Citations Affected: IC 31-34-1-3; IC 31-34-12-4.5.
Synopsis: CHINS. Conference committee report for ESB 0194. Provides that a child is a child
in need of services (CHINS) if the child: (1) lives in the same household as another child who is
the victim of certain sex offenses; (2) lives in the same household as the adult who committed
the sex offense; (3) needs care, treatment, or rehabilitation that the child is not receiving and that
is unlikely to be provided or accepted without the coercive intervention of the court; and (4) has
been placed in or has been considered for placement in an informal adjustment program.
Establishes a rebuttable presumption that a child is a CHINS if: (1) another child in the same
household has been the victim of a sex offense; (2) the offense was committed by an adult living
in the household; and (3) the offense resulted in the conviction of the adult or a CHINS
adjudication concerning the child victim. Provides that a child presumed to be a CHINS may not
be taken into custody unless a court finds cause following a hearing. Establishes the statewide
child fatality review committee to review the deaths of children who die suddenly or
unexpectedly. Makes the testimony of a committee member inadmissible in certain proceedings.
Requires a juvenile court to order a child and the child's parent into counseling if the child is found
to have committed a delinquent act that would be one of certain types of sex crimes if committed
by an adult. Provides that records of state agencies regarding the death of a child who died as a
result of abuse, abandonment, or neglect are not confidential. (This conference committee
report: Removes the statewide child fatality review committee. Eliminates the provision
requiring a juvenile court to order counseling under certain situations. Removes a
provision relating to the records of state agencies.)
Effective: July 1, 2004.
Your Conference Committee appointed to confer with a like committee from the Senate upon Engrossed House Amendments to Engrossed Senate Bill No. 194 respectfully reports that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert:
presumption under subsection (a):
(1) The child who is the victim of the sex offense described in IC 31-34-1-3 is not genetically related to the adult who committed the act, but the child presumed to be the child in need of services under this section is genetically related to the adult who committed the act.
(2) The child who is the victim of the sex offense described in IC 31-34-1-3 differs in age from the child presumed to be the child in need of services under this section.
(c) This section does not affect the ability to take a child into custody or emergency custody under IC 31-34-2 if the act of taking the child into custody or emergency custody is not based upon a presumption established under this section. However, if the presumption established under this section is the sole basis for taking a child into custody or emergency custody under IC 31-34-2, the court first must find cause to take the child into custody or emergency custody following a hearing in which the parent, guardian, or custodian of the child is accorded the rights described in IC 31-34-4-6(a)(2) through IC 31-34-4-6(a)(5).
(Reference is to ESB 194 as printed February 20, 2004.)
Senator DillonRepresentative Orentlicher
Senator BrodenRepresentative Ruppel
Senate Conferees House Conferees