On February 1, 2023, the Senate Judiciary Committee heard SB 345 on termination of parental rights authored by Sen. Holdman and Sen. Brown. The bill:
- Defines “safe haven infant”.
- Allows the emergency medical services provider to notify either the department of child services (department) or a licensed child placing agency to take custody of a safe haven infant.
- Provides distinct procedures for termination of parent-child relationship involving a safe haven infant.
- Requires the department’s attorney or a licensed child placing agency to file a petition to terminate the parent-child relationship not later than 15 days after taking custody of the safe haven infant.
- Requires a licensed child placing agency to place the safe haven infant with a preapproved foster care provider.
- Provides that both parents’ consent to termination of the parent-child relationship is irrevocably implied without further court action if, after at least 28 days, neither parent petitioned the court for custody.
- Provides that notice is not required for safe haven infants. Prohibits the court from inquiring about the reason for the parents’ absence.
- Adds safe haven infants to the list of exceptions to required preservation and reunification efforts.
Adoptions of Indiana, Safe Haven Baby Boxes, Carmel Fire Department, a foster parent, and the Indiana Association of Resources and Child Advocacy testified in support of the bill. The Indiana Judges Association testified but remained neutral. The bill was held for amend and vote.
On February 15, 2023, the bill was amended by consent to:
- Amend the definition of safe haven infant to include a child who is left with an emergency medical services provider.
- Require the department of child services and a licensed child placing agency to contact the National Center for Missing and Exploited Children within 48 hours and 15 days after taking custody of a safe haven infant.
- Presume that a safe haven infant is eligible for Medicaid.
- Require a putative parent to undergo a DNA test before a court may order visitation or custody of a safe haven infant for a biological parent.
- Limit the fee that a licensed child placing agency may charge a prospective adoptive family to the costs directly incurred by the agency for the placement of the safe haven infant with the family and adoption court proceedings.
The amended bill passed 10-0.
Read the bill at: https://iga.in.gov/legislative/2023/bills/senate/345