Indiana 2023 Regular Session

Indiana House Bill HB1188

Introduced
1/10/23  

Caption

Compliance with CHINS dispositional decrees.

Impact

The bill introduces new stipulations that affect how children in need of services are treated in terms of custody and parental rights. If a parent fails to make timely progress in rehabilitation programs mandated by a court, the bill enables the court to modify the permanency plan for the child away from reunification, potentially leading to adoption. Moreover, it empowers the court to require a parent to bear the costs of their participation in these rehabilitation programs, thus adding a layer of accountability for parents involved. Such measures are designed to prioritize the welfare of the child and reduce the likelihood of placed children returning to potentially harmful environments.

Summary

House Bill 1188 aims to amend the Indiana Code to strengthen the provisions related to children in need of services (CHINS) and the handling of dispositional decrees involving custody decisions. A significant focus of the bill is the protocols that the Department of Child Services must follow when taking custody of a child, especially in cases where there are substantiated allegations of abuse against the parent, guardian, or custodian. Under this bill, if a child expresses a desire not to be returned to that parent or guardian, the department must respect the child's wishes when making custody decisions. Additionally, parental contact is to be governed more strictly, allowing for interaction only under specific conditions deemed to be in the child's best interest.

Contention

Although the bill is intended to safeguard children, it does raise concerns among some advocacy groups about the implications for parental rights. Critics argue that by making it easier to terminate parental rights based on non-compliance with rehabilitation programs, the bill may inadvertently penalize parents who are already vulnerable or facing socioeconomic challenges. The tension between ensuring child safety and preserving family integrity remains a central point of contention as discussions around this bill continue. Proponents of the legislation maintain that these measures are necessary to provide children with stable and safe homes.

Companion Bills

No companion bills found.

Previously Filed As

IN HB1589

Durable legal custody; remove as dispositional alternative in neglect and abuse cases.

IN SB1295

Preliminary protective orders; dispositional hearings.

IN HB0576

Child Welfare Timeline Compliance Amendments

IN SB265

Abolishes the Department of Children and Family Services. (10/1/26) (OR DECREASE GF EX See Note)

IN SB0171

Family and children matters.

IN HB1605

Juvenile law matters.

IN SB0290

Sex with a minor.

IN HB1404

Parental support services.

IN HB1189

Special education compliance; revise provisions relating to school attendance, absenteeism and disciplinary issues.

IN HB1526

Children in need of services.

Similar Bills

NJ S2897

Allows parents or legal custodians separated from children because of immigration matters to appoint standby guardians.

NJ A1371

Allows parents or legal custodians separated from their children because of immigration matters to appoint standby guardians.

AZ HB2661

parents' rights; guardianship; notice; attestation

IA HF2127

A bill for an act relating to parent, legal guardian, and legal custodian attendance in court-ordered classes due to the actions of the parent's, legal guardian's, or legal custodian's child, and providing penalties.

WV HB2123

Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse

WV SB197

Relating to crime of sexual abuse by parent, guardian, custodian, or person in position of trust to child

WI AB1233

Notifying a child welfare agency and a parent, guardian, and legal custodian of the presence of a child in a runaway home.

IA HSB500

A bill for an act making children of child care workers eligible for the state child care assistance program.(See HF 2514.)