Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2004 Regular Session of the General Assembly.


SENATE ENROLLED ACT No. 529




     AN ACT to amend the Indiana Code concerning human services.

    Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 4-21.5-2-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. (a) This article does not apply to the formulation, issuance, or administrative review (but does, except as provided in subsection (b), apply to the judicial review and civil enforcement) of any of the following:
        (1) Except as provided in IC 12-17.2-4-18.7 and IC 12-17.2-5-18.7, determinations by the division of family and children. resources and the department of child services.
        (2) Determinations by the alcohol and tobacco commission.
        (3) Determinations by the office of Medicaid policy and planning concerning recipients and applicants of Medicaid. However, this article does apply to determinations by the office of Medicaid policy and planning concerning providers.

        (4) A final determination of the Indiana board of tax review.
    (b) IC 4-21.5-5-12 and IC 4-21.5-5-14 do not apply to judicial review of a final determination of the Indiana board of tax review.
    SECTION 2. IC 5-22-4-9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 9. The department of child services is the purchasing agency for services procured by the department under IC 31-33-1.5-10.
    SECTION 3. IC 6-1.1-17-3, AS AMENDED BY SEA 209-2005, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) The proper officers of a political subdivision shall formulate its estimated budget and its proposed tax rate and tax levy on the form prescribed by the department of local government finance and approved by the state board of accounts. The political subdivision shall give notice by publication to taxpayers of:
        (1) the estimated budget;
        (2) the estimated maximum permissible levy;
        (3) the current and proposed tax levies of each fund; and
        (4) the amounts of excessive levy appeals to be requested.
In the notice, the political subdivision shall also state the time and place at which a public hearing will be held on these items. The notice shall be published twice in accordance with IC 5-3-1 with the first publication at least ten (10) days before the date fixed for the public hearing.
    (b) The board of directors of a solid waste management district established under IC 13-21 or IC 13-9.5-2 (before its repeal) may conduct the public hearing required under subsection (a):
        (1) in any county of the solid waste management district; and
        (2) in accordance with the annual notice of meetings published under IC 13-21-5-2.
    (c) The trustee of each township in the county shall estimate the amount necessary to meet the cost of township assistance in the township for the ensuing calendar year. The township board shall adopt with the township budget a tax rate sufficient to meet the estimated cost of township assistance. The taxes collected as a result of the tax rate adopted under this subsection are credited to the township assistance fund.
     (d) A county shall adopt with the county budget and the department of local government finance shall certify under section 16 of this chapter a tax rate sufficient to raise the levy necessary to pay the following:
        (1) The cost of child services (as defined in IC 12-19-7-1) of the county payable from the family and children's fund.
        (2) The cost of children's psychiatric residential treatment services (as defined in IC 12-19-7.5-1) of the county payable from the children's psychiatric residential treatment services fund.
A budget, tax rate, or tax levy adopted by a county fiscal body or approved or modified by a county board of tax adjustment that is less than the levy necessary to pay the costs described in subdivision (1) or (2) shall not be treated as a final budget, tax rate, or tax levy under section 11 of this chapter.
    SECTION 4. IC 6-1.1-17-14, AS AMENDED BY SEA 209-2005, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 14. The county auditor shall initiate an appeal to the department of local government finance if the county fiscal body or the county board of tax adjustment reduces:
         (1) a township assistance tax rate below the rate necessary to meet the estimated cost of township assistance;
         (2) a family and children's fund tax rate below the rate necessary to collect the levy recommended by the department of child services; or
        (3) a children's psychiatric residential treatment services fund tax rate below the rate necessary to collect the levy recommended by the department of child services.
    SECTION 5. IC 6-3.5-6-18.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 18.5. (a) This section applies to a county containing a consolidated city.
    (b) Notwithstanding section 18(e) of this chapter, the distributive shares that each civil taxing unit in a county containing a consolidated city is entitled to receive during a month equals the following:
        (1) For the calendar year beginning January 1, 1995, calculate the total amount of revenues that are to be distributed as distributive shares during that month multiplied by the following factor:
    Center Township    .0251
    Decatur Township    .00217
    Franklin Township    .0023
    Lawrence Township    .01177
    Perry Township    .01130
    Pike Township    .01865
    Warren Township    .01359
    Washington Township    .01346
    Wayne Township    .01307
    Lawrence-City    .00858
    Beech Grove    .00845
    Southport    .00025
    Speedway    .00722
    Indianapolis/Marion County    .86409
        (2) Notwithstanding subdivision (1), for the calendar year beginning January 1, 1995, the distributive shares for each civil taxing unit in a county containing a consolidated city shall be not less than the following:
    Center Township    $1,898,145
    Decatur Township    $164,103
    Franklin Township    $173,934
    Lawrence Township    $890,086
    Perry Township    $854,544
    Pike Township    $1,410,375
    Warren Township    $1,027,721
    Washington Township    $1,017,890
    Wayne Township    $988,397
    Lawrence-City    $648,848
    Beech Grove    $639,017
    Southport    $18,906
    Speedway    $546,000
        (3) For each year after 1995, calculate the total amount of revenues that are to be distributed as distributive shares during that month as follows:
            STEP ONE: Determine the total amount of revenues that were distributed as distributive shares during that month in calendar year 1995.
            STEP TWO: Determine the total amount of revenue that the department has certified as distributive shares for that month under section 17 of this chapter for the calendar year.
            STEP THREE: Subtract the STEP ONE result from the STEP TWO result.
            STEP FOUR: If the STEP THREE result is less than or equal to zero (0), multiply the STEP TWO result by the ratio established under subdivision (1).
            STEP FIVE: Determine the ratio of:
                (A) the maximum permissible property tax levy under IC 6-1.1-18.5, and IC 6-1.1-18.6 IC 12-19-7, and IC 12-19-7.5 for each civil taxing unit for the calendar year in which the month falls, plus, for a county, an amount equal to the property taxes imposed by the county in 1999 for the county's welfare fund and welfare administration fund; divided by
                (B) the sum of the maximum permissible property tax levies under IC 6-1.1-18.5, and IC 6-1.1-18.6 IC 12-19-7, and IC 12-19-7.5 for all civil taxing

units of the county during the calendar year in which the month falls, and an amount equal to the property taxes imposed by the county in 1999 for the county's welfare fund and welfare administration fund.
            STEP SIX: If the STEP THREE result is greater than zero (0), the STEP ONE amount shall be distributed by multiplying the STEP ONE amount by the ratio established under subdivision (1).
            STEP SEVEN: For each taxing unit determine the STEP FIVE ratio multiplied by the STEP TWO amount.
            STEP EIGHT: For each civil taxing unit determine the difference between the STEP SEVEN amount minus the product of the STEP ONE amount multiplied by the ratio established under subdivision (1). The STEP THREE excess shall be distributed as provided in STEP NINE only to the civil taxing units that have a STEP EIGHT difference greater than or equal to zero (0).
            STEP NINE: For the civil taxing units qualifying for a distribution under STEP EIGHT, each civil taxing unit's share equals the STEP THREE excess multiplied by the ratio of:
                (A) the maximum permissible property tax levy under IC 6-1.1-18.5, and IC 6-1.1-18.6 IC 12-19-7, and IC 12-19-7.5 for the qualifying civil taxing unit during the calendar year in which the month falls, plus, for a county, an amount equal to the property taxes imposed by the county in 1999 for the county's welfare fund and welfare administration fund; divided by
                (B) the sum of the maximum permissible property tax levies under IC 6-1.1-18.5, and IC 6-1.1-18.6 IC 12-19-7, and IC 12-19-7.5 for all qualifying civil taxing units of the county during the calendar year in which the month falls, and an amount equal

to the property taxes imposed by the county in 1999 for the county's welfare fund and welfare administration fund.
    SECTION 6. IC 10-13-3-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) As used in this chapter, "criminal justice agency" means any agency or department of any level of government whose principal function is:
        (1) the apprehension, prosecution, adjudication, incarceration, probation, rehabilitation, or representation of criminal offenders;
        (2) the location of parents with child support obligations under 42 U.S.C. 653;
        (3) the licensing and regulating of riverboat gambling operations; or
        (4) the licensing and regulating of pari-mutuel horse racing operations.
    (b) The term includes the following:
        (1) The office of the attorney general.
        (2) The Medicaid fraud control unit, for the purpose of investigating offenses involving Medicaid.
        (3) A nongovernmental entity that performs as its principal function the:
            (A) apprehension, prosecution, adjudication, incarceration, or rehabilitation of criminal offenders;
            (B) location of parents with child support obligations under 42 U.S.C. 653;
            (C) licensing and regulating of riverboat gambling operations; or
            (D) licensing and regulating of pari-mutuel horse racing operations;
        under a contract with an agency or department of any level of government.
        (4) The division of family and children or a juvenile probation officer conducting a criminal history check (as defined in IC 31-9-2-29.7) under IC 12-14-25.5-3, IC 31-34, or IC 31-37 to determine the appropriateness

of an out-of-home placement for a:
            (A) child at imminent risk of placement;
            (B) child in need of services; or
            (C) delinquent child.
    SECTION 7. IC 10-13-3-7.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7.5. As used in this chapter, "emergency placement" means an emergency out-of-home placement of a child by the department of child services established by IC 31-33-1.5-2 or a court as a result of exigent circumstances, including an out-of-home placement under IC 31-34-2 or IC 31-34-4, or the sudden unavailability of the child's parent, guardian, or custodian. The term does not include placement to an entity or in a facility that is not a residence (as defined in IC 3-5-2-42.5) or that is licensed by the state.
    SECTION 8. IC 10-13-3-12.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 12.5. As used in this chapter, "national name based criminal history record check" means a query of the Interstate Identification Index data base maintained by the Federal Bureau of Investigation that:
        (1) is conducted using the subject's name; and
        (2) does not use fingerprint identification or another method of positive identification.
    SECTION 9. IC 10-13-3-27, AS AMENDED BY HEA 1288-2005, SECTION 117, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 27. (a) Except as provided in subsection (b), on request, law enforcement agencies shall release or allow inspection of a limited criminal history to noncriminal justice organizations or individuals only if the subject of the request:
        (1) has applied for employment with a noncriminal justice organization or individual;

        (2) has applied for a license and criminal history data as required by law to be provided in connection with the license;
        (3) is a candidate for public office or a public official;
        (4) is in the process of being apprehended by a law enforcement agency;
        (5) is placed under arrest for the alleged commission of a crime;
        (6) has charged that the subject's rights have been abused repeatedly by criminal justice agencies;
        (7) is the subject of a judicial decision or determination with respect to the setting of bond, plea bargaining, sentencing, or probation;
        (8) has volunteered services that involve contact with, care of, or supervision over a child who is being placed, matched, or monitored by a social services agency or a nonprofit corporation;
         (9) is currently residing in a location designated by the department of child services (established by IC 31-33-1.5-2) or by a juvenile court as the out-of-home placement for a child at the time the child will reside in the location;
        (9) (10) has volunteered services at a public school (as defined in IC 20-18-2-15) or nonpublic school (as defined in IC 20-18-2-12) that involve contact with, care of, or supervision over a student enrolled in the school;
        (10) (11) is being investigated for welfare fraud by an investigator of the division of family and children resources or a county office of family and children;
        (11) (12) is being sought by the parent locator service of the child support bureau of the division of family and children;
        (12) (13) is or was required to register as a sex and violent offender under IC 5-2-12; or
        (13) (14) has been convicted of any of the following:
            (A) Rape (IC 35-42-4-1), if the victim is less than

eighteen (18) years of age.
            (B) Criminal deviate conduct (IC 35-42-4-2), if the victim is less than eighteen (18) years of age.
            (C) Child molesting (IC 35-42-4-3).
            (D) Child exploitation (IC 35-42-4-4(b)).
            (E) Possession of child pornography (IC 35-42-4-4(c)).
            (F) Vicarious sexual gratification (IC 35-42-4-5).
            (G) Child solicitation (IC 35-42-4-6).
            (H) Child seduction (IC 35-42-4-7).
            (I) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
            (J) Incest (IC 35-46-1-3), if the victim is less than eighteen (18) years of age.
However, limited criminal history information obtained from the National Crime Information Center may not be released under this section except to the extent permitted by the Attorney General of the United States.
    (b) A law enforcement agency shall allow inspection of a limited criminal history by and release a limited criminal history to the following noncriminal justice organizations:
        (1) Federally chartered or insured banking institutions.
        (2) Officials of state and local government for any of the following purposes:
            (A) Employment with a state or local governmental entity.
            (B) Licensing.
        (3) Segments of the securities industry identified under 15 U.S.C. 78q(f)(2).
    (c) Any person who uses limited criminal history for any purpose not specified under this section commits a Class A misdemeanor.
    SECTION 10. IC 10-13-3-27.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 27.5. (a) If:
        (1) exigent circumstances require the emergency placement of a child; and

        (2) the department will be unable to obtain criminal history information from the Interstate Identification Index before the emergency placement is scheduled to occur;
upon request of the department of child services established by IC 31-33-1.5-2, a caseworker, or a juvenile probation officer, the department may conduct a national name based criminal history record check of each individual who is currently residing in the location designated as the out-of-home placement at the time the child will reside in the location. The department shall promptly transmit a copy of the report it receives from the Interstate Identification Index to the agency or person that submitted a request under this section.
    (b) Not later than seventy-two (72) hours after the department of child services, the caseworker, or the juvenile probation officer receives the results of the national name based criminal history record check, the department of child services, the caseworker, or the juvenile probation officer shall provide the department with a complete set of fingerprints for each individual who is currently residing in the location designated as the out-of-home placement at the time the child will be placed in the location. The department shall:
        (1) use fingerprint identification to positively identify each individual who is currently residing in the location designated as the out-of-home placement at the time the child will reside in the location; or
        (2) submit the fingerprints to the Federal Bureau of Investigation not later than fifteen (15) days after the date on which the national name based criminal history record check was conducted.
The child shall be removed from the location designated as the out-of-home placement if an individual who is currently residing in the location designated as the out-of-home placement at the time the child will reside in the location fails to provide a complete set of fingerprints

to the department of child services, the caseworker, or the juvenile probation officer.
    (c) The department and the person or agency that provided fingerprints shall comply with all requirements of 42 U.S.C. 5119a and any other applicable federal law or regulation regarding:
        (1) notification to the subject of the check; and
        (2) the use of the results obtained based on the check of the person's fingerprints.
    (d) If an out-of-home placement is denied as the result of a national name based criminal history record check, an individual who is currently residing in the location designated as the out-of-home placement at the time the child will reside in the location may contest the denial by submitting to the department of child services, the caseworker, or the juvenile probation officer:
        (1) a complete set of the individual's fingerprints; and
        (2) written authorization permitting the department of child services, the caseworker, or the juvenile probation officer to forward the fingerprints to the department for submission to the Federal Bureau of Investigation;
not later than five (5) days after the out-of-home placement is denied.
    (e) The:
        (1) department; and
        (2) Federal Bureau of Investigation;
may charge a reasonable fee for processing a national name based criminal history record check. The department shall adopt rules under IC 4-22-2 to establish a reasonable fee for processing a national name based criminal history record check and for collecting fees owed under this subsection.
    (f) The:
        (1) department of child services, for an out-of-home placement arranged by a caseworker or the

department of child services; or
        (2) juvenile court, for an out-of-home placement ordered by the juvenile court;
shall pay the fee described in subsection (e), arrange for fingerprinting, and pay the costs of fingerprinting, if any.
    SECTION 11. IC 10-13-3-39, AS AMENDED BY HEA 1288-2005, SECTION 120, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 39. (a) The department is designated as the authorized agency to receive requests for, process, and disseminate the results of national criminal history background checks that comply with this section and 42 U.S.C. 5119a.
    (b) A qualified entity may contact the department to request a national criminal history background check on any of the following persons:
        (1) A person who seeks to be or is employed with the qualified entity. A request under this subdivision must be made not later than three (3) months after the person is initially employed by the qualified entity.
        (2) A person who seeks to volunteer or is a volunteer with the qualified entity. A request under this subdivision must be made not later than three (3) months after the person initially volunteers with the qualified entity.
    (c) A qualified entity must submit a request under subsection (b) in the form required by the department and provide a set of the person's fingerprints and any required fees with the request.
    (d) If a qualified entity makes a request in conformity with subsection (b), the department shall submit the set of fingerprints provided with the request to the Federal Bureau of Investigation for a national criminal history background check for convictions described in IC 20-26-5-11. The department shall respond to the request in conformity with:
        (1) the requirements of 42 U.S.C. 5119a; and
        (2) the regulations prescribed by the Attorney General of the United States under 42 U.S.C. 5119a.

    (e) This subsection applies to a qualified entity that:
        (1) is not a school corporation or a special education cooperative; or
        (2) is a school corporation or a special education cooperative and seeks a national criminal history background check for a volunteer.
After receiving the results of a national criminal history background check from the Federal Bureau of Investigation, the department shall make a determination whether the applicant has been convicted of an offense described in IC 20-26-5-11 and convey the determination to the requesting qualified entity.
    (f) This subsection applies to a qualified entity that:
        (1) is a school corporation or a special education cooperative; and
        (2) seeks a national criminal history background check to determine whether to employ or continue the employment of a certificated employee or a noncertificated employee of a school corporation or an equivalent position with a special education cooperative.
After receiving the results of a national criminal history background check from the Federal Bureau of Investigation, the department may exchange identification records concerning convictions for offenses described in IC 20-26-5-11 with the school corporation or special education cooperative solely for purposes of making an employment determination. The exchange may be made only for the official use of the officials with authority to make the employment determination. The exchange is subject to the restrictions on dissemination imposed under P.L.92-544, (86 Stat. 1115) (1972).
     (g) This subsection applies to a qualified entity (as defined in IC 10-13-3-16) that is a public agency under IC 5-14-1.5-2(a)(1). After receiving the results of a national criminal history background check from the Federal Bureau of Investigation, the department shall provide a copy to the public agency. Except as permitted

by federal law, the public agency may not share the information contained in the national criminal history background check with a private agency.
    SECTION 12. IC 12-7-2-57.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 57.5. (a) "Department", for purposes of IC 12-13-14, has the meaning set forth in IC 12-13-14-1.
     (b) "Department", for purposes of IC 12-19, refers to the department of child services.
    (b) (c) "Department", for purposes of IC 12-20, refers to the department of local government finance established by IC 6-1.1-30-1.1.
    SECTION 13. IC 12-7-2-64 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 64. "Director" refers to the following:
        (1) With respect to a particular division, the director of the division.
        (2) With respect to a particular state institution, the director who has administrative control of and responsibility for the state institution.
        (3) For purposes of IC 12-10-15, the term refers to the director of the division of disabilities, disability, aging, and rehabilitative services.
         (4) For purposes of IC 12-19-5, the term refers to the director of the department of child services established by IC 31-33-1.5-2.
        (4) (5) For purposes of IC 12-25, the term refers to the director of the division of mental health and addiction.
        (5) (6) For purposes of IC 12-26, the term:
            (A) refers to the director who has administrative control of and responsibility for the appropriate state institution; and
            (B) includes the director's designee.
        (6) (7) If subdivisions (1) through (5) (6) do not apply, the term refers to the director of any of the divisions.
    SECTION 14. IC 12-7-2-69 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 69. (a) "Division", except as provided in subsections (b) and (c), refers to any of the following:
        (1) The division of disability, aging, and rehabilitative services established by IC 12-9-1-1.
        (2) The division of family and children resources established by IC 12-13-1-1.
        (3) The division of mental health and addiction established by IC 12-21-1-1.
    (b) The term refers to the following:
        (1) For purposes of the following statutes, the division of disability, aging, and rehabilitative services established by IC 12-9-1-1:
            (A) IC 12-9.
            (B) IC 12-10.
            (C) IC 12-11.
            (D) IC 12-12.
            (E) IC 12-12.5.
        (2) For purposes of the following statutes, the division of family and children resources established by IC 12-13-1-1:
            (A) IC 12-13.
            (B) IC 12-14.
            (C) IC 12-15.
            (D) IC 12-16.
            (E) IC 12-17.
            (F) (E) IC 12-17.2.
            (G) IC 12-17.4.
            (H) (F) IC 12-18.
            (I) (G) IC 12-19.
            (J) (H) IC 12-20.
        (3) For purposes of the following statutes, the division of mental health and addiction established by IC 12-21-1-1:
            (A) IC 12-21.
            (B) IC 12-22.
            (C) IC 12-23.

            (D) IC 12-25.
    (c) With respect to a particular state institution, the term refers to the division whose director has administrative control of and responsibility for the state institution.
    (d) For purposes of IC 12-24, IC 12-26, and IC 12-27, the term refers to the division whose director has administrative control of and responsibility for the appropriate state institution.
    SECTION 15. IC 12-8-1-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10. This chapter expires January 1, 2006. 2008.
    SECTION 16. IC 12-8-2-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 12. This chapter expires January 1, 2006. 2008.
    SECTION 17. IC 12-8-6-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10. This chapter expires January 1, 2006. 2008.
    SECTION 18. IC 12-8-8-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. This chapter expires January 1, 2006. 2008.
    SECTION 19. IC 12-13-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. The division of family and children resources is established.
    SECTION 20. IC 12-13-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. The division shall administer or supervise the public welfare activities of the state. The division has the following powers and duties:
        (1) The administration of old age assistance, aid to dependent children, and assistance to the needy blind and persons with disabilities, excluding assistance to children with special health care needs.
        (2) The administration of the following:
            (A) Any public child welfare service.
            (B) The licensing and inspection under IC 12-17.2. and IC 12-17.4.
            (C) The care of dependent and neglected children in foster family homes or institutions, especially children placed for adoption or those born out of wedlock.
            (D) The interstate placement of children.
        (3) The provision of services to county governments, including the following:
            (A) Organizing and supervising county offices for the effective administration of public welfare functions.
            (B) Compiling statistics and necessary information concerning public welfare problems throughout Indiana.
            (C) Researching and encouraging research into crime, delinquency, physical and mental disability, and the cause of dependency.
        (4) Prescribing the form of, printing, and supplying to the county departments offices blanks for applications, reports, affidavits, and other forms the division considers necessary and advisable.
        (5) Cooperating with the federal Social Security Administration and with any other agency of the federal government in any reasonable manner necessary and in conformity with IC 12-13 through IC 12-19 to qualify for federal aid for assistance to persons who are entitled to assistance under the federal Social Security Act. The responsibilities include the following:
            (A) Making reports in the form and containing the information that the federal Social Security Administration Board or any other agency of the federal government requires.
            (B) Complying with the requirements that a board or agency finds necessary to assure the correctness and verification of reports.
        (6) Appointing from eligible lists established by the state personnel board employees of the division necessary to effectively carry out IC 12-13 through IC 12-19. The division may not appoint a person who is not a citizen of the United States and who has not been a resident of

Indiana for at least one (1) year immediately preceding the person's appointment unless a qualified person cannot be found in Indiana for a position as a result of holding an open competitive examination.
        (7) Assisting the office of Medicaid policy and planning in fixing fees to be paid to ophthalmologists and optometrists for the examination of applicants for and recipients of assistance as needy blind persons.
        (8) When requested, assisting other departments, agencies, divisions, and institutions of the state and federal government in performing services consistent with this article.
        (9) Acting as the agent of the federal government for the following:
            (A) In welfare matters of mutual concern under IC 12-13 through IC 12-19, except for responsibilities of the department of child services under IC 31-33-1.5.
            (B) In the administration of federal money granted to Indiana in aiding welfare functions of the state government.
        (10) Administering additional public welfare functions vested in the division by law and providing for the progressive codification of the laws the division is required to administer.
        (11) Supervising day care centers. and child placing agencies.
        (12) Supervising the licensing and inspection of all public child caring agencies.
        (13) Supervising the care of delinquent children and children in need of services.
        (14) Assisting juvenile courts as required by IC 31-30 through IC 31-40.
        (15) Supervising the care of dependent children and children placed for adoption.
        (16) (12) Compiling information and statistics concerning the ethnicity and gender of a program or

service recipient.
        (17) Providing permanency planning services for children in need of services, including:
            (A) making children legally available for adoption; and
            (B) placing children in adoptive homes;
        in a timely manner.
    SECTION 21. IC 12-13-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. The division shall administer the following:
        (1) The Interstate Compact on the Placement of Children (IC 12-17-8).
        (2) (1) Any sexual offense services.
        (3) (2) A child development associate scholarship program.
        (4) (3) Any school age dependent care program.
        (5) (4) Migrant day care services.
        (6) Any youth services programs.
        (7) Project safe place.
        (8) (5) Prevention services to high risk youth.
        (9) (6) Any commodities program.
        (10) (7) The migrant nutrition program.
        (11) (8) Any emergency shelter programs.
        (12) (9) Any weatherization programs.
        (13) (10) The Housing Assistance Act of 1937 (42 U.S.C. 1437).
        (14) (11) The home visitation and social services program.
        (15) (12) The educational consultants program.
        (16) Child abuse prevention programs.
        (17) (13) Community restitution or service programs.
        (18) (14) The crisis nursery program.
        (19) (15) Energy assistance programs.
        (20) (16) Domestic violence programs.
        (21) (17) Social services programs.
        (22) (18) Assistance to migrants and seasonal

farmworkers.
        (23) (19) The step ahead comprehensive early childhood grant program.
        (24) (20) Any other program:
            (A) designated by the general assembly; or
            (B) administered by the federal government under grants consistent with the duties of the division.
    SECTION 22. IC 12-13-5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) Each county auditor shall keep records and make reports relating to the county welfare fund (before July 1, 2001), the family and children's fund, and other financial transactions as required under IC 12-13 through IC 12-19 and as required by the division or the department of child services.
    (b) All records provided for in IC 12-13 through IC 12-19 shall be kept, prepared, and submitted in the form required by the division or the department of child services and the state board of accounts.
    SECTION 23. IC 12-13-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. The following bureaus are established within the division:
        (1) A bureau of family independence. child development.
        (2) A family protection bureau of economic independence.
        (3) A youth development bureau that includes a children's disabilities services unit.
        (4) A bureau of child care services.
        (5) A bureau of residential services.
        (6) A bureau of family resources.
        (7) A food stamp bureau.
        (8) A child support bureau.
    SECTION 24. IC 12-13-7-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. The division shall administer the following:
        (1) The Community Services Block Grant under 42

U.S.C. 9901 et seq.
        (2) The Low Income Home Energy Assistance Block Grant under 42 U.S.C. 8621 et seq.
        (3) The United States Department of Energy money under 42 U.S.C. 6851 et seq.
        (4) The domestic violence prevention and treatment fund under IC 12-18-4.
        (5) The Child Care and Development Block Grant under 42 U.S.C. 658 et seq. 42 U.S.C. 9858 et seq.
        (6) Title IV-B of the federal Social Security Act under 42 U.S.C. 620 et seq.
        (7) Title IV-E of the federal Social Security Act under 42 U.S.C. 670 et seq.
        (8) (6) The federal Food Stamp Program under 7 U.S.C. 2011 et seq.
        (9) The Social Services Block Grant under 42 U.S.C. 1397 et seq.
        (10) (7) Title IV-A of the federal Social Security Act.
        (11) (8) Any other funding source:
            (A) designated by the general assembly; or
            (B) available from the federal government under grants that are consistent with the duties of the division.
    SECTION 25. IC 12-13-7-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. The division is the single state agency responsible for administering the following:
        (1) The Child Care and Development Block Grant under 42 U.S.C. 658 et seq. 42 U.S.C. 9858 et seq. The division shall apply to the United States Department of Health and Human Services for a grant under the Child Care Development Block Grant.
        (2) Title IV-B of the federal Social Security Act under 42 U.S.C. 620 et seq.
        (3) Title IV-E of the federal Social Security Act under 42 U.S.C. 670 et seq.

        (4) (2) The federal Food Stamp Program under 7 U.S.C. 2011 et seq.
        (5) The federal Social Services Block Grant under 42 U.S.C. 1397 et seq.
    SECTION 26. IC 12-13-7-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 12. (a) The division and the department of child services shall do the following:
        (1) Prepare and submit to the state board of accounts for approval forms and records for assistance, receipts, disbursements, advancements, transfers, and other financial transactions necessary to administer IC 12-13 through IC 12-19.
        (2) Disclose financial transactions connected with subdivision (1).
    (b) Upon the approval and adoption by the state board of accounts, the division and the department of child services shall prescribe the forms, records, and method of accounting for all counties.
    SECTION 27. IC 12-13-7-18 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 18. The director of the division shall prepare a biennial budget of money necessary to be appropriated by the general assembly for the division for the purposes of IC 12-13 through IC 12-19. The budget must include an estimate of all federal money that may be allotted to the state by the federal government for the purposes of the division. The budget shall be submitted to and filed with the budget director.
    SECTION 28. IC 12-13-15-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) A child fatality review consists of determining:
        (1) whether similar future deaths could be prevented; and
        (2) agencies or resources that should be involved to adequately prevent future deaths of children.
     (b) In conducting the child fatality review under

subsection (a), the local child fatality review team shall review every record concerning the deceased child that is held by the department of child services.
    SECTION 29. IC 12-13-15.1-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (a) A child fatality review conducted by the statewide child fatality review committee under this chapter must consist of determining:
        (1) whether similar future deaths could be prevented; and
        (2) agencies or resources that should be involved to adequately prevent future deaths of children.
     (b) In conducting the child fatality review under subsection (a), the statewide child fatality review committee shall review every record concerning the deceased child that is held by:
        (1) the department of child services; or
        (2) a local child fatality review team.
    SECTION 30. IC 12-14-25.5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) Family preservation services may provide:
        (1) comprehensive, coordinated, flexible, and accessible services;
        (2) intervention as early as possible with emphasis on establishing a safe and nurturing environment;
        (3) services to families who have members placed in care settings outside the nuclear family; and
        (4) planning options for temporary placement outside the family if it would endanger the child to remain in the home.
    (b) Unless authorized by a juvenile court, family preservation services may not include a temporary out-of-home placement if a person who:
        (1) is currently residing in the location designated as the out-of-home placement; or
        (2) in the reasonable belief of family preservation services is expected to be residing in the location

designated as the out-of-home placement during the time the child at imminent risk of placement would be placed in the location;
has committed an act resulting in a substantiated report of child abuse or neglect or has a juvenile adjudication or a conviction for a felony listed in IC 12-17.4-4-11.
    (c) Before placing a child at imminent risk of placement in a temporary out-of-home placement, the county office of family and children shall conduct a criminal history check (as defined in IC 31-9-2-29.7) IC 31-9-2-22.5) for each person described in subsection (b)(1) and (b)(2). However, the county office of family and children is not required to conduct a criminal history check under this section if the temporary out-of-home placement is made to an entity or facility that is not a residence (as defined in IC 3-5-2-42.5) or that is licensed by the state.
    SECTION 31. IC 12-17-2-18, AS AMENDED BY SEA 2-2005, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 18. (a) The bureau shall make the agreements necessary for the effective administration of the plan with local governmental officials within Indiana. The bureau shall contract with:
        (1) a prosecuting attorney; or
        (2) a private attorney if the bureau determines that a reasonable contract cannot be entered into with a prosecuting attorney and the determination is approved by at least two-thirds (2/3) of the Indiana child custody and support advisory committee (established by IC 33-24-11-1); or
        (3) a collection agency licensed under IC 25-11 to collect arrearages on child support orders under which collections have not been made on arrearages for at least two (2) years;
in each judicial circuit to undertake activities required to be performed under Title IV-D of the federal Social Security Act (42 U.S.C. 651), including establishment of paternity, establishment, enforcement, and modification of child

support orders, activities under the Uniform Reciprocal Enforcement of Support Act (IC 31-2-1, before its repeal) or the Uniform Interstate Family Support Act (IC 31-18, or IC 31-1.5 before its repeal), and if the contract is with a prosecuting attorney, prosecutions of welfare fraud.
    (b) The hiring of an attorney by an agreement or a contract made under this section is not subject to the approval of the attorney general under IC 4-6-5-3. An agreement or a contract made under this section is not subject to IC 4-13-2-14.3 or IC 5-22.
    (c) Subject to section 18.5 of this chapter, a prosecuting attorney with which the bureau contracts under subsection (a):
         (1) may contract with a private organization collection agency licensed under IC 25-11 to provide child support enforcement services; and
         (2) shall contract with a collection agency licensed under IC 25-11 to collect arrearages on child support orders under which collections have not been made on arrearages for at least two (2) years.
    (d) A prosecuting attorney or private attorney entering into an agreement or a contract with the bureau under this section enters into an attorney-client relationship with the state to represent the interests of the state in the effective administration of the plan and not the interests of any other person. An attorney-client relationship is not created with any other person by reason of an agreement or contract with the bureau.
    (e) At the time that an application for child support services is made, the applicant must be informed that:
        (1) an attorney who provides services for the child support bureau is the attorney for the state and is not providing legal representation to the applicant; and
        (2) communications made by the applicant to the attorney and the advice given by the attorney to the applicant are not confidential communications protected by the privilege provided under IC 34-46-3-1.

    (f) A prosecuting attorney or private attorney who contracts or agrees under this section to undertake activities required to be performed under Title IV-D is not required to mediate, resolve, or litigate a dispute between the parties relating to the amount of parenting time or parenting time credit.
    SECTION 32. IC 12-17-2-18.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 18.5. (a) The bureau shall establish a program to allow a prosecuting attorney with which the bureau has contracted under section 18 of this chapter to contract with a private organization collection agency licensed under IC 25-11 to provide child support enforcement services.
    (b) The bureau may shall: establish:
        (1) establish a list of approved private organizations collection agencies with which a prosecuting attorney may contract under this section; and
        (2) establish requirements for participation in the program established under this section to assure:
            (A) effective administration of the plan; and
            (B) compliance with all federal and state statutes, regulations, and rules;
        (3) update and review the list described in subdivision (1) and forward a copy of the updated list to each prosecuting attorney annually; and
        (4) preapprove or approve all contracts between a collection agency and a prosecuting attorney.
    (c) A contract between a prosecuting attorney and a private organization collection agency under this section must include the following provisions:
        (1) A provision that records of a contractor operated child support enforcement system are subject to inspection and copying to the same extent the records would be subject to inspection and copying if the contractor were a public agency under IC 5-14-3.
        (2) A provision that records that are provided by a

contractor to the prosecuting attorney that relate to compliance by the contractor with the terms of the contract are subject to inspection and copying in accordance with IC 5-14-3.
    (d) Not later than July 1, 2001, 2006, the bureau shall provide the legislative council with a report:
         (1) evaluating the effectiveness of the program established under this section; and
        (2) evaluating the impact of arrearage reductions for child support orders under which collection agencies have collected under IC 12-17-2-18(c).
    (e) The bureau is not liable for any costs related to a contract entered into under this section that are disallowed for reimbursement by the federal government under the Title IV-D program of the federal Social Security Act.
    (f) The bureau shall treat costs incurred by a prosecuting attorney under this section as administrative costs of the prosecuting attorney.
    (g) Contracts between a collection agency licensed under IC 25-11 and the bureau or a prosecuting attorney:
        (1) must:
            (A) be in writing;
            (B) include:
                (i) all fees, charges, and costs, including administrative and application fees; and
                (ii) the right of the bureau or the prosecuting attorney to cancel the contract at any time;
            (C) require the collection agency, upon the request of the bureau or the prosecuting attorney, to provide the:
                (i) source of each payment received for arrearage on a child support order;
                (ii) form of each payment received for arrearage on a child support order;
                (iii) amount and percentage that is deducted as a fee or a charge from each payment of arrearage on a child support order; and

                (iv) amount of arrearage owed under a child support order; and
            (D) be one (1) year renewable contracts; and
        (2) may be negotiable contingency contracts in which a collection agency may not collect a fee that exceeds fifteen percent (15%) of the arrearages collected per case.
    SECTION 33. IC 12-17-12-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 12. The division may not approve a grant from the fund to an applicant unless the applicant agrees to adopt the following program enrollment priorities:
        (1) First priority must be given to children who are referred to a program by the local department of child protection service agency services under IC 31-33 (or IC 31-6-11 before its repeal). Within this priority, children in families with the lowest gross monthly income compared to other children in this priority level must be enrolled first.
        (2) Second priority must be given to children in kindergarten and grades 1 through 3 and the children's siblings if the children's families need school age child care services because of:
            (A) enrollment of a child's legal custodian in vocational training under a degree program;
            (B) employment of a child's legal custodian; or
            (C) physical or mental incapacitation of a child's legal custodian.
        (3) Third priority must be given to children in grades 4 through 9 if the children's families need school age child care services because of:
            (A) enrollment of a child's legal custodian in vocational training under a degree program;
            (B) employment of a child's legal custodian; or
            (C) physical or mental incapacitation of a child's legal custodian.
    SECTION 34. IC 12-17.4-2-9 IS AMENDED TO READ

AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 9. A waiver or variance granted under section 8 of this chapter and a waiver or variance renewed under section 10 of this chapter expires on the earlier of the following:
        (1) The date when the license affected by the waiver or variance expires.
        (2) The date set by the division for the expiration of the waiver or variance.
        (3) The occurrence of the event set by the division for the expiration of the waiver or variance.
        (4) Two (2) Four (4) years after the date that the waiver or variance becomes effective.
    SECTION 35. IC 12-17.4-3-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 11. (a) A license for a child caring institution expires two (2) four (4) years after the date of issuance, unless the license is revoked, modified to a probationary or suspended status, or voluntarily returned.
    (b) A license issued under this chapter:
        (1) is not transferable;
        (2) applies only to the licensee and the location stated in the application; and
        (3) remains the property of the division.
    (c) When a licensee submits a timely application for renewal, the current license shall remain in effect until the division issues a license or denies the application.
    (d) A current license must be publicly displayed.
    SECTION 36. IC 12-17.4-4-1.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1.5. (a) A person may not operate a therapeutic foster family home without a license issued under this article.
    (b) The state or a political subdivision of the state may not operate a therapeutic foster family home without a license issued under this article.
    (c) The division may only issue a license for a therapeutic foster family home that meets:
        (1) all of the licensing requirements of a foster family

home; and
        (2) the additional requirements described in this section.
    (d) An applicant for a therapeutic foster family home license must do the following:
        (1) Be licensed as a foster parent under 470 IAC 3-1-1 et seq.
        (2) Participate in thirty (30) hours of preservice training that includes:
            (A) twenty (20) hours of preservice training to be licensed as a foster parent under 470 IAC 3-1-1 et seq.; and
            (B) ten (10) hours of additional preservice training in therapeutic foster care.
    (e) A person who is issued a license to operate a therapeutic foster family home shall, within one (1) year after meeting the training requirements of subsection (d)(2) and annually thereafter, participate in twenty (20) hours of training that includes:
        (1) ten (10) hours of training as required in order to be licensed as a foster parent under 470 IAC 3-1-1 et seq.; and
        (2) ten (10) hours of additional training in order to be licensed as a therapeutic foster parent under this chapter.
    (f) An operator of a therapeutic foster family home may not provide supervision and care in a therapeutic foster family home to more than two (2) foster children at the same time, not including the children for whom the applicant or operator is a parent, stepparent, guardian, custodian, or other relative. The division may grant an exception to this subsection whenever the placement of siblings in the same therapeutic foster family home is desirable or in the best interests of the foster children residing in the home.
     (g) The department of child services shall adopt rules under IC 4-22-2 necessary to carry out this section, including rules governing the number of hours of training required under subsections (d) and (e).
    SECTION 37. IC 12-17.4-4-1.7 IS AMENDED TO READ

AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1.7. (a) A person may not operate a special needs foster family home without a license issued under this article.
    (b) The state or a political subdivision of the state may not operate a special needs foster family home without a license issued under this article.
    (c) The division may only issue a license for a special needs foster family home that meets:
        (1) all of the licensing requirements of a foster family home; and
        (2) the additional requirements described in this section.
    (d) An applicant for a special needs foster family home license must be licensed as a foster parent under 470 IAC 3-1-1 et seq. that includes participating in twenty (20) hours of preservice training.
    (e) A person who is issued a license to operate a special needs foster family home shall, within one (1) year after meeting the training requirements of subsection (d) and annually thereafter, participate in twenty (20) hours of training that includes:
        (1) ten (10) hours of training as required in order to be licensed as a foster parent under 470 IAC 3-1-1 et seq.; and
        (2) ten (10) hours of additional training that includes specialized training to meet the child's specific needs.
    (f) An operator of a special needs foster family home may not provide supervision and care as a special needs foster family home if more than:
        (1) eight (8) individuals, each of whom either:
            (A) is less than eighteen (18) years of age; or
            (B) is at least eighteen (18) years of age and is receiving care and supervision under an order of a juvenile court; or
        (2) four (4) individuals less than six (6) years of age;
including the children for whom the provider is a parent, stepparent, guardian, custodian, or other relative, receive care and supervision in the home at the same time. Not more than

four (4) of the eight (8) individuals described in subdivision (1) may be less than six (6) years of age. The division may grant an exception to this section whenever the division determines that the placement of siblings in the same special needs foster home is desirable.
    (g) The division shall consider the specific needs of each special needs foster child whenever the division determines the appropriate number of children to place in the special needs foster home under subsection (f). The division may require a special needs foster family home to provide care and supervision to less than the maximum number of children allowed under subsection (f) upon consideration of the specific needs of a special needs foster child.
     (h) The department of child services shall adopt rules under IC 4-22-2 necessary to carry out this section, including rules governing the number of hours of training required under subsection (e).
    SECTION 38. IC 12-17.4-4-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 14. (a) A license for a foster family home expires two (2) four (4) years after the date of issuance, unless the license is revoked, modified to a probationary or suspended status, or voluntarily returned.
    (b) A license issued under this chapter:
        (1) is not transferable;
        (2) applies only to the licensee and the location stated in the application; and
        (3) remains the property of the division.
    (c) A foster family home shall have the foster family home's license available for inspection.
    (d) If a licensee submits a timely application for renewal, the current license shall remain in effect until the division issues a license or denies the application.
    SECTION 39. IC 12-17.4-5-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 11. (a) A license for a group home expires two (2) four (4) years after the date of issuance, unless the license is revoked, modified

to a probationary or suspended status, or voluntarily returned.
    (b) A license issued under this chapter:
        (1) is not transferable;
        (2) applies only to the licensee and the location stated in the application; and
        (3) remains the property of the division.
    (c) A current license shall be publicly displayed.
    (d) If a licensee submits a timely application for renewal, the current license remains in effect until the division issues a license or denies the application.
    SECTION 40. IC 12-17.4-6-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10. (a) A license for a child placing agency expires two (2) four (4) years after the date of issuance, unless the license is revoked, modified to a probationary or suspended status, or voluntarily returned.
    (b) A license issued under this chapter:
        (1) is not transferable;
        (2) applies only to the licensee and the location stated in the application; and
        (3) remains the property of the division.
    (c) A child placing agency shall have the child placing agency's license available for inspection.
    (d) If a licensee submits a timely application for renewal, the current license shall remain in effect until the division issues a license or denies the application.
    SECTION 41. IC 12-18-8-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10. (a) A local domestic violence fatality review team consists of the following members:
        (1) A survivor of domestic violence.
        (2) A domestic violence direct service provider.
        (3) A representative of law enforcement from the area served by the local domestic violence fatality review team.
        (4) A prosecuting attorney or the prosecuting attorney's designee from the area served by the local domestic

violence fatality review team.
        (5) An expert in the field of forensic pathology, a coroner, or a deputy coroner.
        (6) A medical practitioner with expertise in domestic violence.
        (7) A judge who hears civil or criminal cases.
        (8) An employee of a the department of child protective services. agency.
    (b) If a local domestic violence fatality review team is established in one (1) county, the legislative body that voted to establish the local domestic violence fatality review team under section 6 of this chapter shall:
        (1) adopt an ordinance for the appointment and reappointment of members of the local domestic violence fatality review team; and
        (2) appoint members to the local domestic violence fatality review team under the ordinance adopted.
    (c) If a local domestic violence fatality review team is established in a region, the county legislative bodies that voted to establish the local domestic violence fatality review team under section 6 of this chapter shall:
        (1) each adopt substantially similar ordinances for the appointment and reappointment of members of the local domestic violence fatality review team; and
        (2) appoint members to the local domestic violence fatality review team under the ordinances adopted.
    (d) A local domestic violence fatality review team may not have more than fifteen (15) members.
    SECTION 42. IC 12-19-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) The director of the division, in consultation with the director of the department of child services, shall appoint a county director in each county.
    (b) The director shall appoint each county director:
        (1) solely on the basis of merit; and
        (2) from eligible lists established by the state personnel department.

    (c) Each county director must be a citizen of the United States.
    SECTION 43. IC 12-19-1-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (a) The county director shall with the approval of the director of the division, appoint from eligible lists established by the state personnel department the number of assistants necessary to: do the following:
        (1) administer the welfare activities within the county that are administered by the division under IC 12-13 through IC 12-19 or by an administrative rule, with the approval of the director of the division; or
        (2) Perform all other duties of the county office. administer the child protection services and child welfare activities within the county that are the responsibility of the department under IC 12-13 through IC 12-19 and IC 31-33-1.5 or by an administrative rule, with the approval of the director of the department.
    (b) The:
         (1) division, for personnel performing activities described in subsection (a)(1);
        (2) department, for personnel performing activities described in subsection (a)(2); or
        (3) the division and the department jointly for personnel performing activities in both subsection (a)(1) and (a)(2);
shall determine the compensation of the assistants within the following:
        (1) The salary ranges of the pay plan adopted by the state personnel department and approved by the budget agency, with the advice of the budget committee,
        (2) and within lawfully established appropriations.
    SECTION 44. IC 12-19-1-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. (a) Except as provided in subsection (b), the division shall pay for the

costs of personal services in the administration of a county office's duties under this article if the employment is necessary for the administration of the county office's duties imposed upon the county office by this article and rules prescribed by the division or the department shall be paid by the following:
        (1) The division, for activities described in section 7(a)(1) of this chapter.
        (2) The department, for activities described in section 7(a)(2) of this chapter.
    (b) The division and the department shall negotiate and agree to the payment of personnel services within the administration of a county office for activities that qualify under both section 7(a)(1) and 7(a)(2) of this chapter.
    SECTION 45. IC 12-19-1-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10. (a) Subject to the rules adopted by the director of the division, a county office shall administer the following:
        (1) Assistance to dependent children in the homes of the dependent children.
        (2) Assistance and services to elderly persons.
        (3) Assistance to persons with disabilities.
        (4) Care and treatment of the following persons:
            (A) Children in need of services.
            (B) (A) Dependent children.
            (C) (B) Children with disabilities.
        (5) Licensing of foster family homes for the placement of children in need of services.
        (6) Supervision of the care and treatment of children in need of services in foster family homes.
        (7) Licensing of foster family homes for the placement of delinquent children.
        (8) Supervision of the care and treatment of delinquent children in foster family homes.
        (9) (5) Provision of family preservation services.
        (10) (6) Any other welfare activities that are delegated to

the county office by the division under this chapter, including services concerning assistance to the blind.
    SECTION 46. IC 12-19-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. The following are not personally liable, except to the state, for an official act done or omitted in connection with the performance of duties under this article:
        (1) The director of the division.
        (2) Officers and employees of the division.
        (3) Officers and employees of a county office.
         (4) The director of the department of child services.
         (5) Officers and employees of the department of child services.
    SECTION 47. IC 12-19-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. An officer or employee of:
         (1) the division; or of
         (2) a county office; or
         (3) the department of child services;
may administer oaths and affirmations required to carry out the purposes of this article or of any other statute imposing duties on the county office.
    SECTION 48. IC 12-19-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) In addition to the other method of welfare financing provided by this article, the county director department may appeal for the right to conduct a public hearing to determine whether to recommend to a county to borrow money under this chapter on a short term basis to fund:
        (1) child services under IC 12-19-7-1;
        (2) children's psychiatric residential treatment services under IC 12-19-7.5; or
        (3) other welfare services in the county payable from the family and children's fund or the children's psychiatric residential treatment services fund;
if the county director department determines that the family

and children's fund or the children's psychiatric residential treatment services fund will be exhausted before the end of a fiscal year.
    (b) In an appeal under this section, the county director the hearing, the department must present facts that show the following:
        (1) That the amount of money in the family and children's fund or the children's psychiatric residential treatment services fund will be insufficient to fund the appropriate services within the county under this article.
        (2) The amount of money that the county director department estimates will be needed to fund that deficit.
    (c) The county director shall immediately transmit an appeal under this section to the director.
    SECTION 49. IC 12-19-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. Upon receiving an appeal under section 1 of this chapter, The division department shall as soon as possible do the following:
        (1) Hold a public hearing to decide if the county should be allowed to borrow money.
        (2) Adopt Issue a resolution at that meeting recommendation supporting or rejecting the proposal to borrow money.
        (3) Transmit the resolution to the county director.
    SECTION 50. IC 12-19-5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) Upon receiving a resolution under section 2 of this chapter, If the county director shall submit the appeal and the division's resolution department makes a recommendation after a hearing to borrow money, the department shall submit a certified copy of the recommendation to the county fiscal body and the county auditor. Upon receiving the appeal and the resolution, department's certified recommendation, the:

         (1) county fiscal body shall as soon as possible determine whether or not to loan the requested amount to the county office. department; and
        (b) (2) if the county fiscal body votes to allow a loan to be made, the county auditor on behalf of the county office shall borrow the money from a financial institution.
    (c) (b) If the county fiscal body determines that the county office should not be allowed to borrow money, the county fiscal body shall inform the county director department of the county fiscal body's decision.
    SECTION 51. IC 12-19-5-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 9. The division department or a county fiscal body may not do the following:
        (1) Recommend or approve a request to borrow money made under this chapter unless the body determines that the family and children's fund or the children's psychiatric residential treatment services fund will be exhausted before the particular fund can fund all county obligations incurred under this article.
        (2) Recommend or approve a loan that will exceed the amount of the estimated deficit.
    SECTION 52. IC 12-19-5-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10. (a) If a county director: money was borrowed under IC 12-1-11.5 (before its repeal) or the department:
        (1) appeals makes a request before August 1 of a year for permission to borrow money under this chapter;
        (2) receives permission from the county fiscal body to borrow money before November 1 of the year; and
        (3) borrows money under IC 12-1-11.5 (before its repeal) or this chapter;
the county auditor shall levy a property tax beginning in the following year and continuing for the term of the loan.
    (b) The property tax levied under subsection (a) must be in

an amount each year that will be sufficient to pay the principal and interest due on the loan for the year.
    (c) The levy under this section shall be retained by the county treasurer and applied by the county auditor to retire the debt.
    SECTION 53. IC 12-19-5-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 11. (a) If a county director: the department:
        (1) appeals makes a request after August 1 of a year for permission to borrow money;
        (2) receives permission from the county fiscal body to borrow money; and
        (3) borrows money in the year of the appeal under IC 12-1-11.5 (before its repeal) or this chapter;
the county auditor shall levy a property tax beginning in the second year following the year of the appeal and continuing for the term of the loan.
    (b) The property tax levied under subsection (a) must be in an amount each year that will be sufficient to pay the principal and interest due on the loan for the year.
    (c) The levy under this section shall be retained by the county treasurer and applied by the county auditor to retire the debt.
    SECTION 54. IC 12-19-6-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) As used in this section, "indirect cost" means a cost that is not directly traceable to a particular activity undertaken in the administration of the following:
        (1) The federal Food Stamp program (7 U.S.C. 2011 et seq.).
        (2) The federal Aid to Families with Dependent Children program (42 U.S.C. 601 et seq.).
        (3) The federal Child Support Enforcement Act (42 U.S.C. 651 et seq.).
    (b) The division and the department shall pay to each county the money paid to the state as reimbursement for the indirect costs incurred by the county and the county office.

    SECTION 55. IC 12-19-7-1.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1.5. (a) The division of family and children resources may transfer any of the following to a county family and children's fund:
        (1) Money transferred under P.L.273-1999, SECTION 126, to the division from a county welfare fund on or after July 1, 2000, without regard to the county from which the money was transferred.
        (2) Money appropriated to the division or department for any of the following:
            (A) Assistance awarded by a county to a destitute child under IC 12-17-1.
            (B) Child welfare services as described in IC 12-17-3.
            (C) Any other services for which the expenses were paid from a county welfare fund before January 1, 2000.
    (b) Money transferred under subsection (a)(1) or (a)(2) must be used for purposes described in subsection (a)(2).
    SECTION 56. IC 12-19-7-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) A family and children's fund is established in each county. The fund shall be raised by a separate tax levy (the county family and children property tax levy) that:
        (1) is in addition to all other tax levies authorized; and
        (2) shall be levied annually by the county fiscal body on all taxable property in the county in the amount necessary to raise the part of the fund that the county must raise to pay the items, awards, claims, allowances, assistance, and other expenses set forth in the annual budget under section 6 of this chapter.
    (b) The tax imposed under this section shall be collected as other state and county ad valorem taxes are collected.
    (c) The following shall be paid into the county treasury and constitute the family and children's fund:
        (1) All receipts from the tax imposed under this section.
        (2) All grants-in-aid, whether received from the federal government or state government.
        (3) Any other money required by law to be placed in the fund.
    (d) The fund is available for the purpose of paying expenses and obligations set forth in the annual budget that is submitted and approved.
     (e) Money in the fund at the end of a budget year does not revert to the county general fund.
    SECTION 57. IC 12-19-7-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. (a) For taxes first due and payable in each year after 2003, 2005, each county shall impose a county family and children property tax levy equal to the product of:
        (1) the county family and children property tax levy imposed for taxes first due and payable in the preceding year, as that levy was determined by the department of local government finance in fixing the civil taxing unit's budget, levy, and rate for that preceding calendar year under IC 6-1.1-17 and after eliminating the effects of temporary excessive levy appeals and any other temporary adjustments made to the levy for the calendar year; multiplied by
        (2) the greater of:
            (A) the county's assessed value growth quotient for the ensuing calendar year, as determined under IC 6-1.1-18.5-2; or
            (B) one (1).
When a year in which a statewide general reassessment of real property first becomes effective is the year preceding the year that the property tax levy under this subsection will be first due and payable, the amount to be used in subdivision (2) equals the average of the amounts used in determining the two (2) most recent adjustments in the county's levy under this section. If the amount levied in a particular year exceeds the amount necessary to cover the costs payable from the fund, the levy in the following year shall be reduced by the amount of surplus money. necessary to pay the costs of the child services of the county for the next fiscal year.
    (b) The department of local government finance shall review each county's property tax levy under this section and shall enforce the requirements of this section with respect to that levy and comply with IC 6-1.1-17-3.
    SECTION 58. IC 12-19-7-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) The county director, department, upon the advice of the judges of the courts with juvenile jurisdiction in the county and after consulting with the division of family resources, shall annually compile and adopt a child services budget, which must be in a form prescribed by the state board of accounts. The budget may not exceed the levy limitation set forth in IC 6-1.1-18.6.
    (b) The budget must contain an estimate of the amount of money that will be needed by the county office department during the fiscal ensuing year to defray the expenses and obligations incurred by the county office department in the payment of services for children adjudicated to be children in need of services or delinquent children and other related services, but not including the payment of AFDC.
    SECTION 59. IC 12-19-7-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (a) The county director department shall, with the assistance of the judges of courts with juvenile jurisdiction in the county, after consulting with the division of family resources, and at the same time the budget is compiled and adopted, recommend to the division compute the tax levy that the director department and judges determine will be required to raise the amount of revenue necessary to pay the expenses and obligations of the county office department set forth in the budget under section 6 of this chapter. However, the tax levy may not exceed the maximum permissible levy set forth in IC 6-1.1-18.6 and the budget may not exceed the levy limitation set forth in IC 6-1.1-18.
    (b) After the county budget has been compiled, the county director shall submit a copy of the budget and the tax levy

recommended by the county director and the judges of courts with juvenile jurisdiction in the county to the division. The division shall examine the budget and the tax levy for the purpose of determining whether, in the judgment of the division:
        (1) the appropriations requested in the budget will be adequate to defray the expenses and obligations incurred by the county office in the payment of child services for the next fiscal year; and
        (2) the tax levy recommended will yield the amount of the appropriation set forth in the budget.
    SECTION 60. IC 12-19-7-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 9. The budget finally approved and the tax levy recommended by the division department shall be:
        (1) certified to the county office; auditor; and
        (2) filed for consideration by the county fiscal body; and
        (3) filed with the department of local government finance.
    SECTION 61. IC 12-19-7-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 11. In September of each year, at the time provided by law, the county fiscal body shall do the following:
        (1) Make the appropriations out of the family and children's fund that are:
            (A) based on the budget as submitted; and
            (B) necessary to maintain pay the child services of the county for the next fiscal year. subject to the maximum levy set forth in IC 6-1.1-1