Text of IN HB 585 (2005)

C o p y 2005 IN 585—LS 6512/DI 110+ Introduced Version SENATE BILL No. 585 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 12-17.4-4; IC 31-19-2. Synopsis: Homosexuals as foster or adoptive parents. Prohibits a homosexual from being a foster parent or adopting. Effective: July 1, 2005. Waterman January 20, 2005, read first time and referred to Committee on Judiciary. C o p y 2005 IN 585—LS 6512/DI 110+ Introduced First Regular Session 114th General Assembly (2005) 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 2004 Regular Session of the General Assembly. SENATE BILL No. 585 A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 12-17.4-4-3 IS AMENDED TO READ AS 2 FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) An applicant 3 must apply for a foster family home license on forms provided by the 4 division. 5 (b) An applicant must submit the required information as part of the 6 application. 7 (c) An applicant must submit with the application a statement 8 attesting the following: 9 (1) That the applicant has not been convicted of: 10 (A) a felony; or 11 (B) a misdemeanor relating to the health and safety of 12 children. 13 (2) That the applicant has not been charged with: 14 (A) a felony; or 15 (B) a misdemeanor relating to the health and safety of 16 children; 17 during the pendency of the application. C o p y 2 2005 IN 585—LS 6512/DI 110+ 1 (3) That the applicant is not a homosexual. 2 (d) An applicant shall submit the necessary information, forms, or 3 consents for the division to conduct a criminal history check. 4 (e) An applicant shall do the following: 5 (1) Conduct a criminal history check of: 6 (A) the applicant's employees and volunteers at the home, if 7 any; and 8 (B) all household members who are at least eighteen (18) years 9 of age. 10 SECTION 2. IC 12-17.4-4-4.5 IS ADDED TO THE INDIANA 11 CODE AS A NEW SECTION TO READ AS FOLLOWS 12 [EFFECTIVE JULY 1, 2005]: Sec. 4.5. The division may not grant 13 a license to operate a foster family home to an individual who is a 14 homosexual. 15 SECTION 3. IC 31-19-2-3.5 IS ADDED TO THE INDIANA CODE 16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 17 1, 2005]: Sec. 3.5. (a) An individual who is a homosexual may not 18 file a petition for adoption. 19 (b) A court may not grant an adoption petition if the petitioner 20 is a homosexual. 21 SECTION 4. IC 31-19-2-6 IS AMENDED TO READ AS 22 FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. A petition for 23 adoption must specify the following: 24 (1) The: 25 (A) name if known; 26 (B) sex, race, and age if known, or if unknown, the 27 approximate age; and 28 (C) place of birth; 29 of the child sought to be adopted. 30 (2) The new name to be given the child if a change of name is 31 desired. 32 (3) Whether or not the child possesses real or personal property 33 and, if so, the value and full description of the property. 34 (4) The: 35 (A) name, age, and place of residence of a petitioner for 36 adoption; and 37 (B) if married, place and date of their marriage. 38 (5) The name and place of residence, if known to the petitioner 39 for adoption, of: 40 (A) the parent or parents of the child; 41 (B) if the child is an orphan: 42 (i) the guardian; or C o p y 3 2005 IN 585—LS 6512/DI 110+ 1 (ii) the nearest kin of the child if the child does not have a 2 guardian; 3 (C) the court or agency of which the child is a ward if the child 4 is a ward; or 5 (D) the agency sponsoring the adoption if there is a sponsor. 6 (6) The time, if any, during which the child lived in the home of 7 the petitioner for adoption. 8 (7) Whether the petitioner for adoption has been convicted of: 9 (A) a felony; or 10 (B) a misdemeanor relating to the health and safety of 11 children; 12 and, if so, the date and description of the conviction. 13 (8) Whether the petitioner for adoption is a homosexual. 14 (8) (9) Additional information consistent with the purpose and 15 provisions of this article that is considered relevant to the 16 proceedings, including whether: 17 (A) a petitioner for adoption is seeking aid; and 18 (B) the willingness of the petitioner for adoption to proceed 19 with the adoption is conditioned on obtaining aid.