First Regular Session 116th General Assembly (2009)


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    HOUSE ENROLLED ACT No. 1063



     AN ACT to amend the Indiana Code concerning juvenile law and civil procedure.

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

SOURCE: IC 31-36-3-2; (09)HE1063.1.1. -->
    SECTION 1. IC 31-36-3-2, AS ADDED BY P.L.133-2008, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. An emergency shelter, a shelter care facility, or a program that provides services or items that are directly related to providing shelter to individuals who:
        (1) are homeless; or
        (2) have a low income;

A child may receive provide shelter and services or items that are directly related to providing shelter to the a child from:
        (1) an emergency shelter;
        (2) a shelter care facility; or
        (3) a program that provides services or items that are directly related to providing shelter to individuals who are homeless or have a low income;
without the notification, consent, or permission of the child's parent, guardian, or custodian.
SOURCE: IC 34-30-25; (09)HE1063.1.2. -->     SECTION 2. IC 34-30-25 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 25. Immunity for Youth Shelters
    Sec. 1. As used in this chapter, "necessary services" means the

following:
        (1) Engaging in outreach services to locate and assist runaway or homeless youths.
        (2) Providing food and access to overnight shelter to a runaway or homeless youth.
        (3) Counseling a runaway or homeless youth to address immediate psychological or emotional problems.
        (4) Screening a runaway or homeless youth for basic health needs and referring a runaway or homeless youth to public and private agencies for health care.
        (5) Providing long term planning, placement, and follow-up services to a runaway or homeless youth.
        (6) Referring a runaway or homeless youth to any other assistance or services offered by public and private agencies.
    Sec. 2. As used in this chapter, "runaway or homeless youth" means an individual who:
        (1) is:
            (A) at least twelve (12) years of age; and
            (B) less than eighteen (18) years of age;
        (2) is unemancipated;
        (3) is mentally competent; and
        (4) lives in a situation described in:
            (A) 42 U.S.C. 11434a(2)(B)(ii); or
            (B) 42 U.S.C. 11434a(2)(B)(iii);
        with or without the consent or knowledge of the individual's parent, guardian, or custodian.
    Sec. 3. As used in this chapter, "youth shelter" means an entity that:
        (1) is not operated for profit; and
        (2) provides, at a minimum, necessary services to runaway or homeless youths.
    Sec. 4. Except as provided in section 5 of this chapter, a youth shelter and the director, employees, agents, and volunteers of a youth shelter are immune from civil liability resulting from any act or omission related to:
        (1) admitting a runaway or homeless youth to;
        (2) caring for a runaway or homeless youth at; or
        (3) releasing a runaway or homeless youth from;
the youth shelter.
    Sec. 5. This chapter does not grant immunity from civil liability to a person who commits an act that amounts to gross negligence or willful and wanton misconduct.


HEA 1063 _ Concur

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