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Legislative Update

Termination of parental rights

May 30, 2023 Filed Under: Juvenile

S.E.A. 345, P.L. 45

Effective: July 1, 2023

  • Defines “safe haven infant”.
  • Provides that a licensed child placing agency may not take certain actions against an individual based upon the individual’s immunization status.
  • Allows the emergency medical services provider to notify either the Department of Child Services (DCS) or a licensed child placing agency to take custody of a safe haven infant.
  • Requires the DCS and a licensed child placing agency to contact certain agencies to determine if the safe haven infant has been reported missing.
  • Provides that a safe haven infant is presumed eligible for Medicaid.
  • Establishes procedures for termination of parent-child relationship involving a safe haven infant.
  • Requires the DCS’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 adoptive parent.
  • 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.
  • Requires that a putative parent notice be published once a week for three consecutive weeks in the print or electronic edition of a newspaper of general circulation where the safe haven infant was voluntarily surrendered and each contiguous county and provides specific language for the notice.
  • Requires an affidavit of publication of the putative parent notice to be filed in the clerk’s office.
  • Prohibits the court from inquiring about the reason for the parents’ absence.
  • Provides that a prospective adoptive family may only be charged certain costs by the licensed child placement agency.

Read the bill at: https://iga.in.gov/legislative/2023/bills/senate/345 

Filed Under: Juvenile Tagged With: safe haven, termination of parental rights

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