The Senate Family & Children Services heard HB 1570 on family and juvenile law matters sponsored by Sen. Kyle Walker, Sen, Greg Walker, and Sen. Jon Ford, and authored by Rep. Olthoff. This bill provides:
- A foster parent is immune from civil and criminal liability for releasing or disclosing confidential information to a duly elected state government official for whom the information is relevant to the official’s responsibility under the law to protect children from child abuse and neglect (elected official), a confidentiality agreement entered into between a foster parent and the Department of Child Services (DCS) may not prohibit the foster parent from releasing or disclosing information to an elected official; an individual’s release or disclosure of information to an elected official is not a breach of the individual’s duty under any agreement entered into by the individual in connection with the individual’s role as a foster parent.
- DCS may not take adverse action against a foster parent’s license or remove a foster child from the home of a foster parent; solely on the basis of the foster parent having spoken to an elected official.
- DCS must provide a licensed foster parent with an information packet describing the foster parent’s rights and the grievance filing process and a complete copy of DCS’s policy manual.
- DCS may not remove a foster child from the home of a foster parent, unlicensed caregiver, or de facto custodian solely on the basis of the foster parent, unlicensed caregiver, or de facto custodian having filed a petition to adopt the child.
- Allows a child’s adoptive parent to request that DCS allow the child visitation with the child’s sibling.
- DCS must provide notice of their decision regarding a request for sibling visitation not later than seven business days after the department receives the request.
- If a child is the subject of a petition alleging that the child is a child in need of services and a parent of the child has been convicted of committing one or more specified offenses against the child, there is a rebuttable presumption that it is in the child’s best interests to prohibit the parent from having in-person contact with the child until a dispositional decree is entered or the petition is dismissed.
- If a hearing regarding a petition to terminate the parent-child relationship is not held before the statutorily required deadline, the court shall dismiss the petition without prejudice upon filing of a motion with the court by a party to the proceeding and absent good cause shown for the failure to hold the hearing before the statutorily required deadline.
At the meeting on March 13, 2023, Champions for Children testified in favor of the bill. The Indiana Public Defender Council testified against the bill. DCS testified regarding concerns about the sharing of confidential information. The bill was held for amendments.
On March 27, 2023, the bill was amended to remove the provision of civil and criminal immunity with regard to foster parent’s release or disclosure of confidential information to elected government officials. The amendment also clarifies what information is prohibited from being shared. The amended bill passed 7-0.
Read the bill at: https://iga.in.gov/legislative/2023/bills/house/1570