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Monday, April 06, 2009

Ind. Courts - Judicial Center's Legislative Update #12

April 15th is the last day for 3rd reading of bills in the opposite house (meaning that there are only two more weeks, starting tomorrow, for committee meetings), and the last day for adoption of conference committee reports without Rules Committee approval. April 29th is the last day for adjournment.

Here are the bills of interest to the Judicial Center heard this week in committee. Among the reports:

HB 1602 creating a Department of Child Services (DCS) Ombudsman was heard by the Senate Judiciary Committee. A nine page amendment rewriting the bill was introduced which (1) permits the governor to appoint the ombudsman, who reports to the commissioner of the Department of Administration; (2) requires the ombudsman to be an attorney or a social worker with a master’s degree; (3) permits the DCS Ombudsman to receive, investigate and attempt to resolve a complaint against DCS, occurring on or after January 11, 2005, alleging that DCS failed to follow a specific law, rule or DCS written policy and therefore failed to protect the health or safety of any child; (4) permits the DCS Ombudsman to examine policies and procedures and evaluate effectiveness of the child protection system, including the roles of DCS, the court, the medical community, service providers, GAL/CASA and law enforcement; (5) utilizes the local child protection team to assist the ombudsman; (6) prohibits the ombudsman from investigating a complaint from a DCS employee about DCS employment, or a matter pending in administrative review at DCS; (7) gives immunity to a state or local government entity that gives records to ombudsman unless the release or disclosure is gross negligence or wanton misconduct; (8) requires the ombudsman to prepare an annual report for distribution to the governor, legislative council, department of administration, the DCS and placed on the Internet; (9) provides that interference with the duties of the ombudsman is a Class A misdemeanor; and (10) provides the juvenile court and DCS shall provide access to all records of the DCS and juvenile court, excluding adoption records and immediate access without prior notice to a facility in which the child is placed or is receiving services funded by DCS. Another amendment accepted by the Committee from the Hoosier Press Association made only records in an individual case investigated by the ombudsman confidential, but permits public access to the records of the ombudsman generally. After adopting both these amendments, the bill passed 9-0 and was recommitted to the Senate Appropriations Committee.

The Indianapolis Star has this editorial today on HB 1602, headed "Families lose with weakened bill."

Posted by Marcia Oddi on April 6, 2009 10:14 AM
Posted to Indiana Courts