Rep. Dale DeVon

A CONCURRENT RESOLUTION memorializing Congresswoman Jackie Walorski.

Provides that the state of Indiana, a political subdivision or other governmental entity of the state of Indiana, a government official, or any other person acting under the color of law shall not infringe on the fundamental right of a parent to direct the upbringing, education, health care, and mental health of the parent's child without demonstrating that the infringement: (1) is required by a compelling governmental interest of the highest order as long recognized in the history and traditions of the state of Indiana; and (2) as applied to the child, is narrowly tailored and not otherwise served by a less restrictive means. Creates a right of action for violation of a parent's rights with respect to the upbringing, education, and health care of the parent's child. Provides that a child is not a child in need of services due to the child's parent, guardian, or custodian: (1) referring to and raising the child consistent with the child's biological sex; or (2) declining to consent to the child receiving: (A) specified medication; (B) a medical procedure the purpose of which is to alter the apparent gender or sex of the child or affirm the child's perception of the child's gender or sex in a manner inconsistent with the child's biological sex; or (C) counseling or other mental health services the purpose of which is to affirm the child's perception of the child's gender or sex if the child's perception is inconsistent with the child's biological sex. Provides that if the juvenile court finds that a child is a child in need of services because the child substantially endangers the child's own or another's health, the court shall release the child to the child's parent, guardian, or custodian and may not enter a dispositional decree ordering removal of the child, unless: (1) the court also finds that the child is a child in need of services for another reason; or (2) the parent, guardian, or custodian consents to the child being removed from the child's home. Specifies that the parental rights and responsibilities do not: (1) authorize a parent to: (A) abuse or neglect a child; or (B) make the decision to end the child's life; or (2) prohibit a court from issuing an order that is otherwise permitted by law. Makes conforming changes.

Provides Medicaid eligibility for certain individuals who have immigrated and are lawfully residing in the United States and meet other Medicaid eligibility requirements. Specifies eligibility for the children's health insurance program (CHIP) for lawfully residing individuals who are less than 19 years of age. Provides that an agency or political subdivision is not required to verify citizenship or immigration status of an individual for purposes of the individual's eligibility for benefits under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966, including the special supplemental food program for women, infants, and children.

Provides that if an NPDES permit holder has submitted an approved long term control plan for its combined sewers, water samples used to assess the permit holder's compliance with water quality standards and water quality based effluent limitations for discharges from combined sewer overflows must not be collected: (1) within 96 hours after a combined sewer overflow discharge that is consistent with the approved long term control plan; or (2) during or following excessive precipitation conditions. Requires the environmental rules board to adopt rules, including emergency rules, to implement the limitation on water samples used to assess a permit holder's compliance.

Establishes a tax credit (credit) for a contribution to an affordable housing organization (organization). Requires the Indiana economic development corporation to approve each organization applicant as an organization for which a taxpayer is eligible to claim a credit for a contribution. Provides that the amount of the credit is equal to 50% of the amount of the contribution that is not more than $20,000 made to the organization. Provides that the credit may be carried forward for five years following the unused credit year. Provides (subject to certain conditions) that the total amount of tax credits awarded may not exceed $100,000 in each state fiscal year. Requires the department of state revenue (department) to post certain information about the credit on a website used by the department to provide information to the public. Allows the department to adopt rules to implement the credit.

Provides that the commission for higher education may administer a program to support JobSource, Inc., for the management of the Heartland/Anderson Scholar House. Provides that the purposes of the program include: (1) the expansion of program participant services; (2) residential and other support facility improvements and a one time debt reduction of $250,000; (3) outreach to impoverished single mothers in minority communities; and (4) the provision of a scholarship gap fund for graduates staying in Indiana. Provides that administration costs incurred in the management of the Heartland/Anderson Scholar House may not exceed two percent 2% of the total program costs

Amends the Indiana Code chapter concerning damage to underground utility facilities as follows: (1) Defines the term "communications service provider". (2) Specifies that an "operator" for purposes of the chapter includes: (A) a communications service provider; or (B) any other person; who owns or operates an underground facility, regardless of whether the communications service provider or person is considered a public utility for purposes of the Indiana Code title concerning utilities or of any other law, and regardless of whether the communications service provider or person is subject to the jurisdiction of the Indiana utility regulatory commission. (3) Specifies that a communications service provider that violates a provision of the chapter is subject to: (A) liability in a civil action brought by another operator; and (B) the penalties set forth in the chapter for the violation, as applicable.

Provides that at-risk students who are receiving certain educational services are not counted against a school's four year graduation rate.

Provides that if an individual executes a paternity affidavit, an order establishing child support for the child named in the paternity affidavit may be obtained at a child support hearing without any further proceedings to establish the child's paternity. Amends provisions regarding child support orders to allow for the approval of additional child support payment locations by the state of Indiana. Provides that an action to enforce a child support obligation with regard to a child who is incapacitated before the child becomes 19 years of age must be commenced not later than 10 years after the date on which the child's incapacity ceases. Allows a criminal action for nonsupport of a dependent child to be held: (1) in the county in which the child resides; or (2) if the action is brought to enforce a child support order, in the county in which the child support order was entered.

Establishes the commission on improving the status of children fund to support the staffing and operations of the commission. Provides that the fund consists of funds appropriated, grants, and donations. Provides that the fund is nonreverting. Allows the treasurer to invest money in the fund not being used in the same manner as other public funds are invested. Appropriates $350,000 annually to the fund.