Bill Text: IN SB0202 | 2013 | Regular Session | Enrolled
Bill Title: Petitions to modify custody and visitation.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-13 - Public Law 239 [SB0202 Detail]
Download: Indiana-2013-SB0202-Enrolled.html
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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:
(1) is a party to the guardianship proceeding; and
(2) has knowledge that:
(A) a party to the guardianship proceeding has been determined to be a perpetrator of a substantiated report of child abuse or neglect;
(B) the child named in the petition has been the subject of a substantiated report of child abuse or neglect;
(C) the child named in the petition has been determined to be a child in need of services under IC 31-34; or
(D) the child named in the petition has been involved in an informal adjustment under IC 31-34-8;
shall submit to the court in writing under seal that a party to the guardianship proceeding is a person described in subdivision (2)(A) or the child named in the petition is a child described in subdivision (2)(B), (2)(C), or (2)(D).
(b) A court reviewing a petition to establish or modify a
guardianship may request information from the department of
child services regarding a petition or proceeding described in
subsection (a)(2). The department shall provide a response under
seal to the court's request for information not later than ten (10)
days after the department receives the court's request for the
information.
SECTION 2. IC 31-14-13-12 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 12. (a) If a person files a petition
to establish or modify custody of a child, any person who:
(1) is a party to the custody proceeding; and
(2) has knowledge that:
(A) a party to the custody proceeding has been determined
to be a perpetrator of a substantiated report of child abuse
or neglect;
(B) the child named in the petition has been the subject of
a substantiated report of child abuse or neglect;
(C) the child named in the petition has been determined to
be a child in need of services under IC 31-34; or
(D) the child named in the petition has been involved in an
informal adjustment under IC 31-34-8;
shall submit to the court in writing under seal that a party to the
custody proceeding is a person described in subdivision (2)(A) or
the child named in the petition is a child described in subdivision
(2)(B), (2)(C), or (2)(D).
(b) A court reviewing a petition to establish or modify the
custody of a child may request information from the department
of child services regarding a petition or proceeding described in
subsection (a)(2). The department shall provide a response under
seal to the court's request for information not later than ten (10)
days after the department receives the court's request for the
information.
SECTION 3. IC 31-14-14-6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 6. (a) If a person files a petition to establish or modify
parenting time with a child, any person who:
(1) is a party to the parenting time proceeding; and
(2) has knowledge that:
(A) a party to the parenting time proceeding has been
determined to be a perpetrator of a substantiated report of
child abuse or neglect;
(B) the child named in the petition has been the subject of
a substantiated report of child abuse or neglect;
(C) the child named in the petition has been determined to
be a child in need of services under IC 31-34; or
(D) the child named in the petition has been involved in an
informal adjustment under IC 31-34-8;
shall submit to the court in writing under seal that a party to the
parenting time proceeding is a person described in subdivision
(2)(A) or the child named in the petition is a child described in
subdivision (2)(B), (2)(C), or (2)(D).
(b) A court reviewing a petition to establish or modify parenting
time may request information from the department of child
services regarding a petition or proceeding described in subsection
(a)(2). The department shall provide a response under seal to the
court's request for information not later than ten (10) days after
the department receives the court's request for the information.
SECTION 4. IC 31-17-2-26 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 26. (a) If a person files a petition to establish or
modify custody of a child, any person who:
(1) is a party to the custody proceeding; and
(2) has knowledge that:
(A) a party to the custody proceeding has been determined
to be a perpetrator of a substantiated report of child abuse
or neglect;
(B) the child named in the petition has been the subject of
a substantiated report of child abuse or neglect;
(C) the child named in the petition has been determined to
be a child in need of services under IC 31-34; or
(D) the child named in the petition has been involved in an
informal adjustment under IC 31-34-8;
shall submit to the court in writing under seal that a party to the
custody proceeding is a person described in subdivision (2)(A) or
the child named in the petition is a child described in subdivision
(2)(B), (2)(C), or (2)(D).
(b) A court reviewing a petition to establish or modify custody
of a child may request information from the department of child
services regarding a petition or proceeding described in subsection
(a)(2). The department shall provide a response under seal to the
court's request for information not later than ten (10) days after
the department receives the court's request for the information.
SECTION 5. IC 31-17-4-11 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 11. (a) If a person files a petition to establish or modify parenting time with a child, any person who:
(1) is a party to the parenting time proceeding; and
(2) has knowledge that:
(A) a party to the parenting time proceeding has been determined to be a perpetrator of a substantiated report of child abuse or neglect;
(B) the child named in the petition has been the subject of a substantiated report of child abuse or neglect;
(C) the child named in the petition has been determined to be a child in need of services under IC 31-34; or
(D) the child named in the petition has been involved in an informal adjustment under IC 31-34-8;
shall submit to the court in writing under seal that a party to the parenting time proceeding is a person described in subdivision (2)(A) or the child named in the petition is a child described in subdivision (2)(B), (2)(C), or (2)(D).
(b) A court reviewing a petition to establish or modify parenting time of a child may request information from the department of child services regarding a petition or proceeding described in subsection (a)(2). The department shall provide a response under seal to the court's request for information not later than ten (10) days after the department receives the court's request for the information.
SEA 202
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