Final Legislative Update 2009 – Special Session

July 2, 2009 | Category: General

This final legislative update summarizes portions of HEA 1001(ss), P.L.182 that was signed into law during the special session.

Criminal Law

July 2, 2009 | Category: Criminal

HEA 1001(ss) Section 493
Effective June 30, 2009
Establishes a seventeen member Criminal Code Evaluation Commission, which includes the Chief Justice or his designee, and two judges with criminal jurisdiction appointed by the Governor.  The Commission is staffed by the Indiana Criminal Justice Institute and Legislative Services Agency and must submit a final report before November 1, 2011.

Family & Juvenile Law

July 2, 2009 | Category: Family/Juvenile

HEA 1001(ss) Various sections
Effective July 1, 2009 unless otherwise indicated

  • DCS Ombudsman (Section 55)

Adds Indiana Code § 4-13-19 to create the DCS Ombudsman, appointed by the governor within the Indiana Department of Administration.  The Ombudsman’s office may receive, investigate, and attempt to resolve a complaint alleging that DCS failed to protect the physical or mental health of any child or failed to follow specific laws, rules, or written policies.  The office may (1) take action, including establishing a program of public education, to secure and ensure the legal rights of children, (2) review policies and procedures with a view toward the safety and welfare of children, (3) refer people to law enforcement, (4) recommend changes in the investigations of abuse and neglect and overseeing the welfare of children under the jurisdiction of a juvenile court, (5) make the public aware of the ombudsman, (6) examine policies and procedures and evaluate the effectiveness of the child protection system, including DCS, the court, medical community, service providers, GAL/CASA, and law enforcement, and (7) review and make recommendations about the investigative procedures and emergency responses in an annual report. 

A state or local government agency or entity that has records relevant to a complaint or investigation by the ombudsman shall provide access to those records.  Information disclosed to the ombudsman may not be disclosed to the complainant or others if such information is confidential pursuant to law, rule, or regulation.  A person who knowingly or intentionally interferes with the work of the ombudsman commits a Class A misdemeanor.  Expungement of records by DCS that occurs by statute, judicial order, administrative review, or in the normal course of business shall not be considered intentional interference with the work of the ombudsman for criminal law purposes. 

  • Juvenile Code (Sections 373, 383-8)

Adds Indiana Code § 31-33-26-5 and amends Indiana Code § 31-39-2-6, Indiana Code § 31-39-4-7, and Indiana Code § 31-39-9-1 to permit the DCS Ombudsman access to the records of DCS, juvenile court, law enforcement and others.

Amends Indiana Code § 31-40-1-2 to provide that DCS is not responsible for payment of any costs or expenses for housing or services for a child placed by a juvenile court out of state if the placement is not recommended or approved by the director of the department or the director’s designee.   

Amends Indiana Code § 31-40-1-3 to provide that any parental reimbursement under this section shall be paid directly to DCS, not the local court clerk, in all open CHINS and Delinquency cases.  Amends Indiana Code § 31-40-1-6 to provide DCS may contract with a private collection agency for the collection of parental reimbursements.

  • Transfer of excess Family and Children funds (Section 476)

Adds a noncode provision to permit a county to adopt a resolution permitting the transfer of money in the county’s levy excess fund from the County Family and Children’s Fund and the Children’s Psychiatric Residential Treatment Services Fund in 2008 to the county’s rainy day fund.  Legislative Services Agency estimates the surpluses in these funds from 86 counties totals $103.3 million.

Judicial Administration

July 2, 2009 | Category: Administration

HEA 1001(ss) Sections 395-6
Effective July 1, 2009
Provides that the automated record keeping fee collected on pre-trial diversions under IC 33-39-1-8 and deferrals under IC 34-28-5-1 is distributed to the state auditor for deposit in the homeowner protection unit account.

*Note: There are no changes in the amount of court costs or fees.

Traffic Law

July 2, 2009 | Category: Traffic

HEA 1001(ss) Sections 284-5, 289, & 291-3
Effective July 1, 2009
Provides that city and town ordinances authorizing the use of golf carts on highways within their jurisdiction may not conflict with driver’s licensing requirements in the Indiana Code and that certain equipment, title, and registration requirements do not apply to golf carts operated under such ordinances.