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
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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.