Introduced Version
HOUSE BILL No. 1307
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-9-2-9.9; IC 31-32-3; IC 34-30-2-133.8.
Synopsis: Preventative programs for at-risk children. Provides that a
juvenile court may create a preventative program for at-risk children
(program). Provides that a court may appoint a guardian ad litem
(GAL) or court appointed special advocate (CASA) for a child who is
participating in a program. Provides procedures for a GAL or CASA
participating in a program. Provides civil and criminal immunity to a
person who: (1) requests that a child participate in a program; or (2)
participates in a plan for a child in a program.
Effective: July 1, 2010.
Richardson
January 13, 2010, read first time and referred to Committee on Judiciary.
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. 1307
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 31-9-2-9.9; (10)IN1307.1.1. -->
SECTION 1. IC 31-9-2-9.9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 9.9. "At-risk child" and "at-risk children", for
purposes of IC 31-32-3, mean a child or children who are at risk:
(1) of becoming involved in a juvenile proceeding;
(2) of being suspended or expelled from school; or
(3) of dropping out of school.
SOURCE: IC 31-32-3-1; (10)IN1307.1.2. -->
SECTION 2. IC 31-32-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. The juvenile court
may appoint a guardian ad litem or a court appointed special advocate,
or both, for the child at any time, including for a child who is
participating in a preventative program for at-risk children that
has been implemented by the court under section 11 of this
chapter.
SOURCE: IC 31-32-3-8; (10)IN1307.1.3. -->
SECTION 3. IC 31-32-3-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. A guardian ad litem
or court appointed special advocate serves until:
(1) the juvenile court enters an order for discharge under
IC 31-34-21-11 or IC 31-37-20-8. IC 31-37-20-7; or
(2) the plan developed for an at-risk child under section 11 of
this chapter has been terminated.
SOURCE: IC 31-32-3-11; (10)IN1307.1.4. -->
SECTION 4. IC 31-32-3-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 11. (a) A juvenile court may create a preventative
program for at-risk children.
(b) A guardian ad litem or court appointed special advocate
shall receive information from the court regarding a child in a
program under this section, and then, with the consent of the
child's parent, guardian, or custodian, shall create and implement
a plan for the at-risk child and the child's family.
(c) All information described in subsection (b) received by a
guardian ad litem or court appointed special advocate is
confidential and may be used by:
(1) the guardian ad litem or court appointed special advocate
to create or implement a plan for the at-risk child and the
child's family;
(2) any person or entity who is involved with the plan
described in subsection (b); and
(3) the juvenile court.
(d) The privileged communication between:
(1) a husband and wife;
(2) a health care provider and the health care provider's
patient;
(3) a client and a:
(A) licensed social worker;
(B) licensed clinical social worker;
(C) licensed marriage and family therapist;
(D) licensed mental health counselor;
(E) licensed addiction counselor; or
(F) licensed clinical addiction counselor;
(4) a school counselor and a student; or
(5) a school psychologist and a student;
shall not prevent an individual described in this subsection from
reporting, requesting assistance, or cooperating with a guardian ad
litem or court appointed special advocate under this section.
(e) An individual may request, from a guardian ad litem or
court appointed special advocate, that a child receive assistance
under this section if the individual believes a child may be at risk.
(f) A person who:
(1) makes a good faith request under subsection (e); or
(2) in good faith participates in a plan under this section;
is immune from civil or criminal liability.
SOURCE: IC 34-30-2-133.8; (10)IN1307.1.5. -->
SECTION 5. IC 34-30-2-133.8 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]:
Sec. 133.8. IC 31-32-3-11 (Concerning
a person who makes a request for a child to participate in a
preventative program for at-risk children or a person who
participates in a plan for at-risk children).