End-Session Review

February 26, 2010 | Category: Administration, Civil, Criminal, Elections/Voting, Family/Juvenile, General, Miscellaneous, Probate, Salaries/Benefits, Traffic

We are nearing the end of this legislative session.  This installment of the legislative update is a series of topical charts detailing the status of bills of interest to the Judiciary that were heard on third reading in the second chamber.  If a bill was amended at any stage in the legislative process, it is designated with an “-A” at the relevant stage.  The next communication on this legislation session will be the Final Legislative Update summarizing bills that have been signed into law.

If you are interested in reading the text of any bill introduced this session, you can find bill information on Access Indiana at http://www.in.gov/apps/lsa/session/billwatch/billinfo.  If you are interested in the status of bills eligible for conference committee, you may find this information at http://www.in.gov/legislative/reports/2010/CNFGRIDH.PDF.

 

 View All Final Charts (PDF)

General Information

February 23, 2010 | Category: General

This is the eighth installment of the Legislative Update for the 2010 legislative session.  Below are the summary updates of the bills of interest to the judiciary heard during the committee meetings this week.

If you are interested in reading the text of any bill introduced this session, you may find the bill information on Access Indiana at: http://www.in.gov/apps/lsa/session/billwatch/billinfo.

Criminal Law

February 23, 2010 | Category: Criminal

The House Judiciary Committee continued discussion on SB 224, Sen. Merritt’s electronic dissemination of indecent material and sex offender registration bill.   A representative from the Office of the Attorney General summarized the fifth amendment that:  (1) requires the sentencing policy study committee to study and make recommendations regarding the sending of sexually suggestive or sexually explicit material over the Internet or by use of a cellular telephone or similar device; (2) authorizes a school corporation to offer classes or instruction regarding the risks and consequences of creating and sharing sexually suggestive or sexually explicit materials electronically; and (3) establishes the filing and notice requirements for a petition to remove a person’s designation as a sex offender or to require the person to register under less restrictive conditions in response to the Wallace v. State opinion.  The amended bill passed 10-0.

Family and Juvenile Law

February 23, 2010 | Category: Family/Juvenile

The House Judiciary Committee heard SB 149 on the Department of Child Services.  The bill (1) eliminates the fingerprinting fees when investigating placements for a child, (2) removes the requirement that the Clerk forward all adoption petitions to DCS, (3) requires an applicant for a foster home license to indicate if they have been charged with a felony or misdemeanor pertaining to the safety of children, (4) makes provisions when a court issues orders in a CHINS or delinquency case in the areas of custody, support or visitation and there is already a dissolution proceeding pending involving the child, (5) repeals language requiring the Child Protection Team to provide diagnostic and prognostic services, (6) adds language to permit DCS to petition a court to seek authority to interview a child without the parent, guardian or custodian, when refused the authority to do so by a parent, guardian, or custodian, (7) clarifies information and data which must be disclosed in a child fatality and near fatality case, and (8) adds authority for a juvenile or probate court to create a guardianship over a minor which allows the court to set the terms and conditions a parent must meet.

Five proposed amendments were discussed.  Rep. Moses offered an amendment to place HB 1167 in this bill, which concerns payment by DCS for placement of children outside Indiana.  It removes a provision that DCS is not responsible for the costs of an out-of-state juvenile placement in CHINS and delinquency cases unless recommended or approved by DCS.  In addition, it provides that DCS is not required to pay for the placement of delinquents outside Indiana if the placement is more expensive than similar services provided in Indiana.  The amendment was adopted 9-2.

The second proposed amendment requires a public rule-making process for the setting of rates for reimbursement of licensed child care institutions, group homes, foster homes and licensed placing agencies.  The Indiana Association of Residential Child Care Agencies explained there was no public process for setting the present rates and no appeal process to challenge any reduction in rates.  DCS testified in opposition to this amendment, arguing that rates should be set by agency policy and that the federal lawsuit addresses this topic.  DCS stated after questioning there was no “transparency” to the present rate setting process.  The amendment was adopted 7-5.

The third proposed amendment was adopted by consent to add “of child services” or “department of child services” in appropriate portions of the bill concerning child fatality reports.  The fourth proposed amendment, also adopted by consent, clarifies that when a juvenile court issues a custody, support or visitation order, the court having original jurisdiction, e.g. dissolution or paternity court, could consider whether the decision of the juvenile court on custody, support or visitation should be modified. 

The last proposed amendment was withdrawn by Rep. Avery.  The amendment would have permitted the courts discretion to grant a child interview after a hearing.  The present language in the bill requires the court to grant DCS permission to grant a child interview without parental permission, after receipt of information that the parent has been informed about a hearing on the request to interview and the DCS has made reasonable efforts to obtain consent from the parents for the interview.  As amended, the bill passed 12-0.

The House Family, Children and Human Affairs Committee heard SB 59 on grandparent and great-grandparent visitation authored by Sen. Steele.  Rep. Stillwell introduced the bill, noting it was not a “rights” bill but did permit a court to hear a case if the grandparent or great-grandparent had meaningful contact with the child.  There was lengthy testimony about the bill.  The Indianapolis Bar Association testified against the legislation.  The bill passed 8-3.

Judicial Administration

February 23, 2010 | Category: Administration

The House Judiciary Committee heard SB 36 on magistrates sponsored by Sen. Bray.  The bill permits magistrates to become certified as senior judges.  Mag. Craig Bobay, Allen Circuit Court and Magistrate Representative for the Indiana Judges Association testified in support of the bill.  The bill passed 12-0.

Probate Law

February 23, 2010 | Category: Probate

The House Judiciary Committee heard SB 65 on guardianships, estate administration, trust matters, and wills presented by Sen. Zakas.  An attorney representing the Probate Section of the Indiana State Bar Association testified in support of the bill.  The committee amended the bill to correct a federal tax issue impacting estates in 2010.  The amended bill passed 12-0.

Traffic Law

February 23, 2010 | Category: Traffic

The House Judiciary Committee heard SB 221 on conditions of hardship licenses presented by Sen. Wyss.  The bill requires that if a court recommends that a habitual traffic violator (HTV) be granted a restricted driving permit, the court shall require the person to submit to reasonable monitoring requirements.  The bill was amended to change the blood alcohol concentration level from one-hundredths (0.01) to two-hundredths (0.02) grams of alcohol.  As amended, the bill passed 12-0.