC 31-37-24.1 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]:
     Chapter 24.1. Plan Coordination
    Sec. 1. As used in this chapter, "plan" means a community services plan for early intervention services to achieve the purposes described in section 3 of this chapter.
    Sec. 2. As used in this chapter, "team" means:
        (1) an early intervention plan team appointed as provided in section 4 of this chapter; or
        (2) an existing organization described in section 5 of this chapter.
    Sec. 3. Each county shall develop a community services plan for early intervention that is tailored to provide services targeted to the individual needs of children who:
        (1) have been either:
            (A) adjudicated as, or alleged in a proceeding initiated under this article to be, children in need of services; or
            (B) identified by the county office, based on information received from:
                (i) a school;
                (ii) a social service agency;
                (iii) a court;
                (iv) a probation department;
                (v) the children's parents, guardians, or custodians; or
                (vi) an interested person in the community having knowledge of the children's environment and family circumstances;
            and, after an informal investigation, as substantially at risk of becoming children in need of services; and
        (2) have been referred to the county office by, or with the consent of, the children's parents, guardians, or custodians for services to be provided through the plan based on an individual case plan for the children.
    Sec. 4. (a) Each county shall establish a team to develop a plan as described in this chapter.
    (b) The team is composed of the following members, each of whom serves at the pleasure of the member's appointing authority:
        (1) Two (2) members appointed by the judge or judges of the juvenile court, one (1) of whom is a representative of the probation department.
        (2) Two (2) members appointed by the director of the county office as follows:
            (A) One (1) is a member of the staff of the department who provides child welfare services to the county office.
            (B) One (1) member is either:
                (i) an interested resident of the county; or
                (ii) a representative of a social service agency;
            who knows of child welfare needs and services available to residents of the county.
        (3) One (1) member appointed by the superintendent of the largest school corporation in the county.
        (4) If:
            (A) two (2) school corporations are located within the county, one (1) member appointed by the superintendent of the second largest school corporation in the county; or
            (B) more than two (2) school corporations are located within the county, one (1) member appointed by the county fiscal body as a representative of school corporations other than the largest school corporation in the county.
        (5) One (1) member appointed by the county fiscal body.
        (6) One (1) member representing the community mental health center (as defined in IC 12-7-2-38) serving the county, appointed by the director of the community mental health center. However, if more than one (1) community mental health center serves the county, the member shall be appointed by the county fiscal body.
        (7) One (1) or more additional members appointed by the chairperson of the team, from among interested or knowledgeable residents of the community or representatives of agencies providing social services to or for children in the county.
    Sec. 5. If a county has in existence a committee, council, or other organized group that includes representatives of all of the appointing authorities described in section 4 of this chapter, the county director may elect to designate that organization as the county's team for purposes of this chapter.
    Sec. 6. (a) The county director shall convene an organizational meeting of the members of the team appointed under section 4 of this chapter.
    (b) The county director shall serve as the chairperson of the team. The team shall select one (1) of its members as vice chairperson.
    Sec. 7. Before January 1 of each year, the team shall prepare and submit to each judge having juvenile jurisdiction in the county the team's plan for review and comment. The judge shall submit any comments to the chairperson not more than fifteen (15) calendar days after receiving the plan. The team shall before January 25 of each year transmit a copy of the plan, including any comments from the judge, to:
        (1) the director; and
        (2) the state superintendent of public instruction.
    Sec. 8. In preparing the plan, the team shall review and consider existing publicly and privately funded programs that are available or that could be made available in the county to provide supportive services to or for the benefit of children described in section 3 of this chapter without removing the children from the family home, including programs funded through the following:
        (1) Title IV-B of the Social Security Act (42 U.S.C. 620 et seq.).
        (2) Title IV-E of the Social Security Act (42 U.S.C. 670 et seq.).
        (3) Title XX of the Social Security Act (42 U.S.C. 1397 et seq.).
        (4) The Child Abuse Prevention and Treatment Act (42 U.S.C. 5106 et seq.).
        (5) Community corrections programs under IC 11-12.
        (6) Special education programs under IC 20-35-6-2.
        (7) All programs designed to prevent child abuse, neglect, or delinquency, or to enhance child welfare and family preservation administered by, or through funding provided by, the department, county offices, prosecuting attorneys, or juvenile courts, including programs funded under IC 31-40.
        (8) Probation user's fees under IC 31-40-2-1.
        (9) The county child advocacy fund under IC 12-17-17.
    Sec. 9. The objectives of the plan include the following:
        (1) Promoting the welfare of children and self-sufficiency of families with children at risk of abuse or neglect, dependency, or delinquency, as described in this chapter.
        (2) Preventing or reducing the number of cases of child abuse, delinquency, or neglect that may require juvenile court intervention.
        (3) Coordinating available resources to promote efficiency and avoid duplication of programs and services.
        (4) Reducing or minimizing the cost of providing services to children and families with children who are or may become children in need of services.
        (5) Reducing or eliminating to the extent possible the need to remove children from their parents, guardians, or custodians for foster home care or institutional placement.
    Sec. 10. The team may adopt as its plan an existing plan for provision of family preservation services that:
        (1) is in effect in the county;
        (2) includes services for a child less than eighteen (18) years of age who reasonably may be expected to face out-of-home placement under IC 31-34 or IC 31-37 as a result of:
            (A) dependency, abuse, or neglect;
            (B) emotional disturbance; or
            (C) delinquency adjudication; and
        (3) addresses all of the objectives described in this section.
    Sec. 11. The director or the state superintendent of public instruction may, not later than thirty (30) days after receiving the plan, transmit to the team and the county fiscal body any comments, including recommendations for modification of the plan, that the director or the state superintendent of public instruction considers appropriate.
    Sec. 12. Not later than sixty (60) days after receiving the plan, the county fiscal body shall do one (1) of the following:
        (1) Approve the plan as submitted by the team.
        (2) Approve the plan with amendments, modifications, or revisions adopted by the county fiscal body.
        (3) Return the plan to the team with directions concerning:
            (A) subjects for further study and reconsideration; and
            (B) resubmission of a revised plan.
    Sec. 13. (a) The team shall meet at least one (1) time each year to do the following:
        (1) Develop, review, or revise a strategy that identifies:
            (A) the manner in which prevention and early intervention services will be provided or improved;
            (B) how local collaboration will improve children's services; and
            (C) how different funds can be used to serve children and families more effectively.
        (2) Reorganize as needed and select its vice chairperson for the ensuing year.
        (3) Review the implementation of the plan and prepare revisions, additions, or updates of the plan that the team considers necessary or appropriate to improve the quality and efficiency of early intervention child welfare services provided in accordance with the plan.
        (4) Prepare and submit to the county fiscal body a report on the operations of the plan during the preceding year and a revised and updated plan for the ensuing year.
    (b) The chairperson or vice chairperson of the team or the county fiscal body may convene any additional meetings of the team that are, in the chairperson's or vice chairperson's opinion, necessary or appropriate.
    Sec. 14. The team or the county fiscal body shall transmit copies of the plan, each annual report, and each revised plan to the following:
        (1) The director.
        (2) The state superintendent of public instruction.
        (3) The county office.
        (4) The juvenile court.
        (5) The superintendent of each public school corporation in the county.
        (6) The local step ahead council.
        (7) Any public or private agency that:
            (A) provides services to families and children in the county that requests information about the plan; or
            (B) the team has identified as a provider of services relevant to the plan.
    Sec. 15. The team or the county fiscal body shall publicize to residents of the county the existence and availability of the plan.
    Sec. 16. Two (2) or more contiguous counties may, by agreement of the counties' county directors, establish a joint team and adopt a single multicounty plan for the purposes described in this chapter.
    Sec. 17. The juvenile court, in implementing a program of

informal adjustment for a child under IC 31-34-8, shall consider and use to the extent feasible any available services described in a plan approved under this chapter.

SOURCE: IC 31-26-6; (10)IN1110.1.7. -->     SECTION 7. IC 31-26-6 IS REPEALED [EFFECTIVE JULY 1, 2010].

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