reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 8. Investigation of Reports of Suspected Child Abuse or Neglect › 31-33-8-11. Law Enforcement Agency's Duty to Release Information to Department of Child Services

Sec. 11. In all cases, the law enforcement agency shall release information on an incident in which a child may be a victim of alleged child abuse or neglect, whether obtained under this article or not, to the department.
[Pre-1997 Recodification Citation: 31-6-11-11(l).]
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.125.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 8. Investigation of Reports of Suspected Child Abuse or Neglect › 31-33-8-12. Classifying Reports as Substantiated or Unsubstantiated

Sec. 12. Upon completion of an assessment, the department shall classify reports as substantiated or unsubstantiated.
[Pre-1997 Recodification Citation: 31-6-11-11(m).]
As added by P.L.1-1997, SEC.16. Amended by P.L.70-2004, SEC.13; P.L.234-2005, SEC.126; P.L.131-2009, SEC.50.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 8. Investigation of Reports of Suspected Child Abuse or Neglect › 31-33-8-13. Court Findings to Be Entered in the Child Protection Index

Sec. 13. Whenever a court finds that a child is a child in need of services on the basis of a child abuse or neglect report classified as substantiated under section 12 of this chapter, the department shall enter into the child protection index established under IC 31-33-26-2 identifiable information concerning the court's judgment.
[Pre-1997 Recodification Citation: 31-6-11-11(n).]
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.127; P.L.138-2007, SEC.65.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 8. Investigation of Reports of Suspected Child Abuse or Neglect › 31-33-8-14. Repealed

[Pre-1997 Recodification Citation: 31-6-11-11(o).]
As added by P.L.1-1997, SEC.16. Repealed by P.L.138-2007, SEC.93.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 8. Investigation of Reports of Suspected Child Abuse or Neglect › 31-33-8-15. Provision of Information by Department of Child Services; No Obligation or Liability for Providing Information

Sec. 15. (a) If the department classifies an assessment as unsubstantiated, the department may provide information about community service programs that provide respite care, voluntary guardianship, or other support services for families in crisis to the parent or guardian of the child who is the subject of the assessment.
(b) If the department provides information to a parent or guardian under subsection (a), the department may not initiate an investigation or assessment or substantiate an assessment of child abuse or neglect based solely on the provision of the information.
(c) If the department classifies an assessment as substantiated, the department may refer the parent or guardian to a community service program that provides respite care, voluntary guardianship, or other support services for families in crisis as appropriate to meet the needs of the family.
(d) The provision of information by the department under subsection (a) does not result in, or may not be considered to result in, any obligation on the part of the department.
(e) The department is not liable for any action arising out of having furnished the information in the manner required under subsection (a), including any delegation of powers executed under IC 29-3-9-1.
As added by P.L.74-2016, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 8. Investigation of Reports of Suspected Child Abuse or Neglect › 31-33-8-16. Voluntary Service Referral Agreements

Sec. 16. After an investigation by the department that a child is a child in need of services, but before petitioning the juvenile court for a dispositional decree or implementing a program of informal adjustment, the department may enter into a voluntary service referral agreement with the child's parent, guardian, or custodian. Under the terms of the agreement, the parent, guardian, or custodian shall successfully participate in and complete any family or rehabilitative services recommended by the department. If a person who enters into an agreement under this subsection fails to substantially carry out the terms of the agreement the department shall terminate the agreement. The department shall provide notice to the juvenile court of any voluntary service referral agreement entered into under this subsection.
As added by P.L.108-2019, SEC.239.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 9. Designation of Public or Private Agencies to Investigate Reports of Abuse or Neglect Involving a Child Under the Care of a Public or Private Institution › 31-33-9-1. Written Protocol or Agreement Designating Agency Primarily Responsible for Investigation

Sec. 1. (a) Through a written protocol or agreement, the department shall designate the public or private agencies primarily responsible for investigating reports involving a child who:
(1) may be a victim of child abuse or neglect; and
(2) is under the care of a public or private institution.
(b) The designated agency must be different from and separately administered from the agency involved in the alleged act or omission. Subject to this limitation, the agency:
(1) may be:
(A) the department; or
(B) a law enforcement agency; and
(2) may not be the office of the prosecuting attorney.
[Pre-1997 Recodification Citation: 31-6-11-16(a).]
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.128.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 9. Designation of Public or Private Agencies to Investigate Reports of Abuse or Neglect Involving a Child Under the Care of a Public or Private Institution › 31-33-9-2. Terms or Conditions of Protocol or Agreement

Sec. 2. The protocol or agreement must describe the specific terms or conditions of the designation, including the following:
(1) The manner in which reports of a child who may be a victim of child abuse or neglect and who is under the care of a public or private institution will be received.
(2) The manner in which the reports will be investigated.
(3) The remedial action that will be taken.
(4) The manner in which the department will be kept fully informed on the progress, findings, and disposition of the investigation.
[Pre-1997 Recodification Citation: 31-6-11-16(b).]
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.129.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 9. Designation of Public or Private Agencies to Investigate Reports of Abuse or Neglect Involving a Child Under the Care of a Public or Private Institution › 31-33-9-3. Purchase of Services of Public or Private Agency

Sec. 3. To fulfill the purposes of this chapter, the department may purchase the services of the public or private agency designated to investigate reports of child abuse or neglect.
[Pre-1997 Recodification Citation: 31-6-11-16(c).]
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.130.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 10. Duty of Health Care Provider to Examine, Photograph, and X-Ray Child Who Is Subject of Child Abuse or Neglect Report › 31-33-10-1. Duty to Photograph, X-Ray, and Physically Examine Trauma Visible on Child

Sec. 1. (a) A person who:
(1) is required to report cases of known or suspected child abuse or neglect; and
(2) is also a health care provider or a person in charge of a hospital or similar medical institution treating the child;
shall cause photographs to be taken of the areas of trauma visible on the child who is the subject of a report.
(b) If medically indicated, a physician may cause a radiological examination or a physical medical examination, or both, of the child to be performed.
[Pre-1997 Recodification Citation: 31-6-11-6(a).]
As added by P.L.1-1997, SEC.16.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 10. Duty of Health Care Provider to Examine, Photograph, and X-Ray Child Who Is Subject of Child Abuse or Neglect Report › 31-33-10-2. Photographs, X-Rays, and Physical Medical Examinations; Reimbursement of Costs

Sec. 2. The department shall reimburse the reasonable cost of photographs, x-rays, or physical medical examinations made under this chapter.
[Pre-1997 Recodification Citation: 31-6-11-6(b).]
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.131.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 10. Duty of Health Care Provider to Examine, Photograph, and X-Ray Child Who Is Subject of Child Abuse or Neglect Report › 31-33-10-3. Photographs, X-Rays, and Physical Medical Examinations; Delivery to Department of Child Services; Notice of Existence

Sec. 3. All photographs taken and a summary of x-rays and other medical care shall be sent to the department and, upon request, to a law enforcement agency that investigates the alleged child abuse or neglect, at the time the written report is sent or as soon thereafter as possible. The department shall give notice of the existence of photographs, x-rays, and physical medical examination reports in accordance with IC 31-25-2-12.
[Pre-1997 Recodification Citation: 31-6-11-6(c) part.]
As added by P.L.1-1997, SEC.16. Amended by P.L.197-1999, SEC.4; P.L.234-2005, SEC.132; P.L.145-2006, SEC.281.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 11. Duty of Hospital Not to Release Child Who Is Subject of Child Abuse or Neglect Report › 31-33-11-1. Conditions for Release of Child Under Investigation for Abuse or Neglect; Expenses of Extended Hospital Stay

Sec. 1. (a) Whenever:
(1) a child is subject to assessment by the department for reported child abuse or neglect;
(2) the child is a patient in a hospital; and
(3) the hospital has reported or has been informed of the report and assessment;
the hospital may not release the child to the child's parent, guardian, custodian, or to a court approved placement until the hospital receives authorization or a copy of a court order from the department indicating that the child may be released to the child's parent, guardian, custodian, or court approved placement.
(b) If the authorization that is granted under this section is verbal, the department shall send a letter to the hospital confirming that the department has granted authorization for the child's release.
(c) The individual or third party payor responsible financially for the hospital stay of the child remains responsible for any extended stay under this section. If no party is responsible for the extended stay, the department shall pay the expenses of the extended hospital stay.
[Pre-1997 Recodification Citation: 31-6-11-6.5.]
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.133; P.L.131-2009, SEC.51.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 12. Repealed

[Pre-1997 Recodification Citations:
31-33-12-1formerly 31-6-11-11(p) part31-33-12-2formerly 31-6-11-11(p) part31-33-12-3formerly 31-6-11-11(s).]
Repealed by P.L.138-2007, SEC.93.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 13. Repealed

[Pre-1997 Recodification Citations:
31-33-13-1formerly 31-6-11-13.5(a)31-33-13-2formerly 31-6-11-13.5(b)31-33-13-3formerly 31-6-11-13.5(c)31-33-13-4formerly 31-6-11-13.5(d)31-33-13-5formerly 31-6-11-13.5(e).]
Repealed by P.L.138-2007, SEC.93.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 14. Referral of Case to Juvenile Court Following Investigation of Report of Child Abuse or Neglect; Juvenile Court Proceeding › 31-33-14-1. Referral to Juvenile Court or Prosecuting Attorney

Sec. 1. If the department determines that the best interests of the child require action in the juvenile or criminal court, the department shall:
(1) refer the case to the juvenile court under IC 31-34-7; or
(2) make a referral to the prosecuting attorney if criminal prosecution is desired.
[Pre-1997 Recodification Citation: 31-6-11-11(q).]
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.142.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 14. Referral of Case to Juvenile Court Following Investigation of Report of Child Abuse or Neglect; Juvenile Court Proceeding › 31-33-14-2. Duty of Department of Child Services to Assist Court

Sec. 2. The department shall assist the juvenile court or the court having criminal jurisdiction during all stages of the proceedings in accordance with the purposes of this article.
[Pre-1997 Recodification Citation: 31-6-11-11(r).]
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.143.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 14. Referral of Case to Juvenile Court Following Investigation of Report of Child Abuse or Neglect; Juvenile Court Proceeding › 31-33-14-3. Provision of Services in Cooperation With United States Department of Defense

Sec. 3. If:
(1) the department determines that the best interests of the child require intervention by the department or action in the juvenile or criminal court; and
(2) a parent, guardian, or custodian of the child is an active duty member of the military;
the department may seek the assistance of the United States Department of Defense Family Advocacy Program in determining and providing appropriate services for the child and family.
As added by P.L.81-2016, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 15. Appointment of Guardian Ad Litem or Court Appointed Special Advocate › 31-33-15-1. Appointment

Sec. 1. In every judicial proceeding under this article, the court may appoint for the child a guardian ad litem or a court appointed special advocate, or both, under IC 31-32-3.
[Pre-1997 Recodification Citation: 31-6-11-9(a).]
As added by P.L.1-1997, SEC.16.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 15. Appointment of Guardian Ad Litem or Court Appointed Special Advocate › 31-33-15-2. Access to Reports

Sec. 2. The guardian ad litem or the court appointed special advocate, or both, shall be given access under IC 31-39 to:
(1) all reports relevant to the case; and
(2) any reports of examinations of the child's parents or other person responsible for the child's welfare.
[Pre-1997 Recodification Citation: 31-6-11-9(b).]
As added by P.L.1-1997, SEC.16.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 15. Appointment of Guardian Ad Litem or Court Appointed Special Advocate › 31-33-15-3. Costs of Services of Guardian Ad Litem

Sec. 3. Any costs related to the services of a guardian ad litem shall be paid according to IC 31-40.
[Pre-1997 Recodification Citation: 31-6-11-9(c).]
As added by P.L.1-1997, SEC.16.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 16. Review of Status of Child by Juvenile Court › 31-33-16-1. Review of Status of Child Removed From Family

Sec. 1. The juvenile court shall review the status of a child removed from the child's family under this article (or IC 31-6-11 before its repeal) according to IC 31-34-21.
[Pre-1997 Recodification Citation: 31-6-11-13.]
As added by P.L.1-1997, SEC.16.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 17. Repealed

[Pre-1997 Recodification Citations:
31-33-17-1formerly 31-6-11-12.1(a)31-33-17-2formerly 31-6-11-12.1(b)31-33-17-3formerly 31-6-11-12.1(c)31-33-17-4formerly 31-6-11-12.1(d)31-33-17-5formerly 31-6-11-12.1(e)31-33-17-6formerly 31-6-11-12.1(f)31-33-17-7formerly 31-6-11-12.1(g)31-33-17-8formerly 31-6-11-12.231-33-17-9formerly 31-6-11-12.6 part31-33-17-10formerly 31-6-11-25(a).]
Repealed by P.L.138-2007, SEC.93.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 18. Disclosure of Reports; Confidentiality Requirements › 31-33-18-1. Confidentiality; Exceptions

Sec. 1. (a) Except as provided in section 1.5 of this chapter, the following are confidential:
(1) Reports made under this article (or IC 31-6-11 before its repeal).
(2) Any other information, documents, reports, pictures, videos, images, or recordings obtained, possessed, produced, or created by:
(A) the division of family resources;
(B) the local office;
(C) the department; or
(D) the department of child services ombudsman established by IC 4-13-19-3;
concerning a child or family with whom the department has received a report or referral or has been involved with during any stage of the department's investigation, including post-assessment or post-adoption activity.
(b) Except as provided in section 1.5 of this chapter, all records held by:
(1) the division of family resources;
(2) a local office;
(3) the department;
(4) a local child fatality review team established under IC 16-49-2;
(5) the statewide child fatality review committee established under IC 16-49-4; or
(6) the department of child services ombudsman established by IC 4-13-19-3;
regarding the death of a child determined to be a result of abuse, abandonment, or neglect are confidential and may not be disclosed.
[Pre-1997 Recodification Citation: 31-6-11-18(a) part.]
As added by P.L.1-1997, SEC.16. Amended by P.L.70-2004, SEC.14; P.L.234-2005, SEC.153; P.L.145-2006, SEC.283; P.L.182-2009(ss), SEC.378; P.L.128-2012, SEC.153; P.L.119-2013, SEC.10; P.L.77-2023, SEC.8.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 18. Disclosure of Reports; Confidentiality Requirements › 31-33-18-3. Disclosure to Qualified Researchers

Sec. 3. (a) Section 2 of this chapter does not prevent the local office or the department from disclosing to a qualified individual engaged in a good faith research project either:
(1) information of a general nature, including the incidents of reported child abuse or neglect or other statistical or social data used in connection with studies, reports, or surveys, and information related to their function and activities; or
(2) information relating to case histories of child abuse or neglect if:
(A) the information disclosed does not identify or reasonably tend to identify the persons involved; and
(B) the information is not a subject of pending litigation.
(b) To implement this section, the department shall adopt under IC 4-22-2 rules to govern the dissemination of information to qualifying researchers.
[Pre-1997 Recodification Citation: 31-6-11-18(b).]
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.156; P.L.128-2012, SEC.155.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 18. Disclosure of Reports; Confidentiality Requirements › 31-33-18-4. Notice to Parent, Guardian, or Custodian of Availability of Reports, Information, and Juvenile Court Records; Release Form; Copying Costs

Sec. 4. (a) Whenever a child abuse or neglect assessment is conducted under this article, the department shall give verbal and written notice to each parent, guardian, or custodian of the child that:
(1) the reports and information described under section 1 of this chapter relating to the child abuse or neglect assessment; and
(2) if the child abuse or neglect allegations are pursued in juvenile court, the juvenile court's records described under IC 31-39;
are available upon the request of the parent, guardian, or custodian except as prohibited by federal law.
(b) A parent, guardian, or custodian requesting information under this section may be required to sign a written release form that delineates the information that is requested before the information is made available. However, no other prerequisites for obtaining the information may be placed on the parent, guardian, or custodian except for reasonable copying costs.
[Pre-1997 Recodification Citation: 31-6-11-18.1.]
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.157; P.L.131-2009, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 18. Disclosure of Reports; Confidentiality Requirements › 31-33-18-5. Confidentiality of Recordings of Calls to Child Abuse Hotline

Sec. 5. (a) An audio recording of a telephone call to the child abuse hotline is confidential and may be released only upon court order.
(b) An audio recording of a report of child abuse or neglect that is the subject of a complaint made to a prosecuting attorney under IC 31-33-22-3 shall be released without a court order to the prosecuting attorney upon written request of the prosecuting attorney.
As added by P.L.48-2012, SEC.40.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 18. Disclosure of Reports; Confidentiality Requirements › 31-33-18-6. Review and Certification of Status of a Child by the Department

Sec. 6. For the purposes of IC 31-26-4.5, the department may certify or acknowledge that an individual qualifies as a foster youth under IC 31-26-4.5-2.
As added by P.L.59-2022, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 18. Disclosure of Reports; Confidentiality Requirements › 31-33-18-7. Notice to Employer of Child Care Worker Who Is Subject of Substantiated Report

Sec. 7. (a) Subject to subsection (b), the department may notify a child care worker's employer that a substantiated report for child abuse or neglect has been entered against the child care worker if the department:
(1) enters a new substantiated report against an individual that the department knows to be a child care worker (as defined in IC 31-9-2-16.6); and
(2) knows the identity of the child care worker's employer.
(b) If the department concludes that the health or safety of a child will be potentially endangered if the child care worker has continuing unsupervised contact with a child, the department shall notify the child care worker's employer that a substantiated report has been entered against the child care worker not more than two (2) business days after entering the child care worker's name into the child protection index.
As added by P.L.77-2023, SEC.11. Amended by P.L.170-2023, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 19. Repealed

[Pre-1997 Recodification Citations:
31-33-19-1formerly 31-6-11-12.3(a) part31-33-19-2formerly 31-6-11-12.3(a) part31-33-19-3formerly 31-6-11-12.3(b)31-33-19-4formerly 31-6-11-12.3(c)31-33-19-5formerly 31-6-11-12.3(d)31-33-19-6formerly 31-6-11-12.3(e) part31-33-19-7formerly 31-6-11-12.3(e) part31-33-19-8formerly 31-6-11-12.4(a)31-33-19-9formerly 31-6-11-12.4(b).]
Repealed by P.L.138-2007, SEC.93.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 20. Repealed

[Pre-1997 Recodification Citations:
31-33-20-1formerly 31-6-11-12.5(b)31-33-20-2formerly 31-6-11-12.5(c)31-33-20-3formerly 31-6-11-12.5(d)31-33-20-4formerly 31-6-11-12.5(e)31-33-20-5formerly 31-6-11-12.6 part.]
Repealed by P.L.138-2007, SEC.93.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 22. Offenses; Access to Unsubstantiated False Reports › 31-33-22-1. Failure to Make Report

Sec. 1. (a) A person who knowingly fails to make a report required by IC 31-33-5-1 commits a Class B misdemeanor.
(b) A person who knowingly fails to make a report required by IC 31-33-5-2 or IC 31-33-5-2.5 commits a Class B misdemeanor. This penalty is in addition to the penalty imposed by subsection (a).
[Pre-1997 Recodification Citation: 31-6-11-20.]
As added by P.L.1-1997, SEC.16. Amended by P.L.183-2017, SEC.38.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 22. Offenses; Access to Unsubstantiated False Reports › 31-33-22-2. Obtaining Child Abuse Information Under False Pretenses; Knowingly Falsifying Records or Interfering With an Investigation

Sec. 2. (a) An individual who knowingly requests, obtains, or seeks to obtain child abuse or neglect information under false pretenses commits a Class B misdemeanor.
(b) A person who knowingly or intentionally:
(1) falsifies child abuse or neglect information or records; or
(2) obstructs or interferes with a child abuse assessment, including an assessment conducted by a local child fatality review team or the statewide child fatality review committee;
commits obstruction of a child abuse assessment, a Class A misdemeanor.
[Pre-1997 Recodification Citation: 31-6-11-21.]
As added by P.L.1-1997, SEC.16. Amended by P.L.70-2004, SEC.17; P.L.131-2009, SEC.54.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 22. Offenses; Access to Unsubstantiated False Reports › 31-33-22-3. False Reports; Criminal and Civil Liability; Notification of Prosecuting Attorney

Sec. 3. (a) A person who intentionally communicates to:
(1) a law enforcement agency; or
(2) the department;
a report of child abuse or neglect knowing the report to be false commits a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a previous unrelated conviction for making a report of child abuse or neglect knowing the report to be false.
(b) A person who intentionally communicates to:
(1) a law enforcement agency; or
(2) the department;
a report of child abuse or neglect knowing the report to be false is liable to the person accused of child abuse or neglect for actual damages. The finder of fact may award punitive damages and attorney's fees in an amount determined by the finder of fact against the person.
(c) The director or the director's designee shall, after review by the department's attorney, notify the prosecuting attorney whenever the director or the director's designee and the department's attorney have reason to believe that a person has violated this section.
(d) A person who:
(1) has reason to believe that the person is a victim of a false report of child abuse or neglect under this section; and
(2) is not named in a pending criminal charge or under assessment relating to the report;
may file a complaint with the prosecuting attorney. The prosecuting attorney shall review the relevant child abuse or neglect records of the department and any other relevant evidence.
[Pre-1997 Recodification Citation: 31-6-11-24.]
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.166; P.L.131-2009, SEC.55; P.L.158-2013, SEC.318.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 22. Offenses; Access to Unsubstantiated False Reports › 31-33-22-4. Failure to Notify of Name Change

Sec. 4. A person who intentionally violates IC 31-33-26-17 commits a Class B misdemeanor.
[Pre-1997 Recodification Citation: 31-6-11-25(b).]
As added by P.L.1-1997, SEC.16. Amended by P.L.86-2018, SEC.219.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 22. Offenses; Access to Unsubstantiated False Reports › 31-33-22-5. Access by Accused to False Report

Sec. 5. A person who is accused of committing child abuse or neglect is entitled to access to a report relevant to an alleged false accusation filed under this article if a court finds that the report:
(1) is unsubstantiated; and
(2) was intentionally communicated to a law enforcement agency or the department by a person who knew the report was false.
[Pre-1997 Recodification Citation: 31-6-11-26.]
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.167.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 26. Child Protection Index › 31-33-26-0.5. "Administrative Hearing Officer"

Sec. 0.5. As used in this chapter, "administrative hearing officer" refers to an individual who presides over an administrative hearing. The term includes an administrative law judge assigned by the office of administrative law proceedings established by IC 4-15-10.5-7.
As added by P.L.13-2021, SEC.12.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 26. Child Protection Index › 31-33-26-1. "Child Care Provider"; "Index"

Sec. 1. (a) As used in this chapter, "child care provider" means a person who:
(1) provides child care (as defined in IC 12-7-2-28.2) regardless of whether the person is required to be licensed or registered under IC 12-17.2; or
(2) is a child caring institution, a foster family home, a group home, or a child placing agency that is licensed or required to be licensed under IC 31-27.
(b) As used in this chapter, "index" refers to the child protection index established under section 2 of this chapter.
As added by P.L.138-2007, SEC.67.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 26. Child Protection Index › 31-33-26-2. Establishment and Maintenance of Child Protection Index

Sec. 2. The department shall establish and maintain a centralized, computerized child protection index to organize and access data regarding substantiated reports of child abuse and neglect that the department receives from throughout Indiana under this article.
As added by P.L.138-2007, SEC.67.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 26. Child Protection Index › 31-33-26-3. Index Components

Sec. 3. In addition to the equipment needed to establish, operate, and maintain the index, the index must include the following components:
(1) Automated risk assessment in which a family case manager or supervisor is able to review a substantiated child abuse or neglect case to determine prior case history during the intake, assessment, and case management processes.
(2) The capability to allow supervisors to monitor child abuse and neglect cases and reports relating to the cases.
(3) The automated production of standard reports to enable the automated compilation of information gathered on forms used by family case managers to report the information and results of child abuse and neglect cases. The index must also provide for the automation of other data for planning and evaluation as determined by the department.
(4) The capability of same day notification and transfer of statistical information to the department regarding new and closed child abuse and neglect cases.
(5) The enabling of child welfare supervisors to review a child abuse or neglect determination at any point after the assessment is initially classified as substantiated abuse or neglect, to confirm the status of the case, and to allow for the consolidated management of cases.
(6) The capability for adjusting the index's programming at a later date if additional reporting requirements occur.
(7) A word processing capability to allow case notes to be recorded with each substantiated child abuse and neglect case.
As added by P.L.138-2007, SEC.67. Amended by P.L.131-2009, SEC.56; P.L.128-2012, SEC.156.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 26. Child Protection Index › 31-33-26-4. Case History File; Automatic Search Requirements

Sec. 4. (a) In addition to the components described in section 3 of this chapter, the index must have the capability to maintain a case history file.
(b) Whenever a person enters a new child abuse or neglect report into the index, the index must have the capability to automatically search for reports that match the name of the:
(1) perpetrator;
(2) victim; or
(3) person who is legally responsible for the victim's welfare;
with the persons named in the new report as described in this chapter.
(c) If the index identifies a previous, substantiated report, the index must have the capability to transfer the report to the county where the new report originated not later than twenty-four (24) hours after receipt of the new report. If a previous, matching report is located, a case history extract must be made available to the assigned caseworker.
As added by P.L.138-2007, SEC.67.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 26. Child Protection Index › 31-33-26-5. Establish Access Restrictions; Maintain Confidentiality; Read Only Access by Child Services Ombudsman

Sec. 5. (a) The department shall establish access restrictions in order to maintain the security and confidentiality of the index as required by this chapter.
(b) The department of child services ombudsman established by IC 4-13-19-3 shall have read only access to the index concerning:
(1) children who are the subject of complaints filed with; or
(2) cases being investigated by;
the department of child services ombudsman. The office of the department of child services ombudsman shall not have access to any information related to cases or information that involves the ombudsman or any member of the ombudsman's immediate family.
As added by P.L.138-2007, SEC.67. Amended by P.L.182-2009(ss), SEC.383; P.L.162-2011, SEC.47.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 26. Child Protection Index › 31-33-26-6. Data Storage and Retrieval Requirements

Sec. 6. The department shall store data regarding child abuse or neglect reports in a manner that allows the data to be retrieved based on the following, if known:
(1) The child's name.
(2) The child's date of birth.
(3) The alleged perpetrator's name.
(4) The child's mother's name.
(5) The child's father's name.
(6) The name of a sibling of the child.
(7) The name of the child's guardian or custodian if applicable.
As added by P.L.138-2007, SEC.67.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 26. Child Protection Index › 31-33-26-7. Adoption of Rules

Sec. 7. The department may adopt rules under IC 4-22-2 to ensure that the confidentiality of and access to reports of child abuse or neglect are maintained as provided in this chapter.
As added by P.L.138-2007, SEC.67.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 26. Child Protection Index › 31-33-26-8. Notification After Index Entry; Notice to Perpetrators; Request for Administrative Hearing

Sec. 8. (a) This section does not apply to substantiated reports if a court has determined that a child is a child in need of services based on:
(1) a report of child abuse or neglect that names the perpetrator as the individual who committed the child abuse or neglect; or
(2) facts presented to the court at a hearing in a child in need of services case commenced under IC 31-34 that are consistent with the facts and conclusions stated in the report, if the department approved the substantiated report after the court's determination.
(b) Not later than thirty (30) days after the department enters a substantiated child abuse or neglect report into the index, the department shall notify:
(1) the parent, guardian, or custodian of the child who is named in the report as the victim of the child abuse or neglect; and
(2) any person identified as the perpetrator, if other than the child's parent, guardian, or custodian;
that the department has entered the report into the index.
(c) The department shall state the following in a notice to the perpetrator of a substantiated report under subsection (b):
(1) The report has been classified as substantiated.
(2) The perpetrator may request that a substantiated report be amended or expunged at an administrative hearing if the perpetrator does not agree with the classification of the report unless a court is in the process of making a determination.
(3) The perpetrator's request for an administrative hearing to contest the classification of a substantiated report must be received by the department not more than thirty (30) days after the notice is served on the perpetrator as provided in IC 4-21.5-3-1(b). Time shall be computed as provided in IC 4-21.5-3-2.
(d) If the perpetrator fails to request an administrative hearing within the time specified in subsection (c)(3), the perpetrator named in a substantiated report may request an administrative hearing to contest the classification of the report if the perpetrator demonstrates that the failure to request an administrative hearing was due to excusable neglect or fraud. The Indiana Rules of Civil Procedure provide the standard for excusable neglect or fraud.
As added by P.L.138-2007, SEC.67.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 26. Child Protection Index › 31-33-26-9. Administrative Hearings; Evidentiary Standards; Consideration of Hearsay; Amendment or Expungement of Reports; Confidentiality; Decisions Provided to the Department of Education

Sec. 9. (a) Except as provided in sections 11 and 12 of this chapter, the department shall conduct, or request that the office of administrative law proceedings assign an administrative hearing officer to conduct, an administrative hearing upon a request made under section 8 of this chapter.
(b) At the administrative hearing, the department must prove by a preponderance of credible evidence that the perpetrator is responsible for the child's abuse or neglect.
(c) During an administrative hearing under this section, the administrative hearing officer shall consider hearsay evidence to be competent evidence and may not exclude hearsay based on the technical rules of evidence. If not objected to, the hearsay evidence may form the basis for an order. However, if the evidence is properly objected to and does not fall within a recognized exception to the hearsay rule, the resulting order may not be based solely upon the hearsay evidence.
(d) If the department fails to carry the burden of proof under subsection (b), the department shall amend or expunge the report as ordered by the administrative hearing officer within the period provided under section 15 of this chapter.
(e) The department and, if an administrative law judge has been assigned by the office of administrative law proceedings, the office of administrative law proceedings, shall maintain the confidentiality of an abuse or a neglect report during the administrative process.
(f) The administrative hearing shall be closed.
(g) The administrative files shall be closed and not disclosed to the public.
(h) The department shall provide a copy of a decision and the written final agency action resulting from an administrative hearing under this section to the department of education if:
(1) the alleged perpetrator is licensed by the department of education; or
(2) the incident happened on school property or at a school function.
As added by P.L.138-2007, SEC.67. Amended by P.L.162-2011, SEC.48; P.L.48-2012, SEC.53; P.L.13-2021, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 26. Child Protection Index › 31-33-26-10. Administration of Index

Sec. 10. The department shall administer the index in a manner that enables the department to do the following:
(1) Immediately identify and locate prior reports of child abuse or neglect through the use of the department's:
(A) computerized tracking system; and
(B) automated risk assessment system.
(2) Track steps in the investigative process to ensure compliance with all requirements for a report of child abuse or neglect.
(3) Maintain and produce aggregate statistical reports monitoring patterns of child abuse and neglect that the department shall make available to the public upon request.
(4) Serve as a resource for the evaluation, management, and planning of preventive and remedial services to children who have been subject to child abuse or neglect.
As added by P.L.138-2007, SEC.67.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 26. Child Protection Index › 31-33-26-11. Binding Court Determinations; Stay of Administrative Hearings; Perpetrator Entitlement to Administrative Hearings

Sec. 11. (a) If a court having jurisdiction over a child in need of services case under IC 31-34 has determined or is anticipated to determine whether:
(1) a report of suspected child abuse or neglect is properly substantiated;
(2) child abuse or neglect occurred; or
(3) any person was a perpetrator of child abuse or neglect;
the determination of the court is binding.
(b) The administrative hearing under this chapter shall be stayed pending an anticipated action by the court.
(c) A person named as a perpetrator in a report of suspected child abuse or neglect is not entitled to an administrative hearing under this chapter if a court has determined that:
(1) the alleged child abuse or neglect did not occur; or
(2) the person was not a perpetrator of the alleged child abuse or neglect.
(d) The administrative hearing under this chapter shall be stayed pending the conclusion of any program of informal adjustment entered into by the perpetrator of the alleged child abuse or neglect.
As added by P.L.138-2007, SEC.67. Amended by P.L.48-2012, SEC.54.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 26. Child Protection Index › 31-33-26-12. Criminal Charges Against a Perpetrator; Entitlement to Administrative Hearings

Sec. 12. (a) If criminal charges are filed against a perpetrator based on the same facts and circumstances on which the department classified a child abuse or neglect report as substantiated, any administrative hearing requested by the perpetrator under this chapter shall be stayed pending disposition of the criminal charges.
(b) If the criminal charges result in the conviction of the perpetrator and the facts that provided a necessary element for the conviction also provided the basis for the substantiated report under IC 31-33-8-12, the person named in the report as a perpetrator of child abuse or neglect is not entitled to an administrative hearing under this chapter.
As added by P.L.138-2007, SEC.67.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 26. Child Protection Index › 31-33-26-13. Adoption of Rules

Sec. 13. The department shall adopt rules under IC 4-22-2:
(1) to provide procedures not inconsistent with section 9 of this chapter by which any person identified as a perpetrator in a substantiated report of child abuse or neglect that is entered into the child protection index may request and obtain an administrative hearing as provided in this chapter;
(2) to establish procedures for the conduct of the administrative hearing; and
(3) to establish provisions for administrative review by the department of a proposed or approved substantiated report, before or after an administrative hearing is available or conducted.
As added by P.L.138-2007, SEC.67.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 26. Child Protection Index › 31-33-26-14. Amendment or Expungement From Index of Inaccurate Report

Sec. 14. The department shall immediately amend or expunge from the index a substantiated report containing an inaccuracy arising from an administrative or a clerical error.
As added by P.L.138-2007, SEC.67.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 26. Child Protection Index › 31-33-26-15. Expungement and Amendment of Record Procedures

Sec. 15. (a) The department shall expunge a substantiated report contained within the index not later than ten (10) working days after any of the following occurs:
(1) A court having jurisdiction over a child in need of services proceeding determines that child abuse or neglect has not occurred.
(2) An administrative hearing officer under this chapter has issued a recommendation regarding a child abuse or neglect report and the ultimate authority of the department has issued a written final agency action determining that the report is unsubstantiated.
(3) A court having juvenile jurisdiction enters an order for expungement of the report under IC 31-33-27-5.
(b) The department shall amend a substantiated report contained in the index by deleting the name of an alleged perpetrator if:
(1) a court having jurisdiction over a child in need of services proceeding; or
(2) the ultimate authority of the department, after issuance of a recommendation by an administrative hearing officer under this chapter;
finds that the person was not a perpetrator of the child abuse or neglect that occurred.
As added by P.L.138-2007, SEC.67. Amended by P.L.131-2009, SEC.57; P.L.48-2012, SEC.55; P.L.13-2021, SEC.14.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 26. Child Protection Index › 31-33-26-17. Name Changes

Sec. 17. (a) If a court grants a name change under IC 34-28-2 (or IC 34-4-6 before its repeal) to a person:
(1) against whom an allegation of child abuse or neglect has been substantiated; and
(2) whose name is maintained within the index in accordance with this chapter;
the person must notify the department regarding the name change not more than ten (10) business days after the court enters a decree changing the person's name.
(b) The notice under subsection (a) must include a copy of the decree of the court that changes the name of the person, certified under the seal of the clerk of court.
As added by P.L.138-2007, SEC.67.