SB 149-1_ Filed 01/28/2010, 12:06 ChairPerson
Adopted 1/28/2010

COMMITTEE REPORT

MADAM PRESIDENT:

    The Senate Committee on Judiciary, to which was referred Senate Bill No. 149, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 6, line 24; (10)CR014901.6. -->     Page 6, line 24, delete "If the incapacitated person is less than eighteen (18) years".
    Page 6, line 25, delete "of age, a" and insert " A".
    Page 6, line 26, after "regarding" insert " the minor for whom a guardianship is sought,".
    Page 6, line 27, delete "the incapacitated person,".
    Page 7, line 40, delete "If" and insert " Except as provided in IC 29-3-12, if".
    Page 8, line 4, delete "If" and insert " If:
        (1)
".
    Page 8, line 6, delete "proven," and insert " proven; and
        (2) the child:
            (A) was the subject of a petition alleging the child to be a child in need of services; or
            (B) is in a program of informal adjustment;
".
    Page 8, line 6, beginning with "the" begin a new line blocked left.
    Page 8, line 23, delete "any" and insert " a".
    Page 8, line 23, delete "section," and insert " section and if the child was the subject of a petition alleging the child to be a child in need of services or is in a program of informal adjustment,".
    Page 13, between lines 18 and 19, begin a new paragraph and insert:
    " (d) If no paternity action was pending when the juvenile court determined paternity, an appropriate court in that county shall accept the case and conduct additional proceedings if necessary.".
    Page 13, between lines 27 and 28, begin a new paragraph and insert:
SOURCE: IC 31-33-7-8; (10)CR014901.12. -->     "SECTION 12. IC 31-33-7-8, AS AMENDED BY P.L.131-2009, SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. (a) This section applies if the department receives a report of suspected child abuse or neglect from:
        (1) a hospital;
        (2) a community mental health center;
        (3) a managed care provider (as defined in IC 12-7-2-127(b));
        (4) a referring physician;
        (5) a dentist;
        (6) a licensed psychologist; or
        (7) a school;
        (8) a child caring institution licensed under IC 31-27;
        (9) a group home licensed under IC 31-27 or IC 12-28-4;
        (10) a private secure facility; or
        (11) a child placing agency.

    (b) Not later than thirty (30) days after the date the department receives a report of suspected child abuse or neglect from a person described in subsection (a), the department shall send a report to:
        (1) the administrator of the hospital;
        (2) the community mental health center;
        (3) the managed care provider;
        (4) the referring physician;
        (5) the dentist; or
        (6) the principal of the school;
        (7) the licensed psychologist;
        (8) the child caring institution;
        (9) the group home;
        (10) the private secure facility; or
        (11) the child placing agency.

The report must contain the items listed in subsection (e) that are known at the time the report is sent.
    (c) Not later than ninety (90) days after the date the department receives a report of suspected child abuse or neglect, the department

shall send a report that contains any additional items listed in subsection (e) that were not covered in the prior report if available.
    (d) The administrator, director, referring physician, dentist, licensed psychologist, or principal may appoint a designee to receive the report.
    (e) A report made by the department under this section must contain the following information:
        (1) The name of the alleged victim of child abuse or neglect.
        (2) The name of the alleged perpetrator and the alleged perpetrator's relationship to the alleged victim.
        (3) Whether the case is closed.
        (4) Whether information concerning the case has been expunged.
        (5) The name of any agency to which the alleged victim has been referred.
        (6) Whether the department has made an assessment of the case and has not taken any further action.
        (7) Whether a substantiated case of child abuse or neglect was informally adjusted.
        (8) Whether the alleged victim was referred to the juvenile court as a child in need of services.
        (9) Whether the alleged victim was returned to the victim's home.
        (10) Whether the alleged victim was placed in residential care outside the victim's home.
        (11) Whether a wardship was established for the alleged victim.
        (12) Whether criminal action is pending or has been brought against the alleged perpetrator.
        (13) A brief description of any casework plan that has been developed by the department.
        (14) The caseworker's name and telephone number.
        (15) The date the report is prepared.
        (16) Other information that the department may prescribe.
    (f) A report made under this section:
        (1) is confidential; and
        (2) may be made available only to:
            (A) the agencies named in this section; and
            (B) the persons and agencies listed in IC 31-33-18-2.".

SOURCE: Page 14, line 19; (10)CR014901.14. -->     Page 14, line 19, after "may" insert " , after giving notice to the parent, guardian, or custodian,".
    Page 14, line 21, delete "grants a motion under this subsection," and

insert " finds that the department has made reasonable efforts to obtain parental consent to interview the child,".
    Page 14, line 23, delete "consent." and insert " consent and shall grant the motion to interview the child, either with or without the parent, guardian, or custodian being present.".
    Page 14, line 26, delete "JULY 1, 2010]: and insert "UPON PASSAGE]:".
    Page 14, line 40, after "if" insert ":".
    Page 14, line 41, reset in roman "(1)".
    Page 15, line 1, delete "." and insert ";".
    Page 15, line 1, reset in roman "or".
    Page 15, reset in roman lines 2 through 14.
    Page 15, between lines 14 and 15, begin a new paragraph and insert:
    " (c) If the juvenile court finds that the conditions of subsection (b)(2)(B) are met, the court shall make written findings and provide a copy of the findings and the indictment, information, or complaint to the department.".
    Page 15, line 15, strike "(c)" and insert " (d)".
    Page 15, line 24, delete "agreement" and insert " agreement;".
    Page 15, line 24, beginning with "that" begin a new line double block indented.
    Page 15, line 25, after "law" insert " or".
    Page 15, line 30, delete "a child residing in a home is alleged to be a victim; and" and insert " the child who is the victim of a fatality or near fatality is alleged to be a victim; or".
    Page 15, line 31, delete "an adult residing in the home" and insert " the perpetrator of the fatality or near fatality".
    Page 16, line 10, strike "(d)" and insert " (e)".
    Page 16, line 16, strike "(e)" and insert " (f)".
    Page 16, line 22, strike "(f)" and insert " (g)".
    Page 16, line 28, strike "(g)" and insert " (h)".
    Page 16, line 29, strike "(f)" and insert " (g)".
    Page 16, line 34, strike "(h)" and insert " (i)".
    Page 16, line 42, strike "a member of".
    Page 17, line 1, strike "the child's family or household" and insert " the perpetrator".
    Page 17, line 5, strike "a member of the child's".
    Page 17, line 5, strike "household" and insert " the perpetrator".


    Page 17, line 16, strike "(i)" and insert " (j)".
    Page 17, line 16, strike "(f)" and insert " (g)".
    Page 17, after line 32, begin a new paragraph and insert:
SOURCE: IC 31-35-5-4; (10)CR014901.16. -->     "SECTION 16. IC 31-35-5-4, AS AMENDED BY P.L.145-2006, SECTION 334, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. The court may not make an order under section 2 or 3 of this chapter unless:
        (1) the testimony to be taken is the testimony of a child who at the time of the trial is:
            (A) less than fourteen (14) years of age; or
            (B) at least fourteen (14) years of age but less than eighteen (18) years of age and has a disability attributable to an impairment of general intellectual functioning or adaptive behavior that:
                (i) is likely to continue indefinitely;
                (ii) constitutes a substantial impairment of the child's ability to function normally in society; and
                (iii) reflects the child's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated; and
            (C) found by the court to be a child who should be permitted to testify outside the courtroom because:
                (i) a psychiatrist, physician, or psychologist has certified that the child's testifying in the courtroom creates a substantial likelihood of emotional or mental harm to the child;
                (ii) a physician has certified that the child cannot be present in the courtroom for medical reasons; or
                (iii) evidence has been introduced concerning the effect of the child's testifying in the courtroom and the court finds that it is more likely than not that the child's testifying in the courtroom creates a substantial likelihood of emotional or mental harm to the child;
        (2) the prosecuting attorney or the attorney for the department has informed the parties and their attorneys by written notice of the intention to have the child testify outside the courtroom; and
        (3) the prosecuting attorney or the attorney for the department informed the parties and their attorneys under subdivision (2) at

least twenty (20) seven (7) days before the proceedings to give the parties and their attorneys a fair opportunity to prepare a response before the proceedings to the motion of the prosecuting attorney or the motion of the attorney for the department to permit the child to testify outside the courtroom.

SOURCE: ; (10)CR014901.17. -->     SECTION 17. An emergency is declared for this act.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 149 as introduced.)

and when so amended that said bill do pass.

Committee Vote: Yeas 8, Nays 3.

____________________________________

    Bray
Chairperson


CR014901/DI 106    2010