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 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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.

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).