Rep. Ryan Lauer

Provides that certain eligible applicants for higher education cost exemptions are entitled to receive instruction in a state educational institution without the payment of any educational costs. Repeals a provision concerning certain disability ratings, as determined by the United States Department of Veterans Affairs, and educational cost exemptions.

Defines "certified medical examiner". Provides that, unless there is a conflict with federal law or the orders, standards, or regulations of the Federal Motor Carrier Safety Administration (FMCSA), a licensed physical therapist may perform an examination (exam) for an applicant for an initial or a renewal commercial driver's license or commercial learner's permit that is within the physical therapist's scope of practice. Provides that a physical therapist who performs an exam is subject to the requirements of the FMCSA for a certified medical examiner.

Adds Elwood Community School Corporation, Anderson Community Schools, Clark-Pleasant Community School Corporation, Center Grove Community School Corporation, Greenwood Community School Corporation, and Bartholomew Consolidated School Corporation to the school corporations that are part of the high school equivalency pilot program. Changes the expiration date of the program from June 30, 2024, to June 30, 2026. Makes conforming changes and a technical correction.

Provides that if the department of child services (department) takes a child into custody, the department may not release the child to the child's parent, guardian, or custodian if: (1) the parent, guardian, or custodian, or a household member of the parent, guardian, or custodian, is the subject of a substantiated allegation of abuse of a child; and (2) the child expresses a desire to not be released to the parent, guardian, or custodian; and may not allow the parent, guardian, or custodian to have contact with the child until: (A) the child consents to contact with the parent, guardian, or custodian; or (B) the child's child in need of services case is closed; whichever occurs first. Provides that if a dispositional decree requires a child's parent, guardian, or custodian to participate in a program of care, treatment, or rehabilitation and the court finds that the parent, guardian, or custodian has failed to make consistent and timely progress toward the goals set forth in the dispositional decree, the department: (1) may not return the child to the home of the parent, guardian, or custodian; and (2) may not allow the parent, guardian, or custodian in person contact with the child unless the contact is approved as being in the child's best interest by: (A) a court appointed special advocate or guardian ad litem; and (B) a licensed marriage and family therapist, if one has been appointed for the child; until the court finds that the parent, guardian, or custodian is making consistent and timely progress toward the goals set forth in the dispositional decree. Provides that if, in a 12 month periodic case review for a child in need of services, the court finds that the child's parent, guardian, or custodian has failed to make consistent and timely progress in any service that was ordered by the court and that was made available to the parent, guardian, or custodian by the department, the court shall order: (1) that the permanency plan for the child be changed to a concurrent plan in which at least one intended permanency arrangement is not reunification; or (2) that the intended permanency arrangement for the child be changed to placement of the child for adoption. Provides: (1) that in a 15 month periodic case review for a child in need of services, the court shall order: (A) that the permanency plan for the child be changed to a concurrent plan in which at least one intended permanency arrangement is not reunification; or (B) that the intended permanency arrangement for the child be changed to placement of the child for adoption; and (2) that thereafter, the intended permanency arrangement for the child may not be changed to solely reunification. Amends and adds to the conditions under which reasonable efforts to reunify a child with the child's parent, guardian, or custodian, or preserve a child's family, are not required. Provides that: (1) if a parent, guardian, or custodian of a child in need of services is involuntarily discharged three or more times from a program or service in which the parent, guardian, or custodian is required to participate under the child's dispositional decree, the court may order the parent, guardian, or custodian to pay the cost of subsequent participation in the program or service; and (2) if the dispositional decree requires the parent, guardian, or custodian to submit to drug testing and the parent, guardian, or custodian: (A) tests positive for a controlled substance; or (B) fails to submit to a required drug test; three or more times, the court may order the parent, guardian, or custodian to pay the cost of any subsequent drug testing required under the dispositional decree. Establishes conditions under which a parent's consent to termination of the parent's parent-child relationship with respect to a child is implied without further action of the court, and provides that the parent's implied consent is a factor weighing in favor of terminating the parent's relationship with the child. Provides that a court finding that a parent has failed to make consistent and timely progress in any service that was ordered by the court in a dispositional decree and that was made available to the parent by the department is a factor weighing in favor of terminating the parent's relationship with the child. Requires termination of the parent-child relationship with regard to a child who is: (1) taken into custody; and (2) adjudicated a child in need of services; on two separate occasions in a two year period. Provides, for purposes of a petition to terminate the parent-child relationship, that: (1) the court finding that there is a satisfactory plan for the care and treatment of the child, and that the plan is in the child's best interests, is a factor weighing in favor of terminating the parent-child relationship; and (2) if the intended permanency arrangement for the child is placement of the child for adoption, a specific adoptive home need not have been identified in order for the plan to be satisfactory or in the child's best interests.

Provides that the department of child services may not classify a report of child abuse or neglect as substantiated, and a child may not be removed from the child's parent, guardian, or custodian, solely on the basis of the 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.

Requires the department of child services to obtain a court order to interview a child at the child's school without notice to the child's parent or guardian. Specifies the findings that a court must make to issue such an order.

Eliminates local income tax councils beginning July 1, 2024, and instead provides that the county fiscal body is the adopting body in all counties for purposes of the LIT.

Provides that the department of child services (department) shall disclose to the public certain information regarding child fatalities or near fatalities. Provides that, upon request, the department shall provide additional information regarding cases of child fatalities or near fatalities after consulting with the county attorney about the potential for specific, material harm to a criminal investigation or prosecution. Allows a person to bring a cause of action to seek judicial review of the department's decision not to disclose additional information. Makes technical and conforming changes.

Requires the department of child services to prepare a report containing certain information for all cases in which a parent, guardian, or custodian has been ordered to participate in the plan of care for a child.

Provides that a juvenile court in a child in need of services (CHINS) proceeding: (1) may extend the time to complete the required factfinding hearing: (A) for good cause shown; and (B) if the court determines that the extension is in the child's best interests; (2) may (rather than shall, under current law) dismiss a CHINS case without prejudice if the factfinding hearing is not held before the statutorily required deadline; (3) may not enter a dispositional decree approving or ordering placement of a child in another home if an: (A) individual who resides in the home; or (B) individual with whom a person residing in the home is engaged in a dating relationship or other ongoing, nonfamilial relationship (household member); has committed one or more specified offenses; and (4) may not approve a permanency plan under which the child would be placed: (A) with the child's parent, guardian, or custodian; or (B) with an adoptive parent; if a person who is currently residing in the home in which the child would reside has committed an act resulting in a substantiated report of child abuse or neglect or has committed one or more specified offenses. Provides that before reunifying a child with the child's parent, guardian, or custodian, the department of child services (department) shall (rather than may, under current law): (1) conduct a criminal history check of: (A) the parent, guardian, or custodian; and (B) a household member of the parent, guardian, or custodian; and (2) consider the results of the criminal history check in deciding whether it is safe for the child to return home. Provides that if the circumstances that prompted the removal of a child from the home of the child's parent, guardian, or custodian included danger to the child's physical or mental health or safety related to the use of alcohol or a controlled substance by the parent, guardian, or custodian, or by a household member of the parent, guardian, or custodian, the department may require as a condition of reunification of the child with the parent, guardian, or custodian that the parent, guardian, custodian, or household member: (1) successfully complete a substance abuse treatment program; and (2) submit to periodic, random testing for alcohol or controlled substances. Amends and adds to the conditions under which reasonable efforts to reunify a child with the child's parent, guardian, or custodian, or preserve a child's family, are not required. Provides that if a hearing regarding a petition to terminate the parent-child relationship is not held before the statutorily required deadline: (1) upon filing of a motion with the court by a party to the proceeding; and (2) absent good cause shown for the failure to hold the hearing before the statutorily required deadline; the court shall dismiss the petition without prejudice.