When the first day of July arrives Monday, several new laws will go into effect throughout Indiana.
Several laws involve issues about children. Rep. Ryan Lauer, R-Columbus, and Sen. Greg Walker, R-Columbus, provided their views on the new legislation that goes into effect Monday.
Safe baby court (Public Law 51 signed into law on March 11. Public law 69 signed into law on March 11).
A member of the House Family, Children and Human Affairs Committee, Lauer authored two bills that he believes will help some of the most vulnerable children in the state.
The first establishes a safe baby court for children age 5 and younger as a type of new problem-solving court. The goal of a problem-solving court is to reduce criminal recidivism through therapeutic and interdisciplinary approaches that address underlying issues.
Under the new law, preschoolers will be removed from a home if they are being subjected to abuse and neglect, Lauer said. The new law will also expedite cases to reduce the long-term effects of children being in foster care, as well as engage parents to reduce the chances of repeat offenses.
According to Lauer, the goal is to ensure those children are placed in a safe, loving and permanent home as soon as possible through adoption, guardianship and other methods. This court is both voluntary and optional for all 92 Indiana counties, he explained.
Lauer said his other approved law deals with children removed from a parent for at least 12 of the most recent 22 months. The permanency plan for these children must include at least one intended permanent or long term arrangement for care and custody that doesn’t include the parent, guardian or custodian.
“If it’s not safe after a year, we need to be preparing for adoption,” Lauer said.
Walker said both of Lauer’s bills are positive steps that have the support of advocates for children, family services agencies and the Indiana Department of Child Services.
”I hope to see substantial real benefits to families, and to kids who face these unfortunate situations,” Walker said.
Third grade literacy (signed into Public Law 5 on March 11)
Under this law, thousands of Indiana third-graders who don’t pass the state reading exam could be held back a grade. Supporters such as Lauer see this approved measure as a possible solution to the state’s long declining literacy rates.
Lawmakers appropriated roughly $28 million in the current biennium for remediation testing. They’ve also set up alternatives to retention, such as summer school, that will allow kids to catch up on their reading skills.
Statistics show that holding somebody back a grade can have very positive, long term success, according to the state representative.
“If you can’t read, you are going to keep falling behind more and more as the subject matter becomes more advanced,” Lauer said.
But Walker said he didn’t support the measure because there are other avenues for remedation that don’t involve a child being held back a grade. He also said he doesn’t think reading levels is the right tool for diagnosing whether a child is ready to advance in school.
”I just don’t think accountability works that way in third grade,” Walker said. “If they have challenges to learning, let’s work with them. However, I just don’t believe in detention except in very rare circ*mstances.”
Religious instruction (signed into Public Law 138 on March 13)
This measure states that Indiana schools must also allow students to attend religious instruction for a portion of the school day, if parents submit a formal request to their child’s principal.
“It allows a student to leave school for an hour or so, and take off-campus religious lessons,” Lauer said.
But the state lawmaker emphasized that only students with good grades who have stayed out of trouble are allowed this courtesy. Lauer adds most schools in Indiana are already providing this option to students to some degree.
“As with any extracurricular activity, if the student is not suffering a loss of learning, I’m for anything that might be considered enrichment,’ Walker said.
The senator says he doesn’t anticipate a court challenge because the program is strictly voluntary and instruction is provided outside of public districts.
There was a separate bill that would have allowed public school administrators to pay for school chaplains if they only provided secular advice. However, that proposal failed to make it out of committee.
Use of electrical devices in class (signed into Public Law 24 on March 11)
Public schools must now create, publish and enforce a ban on using cell phones, tablets and other personal devices during instruction time, unless they are required for the class or are needed for emergency purposes.
Lauer said the law is simply common sense.
”I think if you ask any teacher or parent, they’ll tell you electronic devices can be very distracting in a classroom,” Lauer said. “Some devices are useful in instruction, but using phones and playing games during class is not helping either the classroom or the student.”
Walker agrees, adding teachers should have ultimate control of what electronic devises are allowed in their classroom, and they should be allowed that level of control without limits.”
Child Labor (signed into Public Law 133 on March 13)
Teenagers 14 and older will now be able to work past 7 p.m. on a school night. Opponents have called the lifting of restrictions “irresponsible and dystopian,” adding Indiana politicians are trying to respond to the state’s workforce shortage by making kids pick up the slack.
But Lauer said that’s not true.
It’s important that children, especially teenagers, have more opportunities to develop a work ethic, learn responsibility and be held accountable, he said.
“It doesn’t change child labor laws in terms of working conditions,” Lauer said. “We do need to keep a framework to prevent exploitation of child labor.”
Walker said the new law is fine as long as longer hours don’t interfere with a child’s education. The senator added that some of thse jobs become a learning opportunity.
”Now, I can’t make that argument about every job,” Walker said. “I prefer listing the limitations because it puts it on a case-by-case basis as to whether (longer work hours on weekdays) is a problem with the child’s education.
Other new laws in Indiana that take effect July 1 include:
Intellectual diversity
Complaints can be lodged against professors if a student feels his or her viewpoint was somehow diminished, and universities must now review tenured professors at least once every five years to ensure compliance.
Tobacco sales
Anyone who knowingly sells a tobacco product without a valid certificate commits a Class C infraction. The new law also makes it a Class C misdemeanor for a person to operate a tobacco and vaping business within 1,000 feet of school property.
Artificial intelligence and sexual offenses
Certain images created by artificial intelligence or similar means constitute an “intimate image” for purposes of: (1) a civil action involving non-consensual p*rnography; or (2) the crime of distributing an intimate image. The law also provides that “peep”, for purposes of the voyeurism statute, includes the use of a concealed camera with the intent of capturing an intimate image.
Age verification for material harmful to minor
A law that requires p*rnographic websites to verify users’ ages to prevent minors from accessing the website Under the new law, the state’s attorney general and individuals can bring legal action against a website’s operator if material “harmful to minors” is accessible to users under the age of 18.
Xylazine criminal offense
Makes possession of xylazine a Class A misdemeanor and increases the penalty to a Level 6 felony if the person has a prior xylazine related conviction. Xylazine has become a commonly abused street drug used as a cutting agent for heroin and fentanyl, causing skin sores, infections and other health issues.
Forensic diversion and drug courts
Provides that a pregnant woman charged with a drug crime may be referred to a forensic diversion program or a drug court at an initial hearing.
Alcohol beverage sales
Allows a bar or restaurant to prepare, sell, and deliver alcoholic beverages for carry-out to a customer on the licensed premises in sealed, non-original containers.
Health care mergers
Requires health care entities to provide the Indiana Office of the Attorney General with notice of mergers or acquisitions 90 days prior to closing.
Other new laws in Indiana that take effect July 1 include:
Intellectual diversity
Complaints can be lodged against professors if a student feels his or her viewpoint was somehow diminished, and universities must now review tenured professors at least once every five years to ensure compliance.
Tobacco sales
Anyone who knowingly sells a tobacco product without a valid certificate commits a Class C infraction. The new law also makes it a Class C misdemeanor for a person to operate a tobacco and vaping business within 1,000 feet of school property.
Artificial intelligence and sexual offenses
Certain images created by artificial intelligence or similar means constitute an “intimate image” for purposes of: (1) a civil action involving non-consensual p*rnography; or (2) the crime of distributing an intimate image. The law also provides that “peep”, for purposes of the voyeurism statute, includes the use of a concealed camera with the intent of capturing an intimate image.
Age verification for material harmful to minor
A law that requires p*rnographic websites to verify users’ ages to prevent minors from accessing the website Under the new law, the state’s attorney general and individuals can bring legal action against a website’s operator if material “harmful to minors” is accessible to users under the age of 18.
Xylazine criminal offense
Makes possession of xylazine a Class A misdemeanor and increases the penalty to a Level 6 felony if the person has a prior xylazine related conviction. Xylazine has become a commonly abused street drug used as a cutting agent for heroin and fentanyl, causing skin sores, infections and other health issues.
Forensic diversion and drug courts
Provides that a pregnant woman charged with a drug crime may be referred to a forensic diversion program or a drug court at an initial hearing.
Alcohol beverage sales
Allows a bar or restaurant to prepare, sell, and deliver alcoholic beverages for carry-out to a customer on the licensed premises in sealed, non-original containers.
Health care mergers
Requires health care entities to provide the Indiana Office of the Attorney General with notice of mergers or acquisitions 90 days prior to closing.
