Indiana Custodial Rights Advocates

DIGEST OF INTRODUCED BILL

 Increases the penalties for domestic battery. Makes a technical correction.

DIGEST OF INTRODUCED BILL

 Repeals and relocates language concerning requests for information about pre-adoptive siblings. Allows requests for and requires, under certain circumstances, release of information concerning pre-adoptive siblings for any adoption. (Current law allows requests for and requires, under certain circumstances, release of information only for adoptions that are filed after December 31, 1993.)

DIGEST OF INTRODUCED BILL

 Allows great-grandparents to seek visitation rights with their great-grandchildren in certain circumstances. Allows a grandparent or great-grandparent to seek visitation if the grandparent or great-grandparent has had meaningful contact with the child but, as a result of an estrangement between the parent of the child and the grandparent or great-grandparent, the parent of the child terminated the child's visits with the grandparent or great-grandparent. Establishes factors for the court to consider in determining whether granting a grandparent or great-grandparent visitation rights is in the best interests of the child. Makes conforming changes.

DIGEST OF INTRODUCED BILL

DIGEST OF INTRODUCED BILL

 

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 cell phone or similar device. Requires school corporations to provide instruction or programs regarding domestic violence. Amends the definition of "bullying" to include communications transmitted from an electronic communications device or though a social networking web site. Requires a person convicted of domestic battery to complete a batterers' intervention program. Provides that a court may require a person convicted of domestic battery to have only supervised visitation with the person's child. Requires the department of child services (DCS) to facilitate the supervised visitation. Provides that a court may require a person charged with domestic violence to wear a GPS tracking device as a condition of bail. Requires DCS to administer and staff a parental assistance hotline. Increases the time a facility is required to have custody of a person arrested for domestic violence to 24 hours. Provides that any person at least 15 years of age may file for an order of protection. Requires each postsecondary educational institution to adopt policies regarding student notification of dangerous situations on and off campus. Requires the criminal justice institute to establish and administer a program to collect information regarding domestic violence that occurs in Indiana and to report it to the National Incident-Based Reporting System within the Federal Bureau of Investigation.

DIGEST OF INTRODUCED BILL

DIGEST OF INTRODUCED BILL

DIGEST OF INTRODUCED BILL

DIGEST OF INTRODUCED BILL

 

Grandparent and great-grandparent visitation. Allows great-grandparents to seek visitation rights with their

great-grandchildren in certain circumstances. Allows a grandparent or great-grandparent to seek visitation if the grandparent or great-grandparent has had meaningful contact with the child but, as a result of an estrangement between the parent of the child and the grandparent or great-grandparent, the parent of the child terminated the child's visits with the grandparent or great-grandparent. Establishes factors for the court to consider in determining whether granting a grandparent or great-grandparent visitation rights is in the best interests of the child. Makes conforming changes. (The introduced version of this bill was prepared by the child custody and support advisory committee.)

DIGEST OF INTRODUCED BILL

 Provides that evidence that a man is excluded as the biological father of a child based on a genetic test that indicates that the man is not the child's biological father constitutes a material mistake of fact that existed in the execution of the paternity affidavit. (The introduced version of this bill was prepared by the child custody and support advisory committee.)

DIGEST OF INTRODUCED BILL

 Requires a petition to establish the paternity of a child who is the subject of an adoption proceeding to be filed in the court having jurisdiction over the adoption proceeding. Provides that a person contesting an adoption must file either a motion to contest the adoption or a petition to establish paternity.

DIGEST OF INTRODUCED BILL

Provides that a man who is barred from establishing paternity under the adoption statutes is prohibited from establishing paternity by filing a paternity action as next friend of the child or requesting a prosecuting attorney to file a paternity action. Prohibits a person who has executed a written consent to the adoption of a child by a certain person from executing a second or subsequent written consent to the adoption of the child by another person, unless certain conditions apply. Removes provision that allows a father who receives a notice of adoption after the birth of the child to contest the adoption by filing a paternity action. Removes provision under which the consent of a putative father to the adoption of a child is irrevocably implied if the putative father, after receiving a notice of adoption after the birth of the child, fails to file a paternity action. Provides that the putative father registry provisions do not apply if, on or before the date the child's mother executes a consent to the child's adoption, the child's mother discloses the name and address of the putative father to the attorney or agency that is arranging the child's adoption. Provides that a putative father's motion to contest an adoption must be filed in the court in which the adoption is pending. Prohibits a court from granting an adoption if a petitioner for adoption has been convicted of an attempt to commit certain felonies. Authorizes a child placing agency and an attorney to advertise certain adoption information only if licensed under Indiana law. Provides that the crime of unauthorized adoption facilitation does not apply to child placing agencies licensed under Indiana law or attorneys licensed to practice law in Indiana. (Current law provides that the crime of unauthorized adoption facilitation does not apply to child placing agencies licensed under any state's law or attorneys licensed to practice law in any state.)

DIGEST OF INTRODUCED BILL

  Amends the factors that a court must consider in awarding joint legal custody after paternity has been established to include: (1) whether the child has had an opportunity to establish; (2) whether a parent wishes to establish; and (3) whether a parent has attempted to prevent the other parent from establishing; a close and beneficial relationship with the child.

DIGEST OF INTRODUCED BILL

DIGEST OF INTRODUCED BILL

Requires persons who own or operate a river boat licensed as a gambling operation or a horse racetrack licensed for gambling games to: (1) withhold cash winnings of obligors for amounts the obligors are delinquent in child support; and (2) deduct and retain an administrative fee in relation to withholding the obligor's delinquent child support. Requires the: (1) gaming commission to place on probationary status, suspend, and deny licenses for gambling games at horse racetracks; and (2) the alcohol and tobacco commission to place on probationary status, suspend, and deny employee's permits; of certain obligors who are delinquent in child support. Provides that a person whose driving license is suspended because of delinquent child support is not required to pay a reinstatement fee to have the person's driving license reinstated. 

Provides that the child support bureau (bureau) and certain contractors of the bureau have access to information in certain state systems and in certain records of state agencies and other entities. Requires a court to immediately withhold income under a child support order established in any proceeding. Provides that a recipient or applicant of the Temporary Assistance for Needy Families program who refuses to cooperate in: (1) a paternity action; or (2) the establishment or enforcement of a child support order; is subject to sanctions or revocation or suspension of assistance. Requires a guardian or custodian of a child to cooperate with the bureau and certain other agencies regarding certain paternity and child support matters.

Requires a custodial parent and noncustodial parent to provide certain information to the clerk of the court. Provides that a court may consider a child emancipated if the child is on active duty in the United States armed forces. (Current law provides that a court may consider a child emancipated if the child has joined the United States armed forces). Provides that the income withholding provisions apply to any proceeding in which child support is established. Requires an employer to transfer the National Medical Support Notice to the employer's health insurance plan within 20 days after the date of the National Medical Support Notice. Requires an income withholding order form to contain certain information. Provides that an income payor may not distribute income in a manner that would result in one of the current child support obligations not being honored. Provides that an income payor is not required to vary the income payor's normal pay and distribution cycles in order to comply with the income withholding provisions. Requires that a court or administrative agency deem due process met if certain requirements have been met. Provides that various persons are immune from civil and criminal liability for certain acts or for failures to act.

DIGEST OF INTRODUCED BILL

DIGEST OF INTRODUCED BILL

 

DIGEST OF INTRODUCED BILL

 

Changes the definition of "delinquent" to mean at least: (1) $1,000; or (2) three months; past due on payment of court ordered child support. (Under current law, "delinquent" means at least $2,000 or three months past due on payment of court ordered child support.) (This definition relates to the following: (1) The suspension or denial of driving privileges. (2) The suspension or denial of a professional or occupational license or placing an obligor on probationary status regarding the license, including licenses for racetrack personnel and racing participants. (3) The suspension or denial of a license involving riverboat gambling or placing an obligor on probationary status regarding the license. (4) The suspension or revocation of certain licenses issued by the department of natural resources or placing an obligor on probationary status regarding the license. (5) The data match system operated with financial institutions.

DIGEST OF INTRODUCED BILL

 

Repeals, effective July 1, 2011, provisions applicable to adoptions finalized before January 1, 1994, that prohibit the release of identifying adoption information unless a consent to release the information is on file. Provides that, beginning July 1, 2011, identifying adoption information may be released unless a nonrelease is on file, regardless of when the adoption was filed. (Under current law, this provision applies only to adoptions filed after December 31, 1993.)

DIGEST OF INTRODUCED BILL

DIGEST OF INTRODUCED BILL

Joint legal custody. Establishes a rebuttable presumption that an award of joint legal custody is in the best interest of a child. Requires a court, if a party seeks to rebut the presumption, to consider: (1) the fitness and suitability of each of the persons awarded joint legal custody; (2) the ability of the parents to communicate and advance the child's welfare; and (3) whether the child has established a close and beneficial relationship with both of the persons awarded joint legal custody. Repeals a provision containing language that is relocated within the Indiana Code. Repeals provisions providing that: (1) the mother of a child born out of wedlock has sole legal custody of the child; and (2) a custodial parent may determine the child's upbringing.

DIGEST OF INTRODUCED BILL

Child support payments. Provides that a court may permit child support payments to be made directly to the person entitled to receive payments if the court finds that the person entitled to receive payments and the payor agree that support payments should be made directly to the person entitled to receive payments. Prohibits the clerk of the circuit court or the state central collection unit from charging any fees for any services concerning child support. Makes a technical correction.

DIGEST OF INTRODUCED BILL

Joint legal custody. Establishes a rebuttable presumption that an award of joint legal custody is in the best interest of a child. Provides exceptions for the rebuttable presumption. Requires a court, if a party seeks to rebut the presumption, to consider: (1) the fitness and suitability of each of the persons awarded joint legal custody; (2) the ability of the parents to communicate and advance the child's welfare; and (3) whether the child has established a close and beneficial relationship with both of the persons awarded joint legal custody. Repeals provision that states that joint legal custody does not require an equal division of physical custody of the child. (The introduced version of this bill was prepared by the child custody and support advisory committee.)

DIGEST OF INTRODUCED BILL

Electronic communication time. Provides that a court: (1) may grant a custodial parent, a noncustodial parent, or a grandparent electronic communication time with a child if electronic equipment is reasonably available; and (2) may not use the availability of electronic communication time as a factor to justify or support relocation of a child. Provides that electronic communication time: (1) must supplement and not be a replacement or substitute for a custodial parent's custody or a noncustodial parent's parenting time with the child; and (2) may not be a factor in the calculation of child support.

DIGEST OF INTRODUCED BILL

Grandparent visitation. Provides that a child's grandparent may seek visitation rights when a parent or guardian of the child unreasonably denies or restricts visitation. Eliminates current conditions under which a grandparent may seek visitation rights. Specifies the court in which a grandparent seeking visitation rights may file a petition.

DIGEST OF INTRODUCED BILL

Joint legal custody in paternity determinations. Allows a court to award joint legal custody of a child following a determination of paternity. Provides that an award of joint legal custody does not require an equal division of physical custody of the child. Establishes factors for the court to consider in determining whether to grant joint legal custody.

DIGEST OF INTRODUCED BILL

Grandparent and great-grandparent rights. Allows great-grandparents to seek visitation rights with their great-grandchildren in certain circumstances. Provides that a grandparent or great- grandparent may seek visitation with a child if the parent or guardian of the child refuses to allow or restricts visitation by the grandparent or great-grandparent. Establishes factors the court may consider in determining whether granting visitation rights to a grandparent or great-grandparent is in the best interests of the child.

Grandparent visitation. Provides that a child's grandparent may seek visitation rights when a parent or guardian of the child unreasonably denies or restricts visitation. Eliminates current conditions under which a grandparent may seek visitation rights. Specifies the court in which a grandparent seeking visitation rights may file a petition.

DIGEST OF INTRODUCED BILL

Public access issues. Requires a public agency to give notice of the agency's meetings to any person who makes an annual request for notice. Allows a court to assess a civil penalty of up to $1,000 against each of the following for violating the public records law or the open door law: (1) The officer of a public agency. (2) Employee of a public agency. (3) The public agency. Requires (rather than allows) a court to review public records in camera to determine whether redaction of the records violates the public records act. If a formal complaint is filed, requires the public access counselor to review public records in camera to determine whether redaction of the records violated the access to public records act. Creates an education fund for a program administered by the public access counselor to train public officials and educate the public on the rights of the public and the responsibilities of public agencies under the public access laws. Makes a continuous appropriation.

DIGEST OF INTRODUCED BILL

Interference with custody. Makes interference with custody a Class D felony (instead of a Class C misdemeanor) if the interference with custody lasts more than 180 continuous days.

DIGEST OF INTRODUCED BILL

Grandparent and great-grandparent visitation. Allows great-grandparents to seek visitation rights with their great-grandchildren in certain circumstances. Allows a grandparent or great- grandparent to seek visitation if the grandparent or great-grandparent has had meaningful contact with the child but, as a result of an estrangement between the parent of the child and the grandparent or great-grandparent, the parent of the child terminated the child's visits with the grandparent or great-grandparent. Makes conforming changes.

DIGEST OF INTRODUCED BILL

Disclaimer of property to avoid child support. Prohibits a person from disclaiming an interest in property if the person is delinquent in the payment of child support.

DIGEST OF INTRODUCED BILL

Parental rights for parents on active duty. Prohibits a court from modifying, amending, or issuing an order that modifies custody, parenting time, or child support of a parent on active duty if the motion for modification is filed during the time the parent is on active duty. Allows a court to enter a temporary order modifying the custody, parenting time, or child support of a parent on active duty if the court determines that modification would be in the best interests of the child. Requires the court to reinstate an order that was in effect at the time a parent was called to active duty upon the parent's return.

DIGEST OF INTRODUCED BILL

Child support. Provides a $1,000 deduction from adjusted gross income for each child for whom a noncustodial parent is paying more than 50% of the noncustodial parent's child's living expenses during a taxable year. Requires a court to order interest charges on all delinquent child support payments up to seven percent per month. Provides that current income withholding requirement for Title IV-D child support payments apply to all child support payments.

DIGEST OF INTRODUCED BILL

Joint physical and legal custody. Establishes a rebuttable presumption that joint legal custody and joint physical custody are in the best interests of a child in a dissolution of marriage. Requires the court to provide written findings if the court finds the presumption has been rebutted and joint custody is not in the best interests of the child. Provides that a court may reduce or cease parental contact between a parent and the parent's children only if the court makes written findings of fact based on clear and convincing evidence of substance abuse, spousal abuse, or child abuse or neglect. Provides that if a parent knowingly falsely accuses the other parent of child abuse or neglect or spousal abuse, the parent who was falsely accused may challenge the parental fitness of the accusing parent. Provides that during the pendency of a custody case, if both parents were residing in the home before filing for dissolution of marriage, each parent shall maintain an equal time share allocation between the parents and the children. Permits a court to cease or reduce contact between a parent and child during a pending dissolution case if the court makes written findings that substance abuse, spousal abuse, or child abuse or neglect occurred. Provides procedures if a parent is relocating. Changes the time a parent must file an objection to a relocation of a child notice. Provides that if a parent knowingly and intentionally prevents the other parent from the other parent's parenting time with a child, a court shall hold the parent in contempt of court. Provides that each parent is financially liable for their own attorney's fees concerning child custody matters. Provides that divorced parents with a child shall alternate years when the parent may claim the federal dependent tax deduction. Provides that certain recorded evidence is admissible in court in family law proceedings. Requires meetings, hearings, and conferences in a family law action to be recorded. Requires the division of state court administration to compile statistics concerning the failure to pay child support.