Introduced Version
HOUSE BILL No. 1042
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 2-5-36; P.L.48-2012, SECTION 77.
Synopsis: Committee on child services oversight. Establishes the
committee on child services oversight to oversee the delivery of child
services in Indiana. Specifies that the committee exists until January 1,
2019. Repeals the law establishing the department of child services
interim study committee. (The introduced version of this bill was
prepared by the department of child services interim study committee.)
Effective: July 1, 2013.
Kubacki, Mahan, Riecken,
Summers Summers
January 7, 2013, read first time and referred to Committee on Family, Children and Human
Affairs.
Introduced
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1042
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 2-5-36; (13)IN1042.1.1. -->
SECTION 1. IC 2-5-36 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]:
Chapter 36. Committee on Child Services Oversight
Sec. 1. As used in this chapter, "child in need of services" means
a child described in IC 31-34-1.
Sec. 2. As used in this chapter, "committee" refers to the
committee on child services oversight established by section 4 of
this chapter.
Sec. 3. As used in this chapter, "department" refers to the
department of child services established by IC 31-25-1-1.
Sec. 4. The committee on child services oversight is established.
Sec. 5. The committee consists of eleven (11) voting members
appointed as follows:
(1) Two (2) members of the senate appointed by the president
pro tempore, not more than one (1) of whom may be from the
same political party.
(2) Two (2) members of the house of representatives
appointed by the speaker, not more than one (1) of whom may
be from the same political party.
(3) The director of the department or the director's designee.
(4) The director of the division of mental health and addiction
or the director's designee.
(5) The executive director of the prosecuting attorneys council
or the executive director's designee.
(6) The executive director of the public defenders council of
Indiana or the executive director's designee.
(7) A provider to the department of foster care, residential, or
group home services, appointed by the president pro tempore.
(8) One (1) juvenile or family court judge, appointed by the
speaker upon the recommendation of the chief justice of the
supreme court.
(9) One (1) individual representing kindergarten through
grade 12 education, appointed by the:
(A) president pro tempore during even-numbered years;
and
(B) speaker during odd-numbered years;
upon the recommendation of the superintendent of public
instruction.
Sec. 6. A vacancy on the committee shall be filled by the
appointing authority.
Sec. 7. (a) The president pro tempore shall appoint a member of
the committee described in section 5(1) of this chapter to serve as
chairperson of the committee from January 1 through December
31 of odd-numbered years.
(b) The speaker shall appoint a member of the committee
described in section 5(2) of this chapter to serve as chairperson of
the committee from January 1 through December 31 of
even-numbered years.
Sec. 8. The committee shall do the following:
(1) Review monthly reports from the department, as
determined by the committee and including outcome reports.
(2) Review annual reports from the office of department of
child services ombudsman established by IC 4-13-19-3, as
determined by the committee and including outcome reports.
(3) Determine whether any contractor with the department
has properly performed the terms of the contractor's
contract.
(4) Study and make legislative and administrative
recommendations to improve the delivery of child services in
Indiana, including the following:
(A) Juvenile court commitment of juveniles to mental
health facilities.
(B) Restoration of IC 31-34-1-6 filing authority to
prosecuting attorneys.
(C) Specification of a new category under IC 31-34-1 for
at-risk children for which the following may apply:
(i) Ability for prosecuting attorneys to file and pursue a
case.
(ii) Probation personnel may enter information under
Title IV-E of the federal Social Security Act (42 U.S.C.
671 et seq.) and use department funds to provide
necessary services.
(iii) Courts, the department, and probation personnel
may supervise the children.
(D) Specification of a new category under IC 31-34-1 for
status offender children.
(E) Consideration of methods of delivering department
services to children without labeling the children as
delinquent children.
(F) Composition and duties of regional service councils.
(G) Funding for tangible resources needed to keep children
with their families on an emergency basis.
(H) Consolidation of all bodies in existence on July 1, 2013,
that address child welfare issues into one (1) committee
with working subcommittees.
(I) Call center staffing, turnover, morale, cross training,
and other issues.
(J) Ongoing training of local child protection teams.
(K) Sufficiency and timeliness of service provider payment,
availability of services, use of regional service councils,
coordination of public and private services, and
availability and use of outcome data.
(L) An independent audit of the department's operations.
(M) Follow-up care for children after resolution of the
department's case.
(N) Follow-up care for children about whom a report of
suspected abuse or neglect is received but not substantiated
and who are in need of services, regardless of the absence
of substantiation.
(O) An independent assessment of the history and current
number of service providers and services offered on behalf
of the department in each county in Indiana.
(5) Study and make recommendations concerning any other
matter related to the department.
Sec. 9. The committee shall meet at least quarterly and at the
call of the chairperson.
Sec. 10. (a) Except as provided in subsection (b), the committee
shall operate under the policies governing study committees
adopted by the legislative council.
(b) The committee may meet at any time during the calendar
year.
Sec. 11. This chapter expires January 1, 2019.
SOURCE: ; (13)IN1042.1.2. -->
SECTION 2. P.L.48-2012, SECTION 77, IS REPEALED
[EFFECTIVE JULY 1, 2013].
SECTION 77. (a) As used in this
SECTION, "committee" refers to the department of child services
interim study committee, as established by subsection (b).
(b) There is established the department of child services interim
study committee. The committee shall do the following:
(1) Review and study the progress and improvements made by the
department of child services since its creation in 2005.
(2) Review best practices concerning child welfare, child mental
health, and delinquent children.
(3) Receive and review status reports from the department of
child services ombudsman.
(4) Review and study the department of child services child abuse
and neglect hotline, including the process used to refer a report to
a local office.
(5) Make legislative recommendations concerning the department
of child services.
(c) The committee shall operate under the policies governing study
committees adopted by the legislative council.
(d) The committee consists of the following members:
(1) Four (4) senators appointed by the president pro tempore of
the senate in consultation with the minority leader of the senate,
not more than two (2) of whom may be members of the same
political party.
(2) Four (4) representatives appointed by the speaker of the house
of representatives in consultation with the minority leader of the
house of representatives, not more than two (2) of whom may be
members of the same political party.
(3) The director of the department of child services or the
director's designee, who shall serve as a nonvoting member.
(4) The director of the division of mental health and addiction or
the director's designee, who shall serve as a nonvoting member.
(5) The executive director of the prosecuting attorneys council or
the executive director's designee, who shall serve as a nonvoting
member.
(6) The executive director of the public defenders council or the
executive director's designee, who shall serve as a nonvoting
member.
(7) A provider of foster care services to the department of child
services, who shall serve as a nonvoting member, appointed by
the president pro tempore of the senate.
(8) A provider of residential or group home services to the
department of child services, who shall serve as a nonvoting
member, appointed by the speaker of the house of representatives.
(9) One (1) juvenile or family court judge, who shall serve as a
nonvoting member, appointed by the president pro tempore of the
senate.
(10) One (1) juvenile or family court judge, who shall serve as a
nonvoting member, appointed by the speaker of the house of
representatives.
(e) The affirmative votes of a majority of the voting members of the
committee are required for the committee to take action on any
measure, including final reports.
(f) This SECTION expires December 31, 2013.