republic-os/legislation/us/states/in/2022/hb-1363.md

---
type: "Bill"
title: "Department of child services matters."
description: "Repeals provisions under which certain parties may file a petition during a child in need of services proceeding to require a parent, guardian, or custodian of the child to participate in a program of care, treatment, or rehabilitation for the child. Provides that a party that receives notice of a motion filed by the department of child services (department) to change the out-of-home placement of a child has ten days (rather then 15 days, under current law) to file a written objection and initiate a hearing regarding the motion. Requires the department to file a motion with a juvenile court in order to change the out-of-home placement of a child who: (1) has been in the same out-of-home placement for one year or more; and (2) is in a foster family home or in the care of a relative. Allows the person with whom a child is placed to waive the person's right to contest a motion filed by the department to change the child's placement, and allows the juvenile court to make an expedited ruling on the motion if the court is provided with written notice of the person's waiver. Provides that a child is a child in need of services if the child is a victim of certain offenses committed by a parent, guardian, or custodian of the child. Provides for a defense to prosecution for possession of child pornography for: (1) a department employee acting within the scope of the employee's duties; and (2) an attorney acting in the attorney's capacity as legal counsel for a client. Specifies that costs paid from COVID-19 federal stimulus funds may not be disallowed when setting rates for 2023.Provides that a person who knowingly or intentionally produces, disseminates, or possesses with intent to disseminate an image that depicts or describes sexual conduct: (1) by a child who the person knows is less than 18 years of age; (2) by a child or a person who appears to be a child, if the image is obscene; or (3) that is simulated sexual conduct involving a representation that appears to be a child, if the representation of the image is obscene; commits the offense of child exploitation. Provides that a person who, with intent to view the image, knowingly or intentionally possesses or accesses an image that depicts or describes sexual conduct: (1) by a child who the person knows is less than 18 years of age; (2) by a child or a person who appears to be a child, if the image is obscene; or (3) that is simulated sexual conduct involving a representation that appears to be a child, if the representation of the image is obscene; commits the offense of possession of child pornography. Specifies that it is not a required element of the offense of child exploitation or possession of child pornography that the child depicted actually exists under certain circumstances. Defines \"image\". Provides for a defense to prosecution for possession of child pornography for: (1) a department of child services employee acting within the scope of the employee's duties; and (2) an attorney acting in the attorney's capacity as legal counsel for a client. Makes conforming changes."
jurisdiction: "us/states/in"
legislature: "Indiana General Assembly"
session: "2022"
identifier: "HB 1363"
citation: "Indiana HB 1363 (2022)"
classification: ["bill"]
subjects: ["CHILDREN AND MINORS", "Department of Child Services"]
status: "enacted"
primary_sponsors: ["Eric Koch", "Greg Walker", "John Young"]
version_count: 5
action_count: 31
vote_count: 1
first_action: "2022-01-11"
last_action: "2022-03-18"
source: "openstates"
source_identifier: "ocd-bill/6703ae2a-5add-4238-a56e-654de83b7b55"
source_url: "http://iga.in.gov/legislative/2022/bills/house/1363"
source_hash: "c05ab2a4d455d32640e188501a5fcaa0bcf3902d27220a65fc51b42bb70cb4ad"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-in"]
---

# Indiana HB 1363 (2022) — Department of child services matters.

Repeals provisions under which certain parties may file a petition during a child in need of services proceeding to require a parent, guardian, or custodian of the child to participate in a program of care, treatment, or rehabilitation for the child. Provides that a party that receives notice of a motion filed by the department of child services (department) to change the out-of-home placement of a child has ten days (rather then 15 days, under current law) to file a written objection and initiate a hearing regarding the motion. Requires the department to file a motion with a juvenile court in order to change the out-of-home placement of a child who: (1) has been in the same out-of-home placement for one year or more; and (2) is in a foster family home or in the care of a relative. Allows the person with whom a child is placed to waive the person's right to contest a motion filed by the department to change the child's placement, and allows the juvenile court to make an expedited ruling on the motion if the court is provided with written notice of the person's waiver. Provides that a child is a child in need of services if the child is a victim of certain offenses committed by a parent, guardian, or custodian of the child. Provides for a defense to prosecution for possession of child pornography for: (1) a department employee acting within the scope of the employee's duties; and (2) an attorney acting in the attorney's capacity as legal counsel for a client. Specifies that costs paid from COVID-19 federal stimulus funds may not be disallowed when setting rates for 2023.Provides that a person who knowingly or intentionally produces, disseminates, or possesses with intent to disseminate an image that depicts or describes sexual conduct: (1) by a child who the person knows is less than 18 years of age; (2) by a child or a person who appears to be a child, if the image is obscene; or (3) that is simulated sexual conduct involving a representation that appears to be a child, if the representation of the image is obscene; commits the offense of child exploitation. Provides that a person who, with intent to view the image, knowingly or intentionally possesses or accesses an image that depicts or describes sexual conduct: (1) by a child who the person knows is less than 18 years of age; (2) by a child or a person who appears to be a child, if the image is obscene; or (3) that is simulated sexual conduct involving a representation that appears to be a child, if the representation of the image is obscene; commits the offense of possession of child pornography. Specifies that it is not a required element of the offense of child exploitation or possession of child pornography that the child depicted actually exists under certain circumstances. Defines "image". Provides for a defense to prosecution for possession of child pornography for: (1) a department of child services employee acting within the scope of the employee's duties; and (2) an attorney acting in the attorney's capacity as legal counsel for a client. Makes conforming changes.

## Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

1. **Engrossed House Bill (S)** (committee substitute) — [source](http://in-proxy.openstates.org/2022/bills/HB1363/versions/HB1363.04.ENGS)
2. **Enrolled House Bill (H)** (committee substitute) — [source](http://in-proxy.openstates.org/2022/bills/HB1363/versions/HB1363.05.ENRS)
3. **House Bill (H)** (committee substitute) — [source](http://in-proxy.openstates.org/2022/bills/HB1363/versions/HB1363.02.COMH)
4. **House Bill (S)** (committee substitute) — [source](http://in-proxy.openstates.org/2022/bills/HB1363/versions/HB1363.03.COMS)
5. **Introduced House Bill (H)** (committee substitute) — [source](http://in-proxy.openstates.org/2022/bills/HB1363/versions/HB1363.01.INTR)

## Votes

- HB 1363 - Young J - 3rd Reading — **94–0** (pass) · lower

## Sponsors

- Eric Koch — primary (person)
- Greg Walker — primary (person)
- John Young — primary (person)
- Lonnie Randolph — cosponsor (person)

## Timeline

The legislative action history — every referral, reading, and vote.

- **2022-01-11** Authored by Representative Young J
- **2022-01-11** First reading: referred to Committee on Judiciary `reading-1, referral-committee`
- **2022-01-20** Reassigned to Committee on Family, Children and Human Affairs `referral-committee`
- **2022-01-25** Committee report: amend do pass, adopted `committee-passage`
- **2022-01-27** Second reading: ordered engrossed `reading-2`
- **2022-01-31** Senate sponsors: Senators Walker G and Koch
- **2022-01-31** Third reading: passed; Roll Call 152: yeas 94, nays 0 `passage, reading-3`
- **2022-02-01** Referred to the Senate
- **2022-02-10** First reading: referred to Committee on Judiciary `reading-1, referral-committee`
- **2022-02-17** Committee report: amend do pass, adopted `committee-passage`
- **2022-02-28** Senator Randolph added as cosponsor
- **2022-02-28** Amendment #9 (Brown L) prevailed; voice vote `amendment-failure, amendment-passage`
- **2022-02-28** Amendment #2 (Walker G) prevailed; voice vote `amendment-failure, amendment-passage`
- **2022-02-28** Amendment #5 (Young M) prevailed; voice vote `amendment-failure, amendment-passage`
- **2022-02-28** Amendment #8 (Pol) prevailed; voice vote `amendment-failure, amendment-passage`
- **2022-02-28** Second reading: amended, ordered engrossed `reading-2`
- **2022-03-01** Third reading: passed; Roll Call 313: yeas 46, nays 2 `passage, reading-3`
- **2022-03-02** Returned to the House with amendments `amendment-failure`
- **2022-03-03** Motion to dissent filed
- **2022-03-03** House dissented from Senate amendments `amendment-failure`
- **2022-03-03** House conferees appointed: Young J and Summers
- **2022-03-03** House advisors appointed: DeVon, Lauer, Hamilton and Hatfield
- **2022-03-03** Senate conferees appointed: Walker G and Pol
- **2022-03-03** Senate advisors appointed: Koch and Randolph Lonnie M
- **2022-03-08** Motion to concur filed
- **2022-03-08** House reconsidered and concurred in Senate amendments; Roll Call 368: yeas 86, nays 0 `amendment-failure`
- **2022-03-09** Signed by the Speaker
- **2022-03-09** Signed by the President Pro Tempore
- **2022-03-15** Signed by the President of the Senate
- **2022-03-18** Signed by the Governor `executive-signature`
- **2022-03-18** Public Law 172

## Source

OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/6703ae2a-5add-4238-a56e-654de83b7b55`. Confidence: reported (aggregated from official Indiana legislature records).