MHAI Priority Bills

The Digest and Last Action of MHAI priority bills as well as other bills MHAI is following are listed below:

HB1007 Drug testing of public assistance recipients. (McMilin, Head, Banks)

Requires the office of the secretary of family and social services to develop and establish a pilot program in three counties to test for the use of controlled substances under certain conditions by an individual who: (1) receives assistance under the Temporary Assistance for Needy Families program for the individual or on behalf of a child; and (2) is at least 18 years of age. Requires the office of the secretary of family and social services to notify the department of child services (department) if a child is ineligible for assistance as a result of an individual testing positive for the illegal use of a controlled substance. Requires the department, not later than nine months after the date the department receives the report, to conduct a home visit at the child's residence to determine whether to pursue the report as a report of suspected child abuse or neglect.

HB1049 Problem solving courts. (Koch)

Provides that the cap on the fees for program services provided to a person participating in a court established alcohol and drug services program does not apply to fees for education or treatment and rehabilitation services. Provides that a person may participate in a problem solving court program as a condition of an informal adjustment program in a child in need of services proceeding. Eliminates an individual's agreement to the conditions of participation in the program if the case for which the individual is referred to the problem solving court involves a nonsuspendible sentence as a precondition to the placement of the individual in a problem solving court program. Allows a problem solving court to collect program fees.

HB 1299 Alcoholic Beverage Matters (Davis, Alting)

Makes certain changes concerning the requirements for the alcohol and tobacco commission (commission) in maintaining the registry of all retailer's and dealer's permits. Removes and repeals certain provisions concerning residency requirements for alcoholic beverage retailer's and dealer's permits and liquor wholesaler's permits. Prohibits the commission from issuing any permit to foreign corporations, limited liability partnerships, or limited liability companies not qualified to do business in Indiana. (Current law prohibits the commission from issuing certain permits to foreign corporations, limited liability partnerships, or limited liability companies not qualified to do business in Indiana.) Allows the commission to issue an order directing a holder of an alcoholic beverage permit to cease and desist in: (1) the manufacturing, rectifying, distributing, transporting, or selling of; or (2) otherwise dealing in; an alcoholic beverage that the commission reasonably believes has a dangerously harmful effect on the health or well-being of individuals who consume the alcoholic beverage. Allows the permittee to: (1) request a hearing regarding the commission's determination that the alcoholic beverage is harmful; and (2) seek judicial review of the final action by the commission. Allows the commission to fine, suspend, or revoke the permit of a permittee who violates a cease and desist order issued under this provision. Makes conforming changes.

SB 12 Reestablishment of FSSA. (Miller)

Reestablishes the office of the secretary of family and social services and other divisions and offices within FSSA. (The introduced version of this bill was prepared by the health finance commission.)

SB0176 Immediate detention orders. (Bray, M. Young)

Permits a court to order an individual to be transported to an appropriate facility for a preliminary medical and psychological evaluation if the court has reasonable grounds to believe that the individual has a mental illness, is dangerous, and is in immediate need of hospitalization and treatment. Specifies that such an individual may not be transported to a state institution.

SB0274 Immunity for certain alcohol offenses. (Merritt, Simpson)

Prohibits a law enforcement officer from taking a person into custody for a crime of public intoxication or minor possession, consumption, or transportation of an alcoholic beverage if the officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that: (1) the officer has contact with the person because the person requested emergency medical assistance, or acted in concert with another person who requested emergency medical assistance, for an individual who reasonably appeared in need of medical assistance due to alcohol consumption; and (2) the person meets other requirements. Provides that a person meeting these conditions is immune from criminal prosecution for public intoxication or minor possession, consumption, or transportation of an alcoholic beverage. Requires a prosecuting attorney to withhold prosecution for public intoxication or minor possession, consumption, or transportation of an alcoholic beverage against a person who: (1) received medical assistance due to alcohol consumption in response to a request for medical assistance by another person; (2) agrees to a pretrial diversion program in which the person, not later than 90 days after the initial hearing, completes an alcohol education program and 20 hours of community service; and (3) has not had two prosecutions previously withheld under the pretrial diversion program. Establishes requirements concerning the pretrial diversion program.

SB0286 Department of child services. (Lawson)

Requires the department of child services (department) to conduct a criminal history check of certain individuals before reunification of a child with the child's parent, guardian, or custodian. Provides that an audio recording of a telephone call to the child abuse hotline is confidential and may be released only upon court order. Provides that an audio record of a report of child abuse or neglect that is the subject of a complaint made to a prosecuting attorney shall be released to the prosecuting attorney upon request of the prosecuting attorney. Allows the department to consider the results of a criminal history check in deciding if a child can be reunified with the child's parent, guardian, or custodian. Requires a court to order a guardian to provide financial assistance to support a minor or incapacitated person if the department is going to provide financial assistance to a guardian for the benefit of the minor or incapacitated person. Requires the department to establish a residential placement committee and a permanency roundtable to review certain placements of children. Requires a person filing a petition to terminate parental rights to request a hearing on the petition. Provides that if a hearing regarding a petition to terminate parental rights is not commenced or held within a certain time, the court shall dismiss the petition. Removes requirements that a county pays for certain child placements. Provides that a court may appoint a court appointed special advocate or guardian ad litem only if the person has training appropriate for that role. Changes the number of days for which the department may grant a waiver for the maximum stay for a child if the child caring institution or group home caring for the child is a licensed shelter care facility. Provides that operators of therapeutic foster homes are certified and not licensed. Provides that the department may make certain reports and material available to the state superintendent of public instruction. Provides that the results of an administrative hearing regarding an investigation into child abuse or neglect shall be forwarded to the department of education in certain circumstances. Modifies the definition of "child abuse or neglect", "victim of child abuse or neglect", "child", "related", and "foster family home". Provides that a person may operate a foster family home for a related person without a license. Provides for the creation of regional based fatality review teams. Changes the law regarding: (1) the disclosure of certain reports regarding the fatality or near fatality of a child; (2) the expungement of reports of child abuse and neglect; (3) when a child is a child in need of services (CHINS); and (4) requirements of a motion to dismiss a petition to terminate parental rights. Provides that certain administrative hearings may be stayed pending a decision to prosecute the case. Expands the applicability of a chapter concerning child videotape testimony in CHINS proceedings. Requires a court to hold an initial hearing regarding a child alleged to be a CHINS within 48 hours of the filing of the petition. Provides additional circumstances establishing prima facie evidence that there is a reasonable probability that: (1) the conditions that resulted in the removal of a child from a parent will not be remedied; or (2) the continuation of the parent-child relationship poses a threat to the well being of a child. Repeals older youth foster care and replaces it with a collaborative care program. Repeals a chapter requiring the department to make certain reports to the general assembly. Repeals a circumstance when a child is a CHINS.

SB0287 Department of child services. (Lawson)

Makes conforming changes to the interstate compact for the placement of children. Changes references of the "county office of family and children" to the correct agency. Adds Title IV-D of the Social Security Act to the list of programs to which an agency may disclose a Social Security number. Removes a requirement that a local child protection team shall assist the department of child services ombudsman with redacting or reviewing certain reports. Removes a duty of the division of family services to administer preservation services to high risk youth. Removes language regarding deposits by the family and social services administration (FSSA) into the child welfare services account. Removes language requiring the department of child services (department) to prepare information to the state board of accounts. Requires certain information to be included in a paternity affidavit. Removes language requiring the department to investigate and report to a court regarding the conditions of a minor and the fitness of a guardian if ordered by a court. Makes statutes consistent regarding the age of a child that a person may give up under the safe haven statute. Provides that the department has authority to redirect a payment to the appropriate government agency when there is an assignment under Title IV-A or IV-E. Removes the requirement that an obligee must disclose the person's Social Security number on certain child support related forms. Changes references to the Indiana support enforcement tracking system to include the successor statewide automated support enforcement system. Makes changes to background check statutes to be consistent with federal law. Requires the department to consult with the division of family resources regarding the adoption of rules concerning child caring institutions and group homes that are licensed for infants and toddlers. Modifies statutes concerning licensing procedures and criminal history checks that the department performs. Removes certain facilities that may be licensed as a secure private facility. Removes the requirement that the department must purchase one computer for every two case managers. Provides that certain Title IV-D fees may be set according to rules adopted by the department. Provides that a corrective action for emergency protection of children includes a hold on new placements. Requires the department to advise a parent who is voluntarily relinquishing their parental rights that the parent's consent may not be based upon a promise regarding the child's adoption or contact of any type with the child after the parent voluntarily relinquishes parental rights. Requires the department to require a consumer report on certain children in state foster care. Requires a court to enter findings of fact that support the entry of its conclusions granting a termination of parental rights. Repeals the county child advocacy fund. Repeals language requiring the department and probation department make progress reports on certain children. Repeals language regarding destitute children. Repeals the definition of "kinship caregiver". Adds cross references. Makes technical corrections.

SCR 7 Study on involuntary commitment/substance use disorders. (Simpson)

A CONCURRENT RESOLUTION urging the Commission on Mental Health and Addiction to examine the issue of involuntary commitment of persons with substance use disorders.