S.E.A. 305, P.L. 46
Effective: July 1, 2016
Adds a definition of foster care. Amends the deadline for the department of child services (department) to notify a school corporation that a child in foster care will attend a school to September 1. Adds: (1) human or sexual trafficking offenses; (2) sexual battery against a child; (3) vicarious sexual gratification offenses; (4) child solicitation; (5) patronizing a prostitute; and (6) promoting prostitution; to the list of offenses under which a child victim may be designated as a child in need of services. Expands the statutory definition of “human trafficking” and “sex trafficking” to include: (1) federal definitions of the offenses; and (2) definitions of the offenses from other jurisdictions. Adds a child in need of services designation for a child who: (1) lives in the same household as an adult who committed or is charged with human or sexual trafficking; and (2) needs care, treatment, or rehabilitation that the child is not receiving or is unlikely to be provided without intervention. Creates a rebuttable presumption that a child is a child in need of services if the state establishes that: (1) the child lives in the same household as an adult that has committed or been charged with certain offenses. Permits a finding by a juvenile court that reasonable efforts for reunification are not necessary if a child is a child in need of services: (1) as a result of being a victim of a human or sexual trafficking offense that was committed by a parent, guardian, or custodian and resulted in a conviction; or (2) as a result of the parent, guardian, or custodian being charged with a human or sexual trafficking offense. Removes the requirement that a delinquent child must be removed from the home in order to enter an informal adjustment. Allows any court with jurisdiction over a child in an adoption matter to approve excess payments for costs incurred by the birth mother. Repeals language regarding foster care review boards. Adds missing Interstate Compact on the Placement of Children language. Adds the National Center for Missing and Exploited Children to the entities with which the department may share assessment reports.
The full law is available at: http://iga.in.gov/legislative/2016/bills/senate/305