Bill Text: IN SB0125 | 2013 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Child fatality reviews and commission on children.

Spectrum: Slight Partisan Bill (Republican 8-5)

Status: (Passed) 2013-05-13 - Public Law 119 [SB0125 Detail]

Download: Indiana-2013-SB0125-Amended.html


Reprinted

February 13, 2013





SENATE BILL No. 125

_____


DIGEST OF SB 125 (Updated February 12, 2013 2:24 pm - DI 106)



Citations Affected: IC 2-5; noncode.

Synopsis: Commission on improving the status of children. Establishes the commission on improving the status of children in Indiana to: (1) study issues concerning vulnerable youth; (2) review legislation; (3) cooperate with other entities; and (4) take other actions relating to children. 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.





Holdman, Broden , Lanane, Zakas, Steele, Head, Glick, Eckerty, Randolph, Hume, Miller Patricia, Charbonneau, Stoops




    January 7, 2013, read first time and referred to Committee on Judiciary.
    January 31, 2013, amended, reported favorably _ Do Pass.
    February 12, 2013, read second time, amended, ordered engrossed.





Reprinted

February 13, 2013

First Regular Session 118th General Assembly (2013)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.

SENATE BILL No. 125



    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)SB0125.2.1. -->     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. Commission on Improving the Status of Children in Indiana
    Sec. 1. The following definitions apply throughout this chapter:
        (1) "Commission" refers to the commission on improving the status of children in Indiana established by section 3 of this chapter.
        (2) "Vulnerable youth" means a child served by:
            (A) the department of child services;
            (B) the office of the secretary of family and social services;
            (C) the department of correction; or
            (D) a juvenile probation department.
    Sec. 2. As used in this chapter, "state agency" has the meaning set forth in IC 4-6-3-1.
    Sec. 3. The commission on improving the status of children in

Indiana is established.
    Sec. 4. The commission consists of seventeen (17) members as follows:
        (1) One (1) legislative member appointed by the speaker of the house of representatives.
        (2) One (1) legislative member appointed by the minority leader of the house of representatives.
        (3) One (1) legislative member appointed by the president pro tempore of the senate.
        (4) One (1) legislative member appointed by the minority leader of the senate.
        (5) The superintendent of public instruction or the superintendent's designee.
        (6) The commissioner of the department of child services or the commissioner's designee.
        (7) One (1) judge or justice with experience in juvenile law appointed by the chief justice of Indiana to serve on the commission for a period of four (4) years.
        (8) The executive director of the prosecuting attorneys council of Indiana or the executive director's designee.
        (9) The executive director of the public defender council of Indiana or the executive director's designee.
        (10) The secretary of family and social services or the secretary's designee.
        (11) The state health commissioner or the state health commissioner's designee.
        (12) The commissioner of the department of correction or the commissioner's designee.
        (13) One (1) representative of the juvenile probation system, appointed by the chief justice of Indiana for a period of four (4) years.
        (14) The director of the office of management and budget, or the director of the state budget agency, as selected by the governor.
        (15) A member of the governor's staff, to be appointed by the governor.
        (16) The executive director of the division of state court administration or the executive director's designee.
        (17) A provider to the department of child services of foster care, residential, or group home services, appointed by the governor.
    Sec. 5. (a) The judge or justice appointed under section 4(7) of

this chapter shall serve as the chairperson of the commission in calendar year 2013 and every third year thereafter.
    (b) The chairperson of the legislative council shall designate one (1) legislative member of the commission to serve as the chairperson of the commission in calendar year 2014 and every third year thereafter.
    (c) The member of the governor's staff appointed under section 4(15) of this chapter shall serve as the chairperson of the commission in calendar year 2015 and every third year thereafter.
    (d) The chairperson shall determine the agenda for the commission.
    Sec. 6. (a) A legislative member of the commission may be removed at any time by the appointing authority who appointed the legislative member.
    (b) If a vacancy exists on the commission, the appointing authority who appointed the former member whose position has become vacant shall appoint an individual to fill the vacancy.
    Sec. 7. Each member of the commission is entitled to receive the same per diem, mileage, and travel allowances paid to individuals who serve as legislative and lay members, respectively, of interim study committees established by the legislative council.
    Sec. 8. The affirmative votes of a majority of the members appointed to the commission are required for the commission to take action on any measure, including final reports.
    Sec. 9. The commission shall do the following:
        (1) Study and evaluate the following:
            (A) Access to services for vulnerable youth.
            (B) Availability of services for vulnerable youth.
            (C) Duplication of services for vulnerable youth.
            (D) Funding of services available for vulnerable youth.
            (E) Barriers to service for vulnerable youth.
            (F) Communication and cooperation by agencies concerning vulnerable youth.
            (G) Implementation of programs or laws concerning vulnerable youth.
            (H) The consolidation of existing entities that serve vulnerable youth.
            (I) Data from state agencies relevant to evaluating progress, targeting efforts, and demonstrating outcomes.
        (2) Review and make recommendations concerning pending legislation.
        (3) Promote information sharing concerning vulnerable youth

across the state.
        (4) Promote best practices, policies, and programs.
        (5) Cooperate with:
            (A) other child focused commissions;
            (B) the judicial branch of government;
            (C) the executive branch of government;
            (D) stakeholders; and
            (E) members of the community.
        (6) Submit a report by July 1 of each year regarding the commission's work during the previous year. The report shall be submitted to the legislative council, the governor, and the chief justice of Indiana. The report to the legislative council must be in an electronic format under IC 5-14-6.
    Sec. 10. The commission may do the following:
        (1) Request information or a presentation from an agency involved with vulnerable youth.
        (2) Request and review outcome data from an agency related to vulnerable youth.
        (3) Receive information from experts concerning vulnerable youth.
    Sec. 11. The Indiana judicial center shall provide support staff for the commission
.

SOURCE: ; (13)SB0125.2.2. -->     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.

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