This Indiana statute establishes the statewide framework for reporting, receiving, and investigating suspected child abuse and neglect. It requires mandatory reporters (including facility staff) to immediately report to the Department of Child Services (DCS) or law enforcement, creates community child protection teams in each county, and sets timelines and procedures for DCS and law enforcement investigations. Facility operators must be aware that staff cannot delegate or delay reporting duties, and that DCS will send follow-up reports to institutions (hospitals, group homes, child caring institutions, child placing agencies, etc.) that originate abuse/neglect reports.
View official sourceARTICLE 33. JUVENILE LAW: REPORTING AND INVESTIGATION OF CHILD ABUSE AND NEGLECT Ch. 1. General Provisions Ch. 1.5. Repealed Ch. 2. Repealed Ch. 3. Community Child Protection Team Ch. 4. Repealed Ch. 5. Duty to Report Child Abuse or Neglect Ch. 6. Immunity of Persons Who Report Child Abuse or Neglect Ch. 7. Receipt of Reports of Suspected Child Abuse or Neglect Ch. 8. Investigation of Reports of Suspected Child Abuse or Neglect Ch. 8.5. Investigation of a School, Facility, or Organization Ch. 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 Ch. 10. Duty of Health Care Provider to Examine, Photograph, and X-ray Child Who Is Subject of Child Abuse or Neglect Report Ch. 11. Duty of Hospital Not to Release Child Who Is Subject of Child Abuse or Neglect Report Ch. 12. Repealed Ch. 13. Repealed Ch. 14. Referral of Case to Juvenile Court Following Investigation of Report of Child Abuse or Neglect; Juvenile Court Proceeding Ch. 15. Appointment of Guardian Ad Litem or Court Appointed Special Advocate Ch. 16. Review of Status of Child by Juvenile Court Ch. 17. Repealed Ch. 18. Disclosure of Reports; Confidentiality Requirements Ch. 18.5. Child Fatalities Public Transparency Ch. 19. Repealed Ch. 20. Repealed Ch. 21. Repealed Ch. 22. Offenses; Access to Unsubstantiated False Reports Ch. 23. Repealed Ch. 24. Repealed Ch. 25. Repealed Ch. 26. Child Protection Index Ch. 27. Expungement of Child Abuse or Neglect Reports IC 31-33-1 Chapter 1. General Provisions 31-33-1-1 Purpose of article 31-33-1-2 Judge may directly contact local DCS office IC 31-33-1-1 Purpose of article Sec. 1. The purpose of this article is to: (1) encourage effective reporting of suspected or known incidents of child abuse or neglect; (2) provide effective child services to quickly investigate reports of child abuse or neglect; (3) provide protection for an abused or a neglected child from further abuse or neglect; (4) provide rehabilitative services for an abused or a neglected child and the child's parent, guardian, or custodian; and (5) establish a centralized statewide child abuse registry and an automated child protection system. [Pre-1997 Recodification Citation: 31-6-11-1.] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.94. IC 31-33-1-2 Judge may directly contact local DCS office Sec. 2. When confronted with a potential case of child abuse or neglect, a judge who wishes to contact the department shall first use the child abuse hotline to report the suspected child abuse or neglect to the department. If the: (1) judge does not obtain a response from the child abuse hotline; or (2) response the judge obtains from the hotline will not, in the opinion of the judge, serve the best interests of the child; the judge may contact a local office of the department directly to report the suspected child abuse or neglect. As added by P.L.158-2013, SEC.317. IC 31-33-1.5 Chapter 1.5. Repealed Repealed by P.L.145-2006, SEC.376. IC 31-33-2 Chapter 2. Repealed [Pre-1997 Recodification Citations: 31-33-2-1 formerly 31-6-11-10(a) part 31-33-2-2 formerly 31-6-11-10(a) part 31-33-2-3 formerly 31-6-11-10(b) 31-33-2-4 formerly 31-6-11-6(c) part 31-33-2-5 formerly 31-6-11-6(c) part 31-33-2-6 formerly 31-6-11-10(c) 31-33-2-7 formerly 31-6-11-10(d) 31-33-2-8 formerly 31-6-11-10(e) 31-33-2-9 formerly 31-6-11-10(h) part.] Repealed by P.L.145-2006, SEC.376. IC 31-33-3 Chapter 3. Community Child Protection Team 31-33-3-1 Community child protection team established; members 31-33-3-2 Election of team coordinator 31-33-3-3 Duties of team coordinator 31-33-3-4 Meetings; agenda 31-33-3-5 Recommendation to the department of child services 31-33-3-6 Review of child abuse and neglect cases and complaints 31-33-3-7 Periodic reports 31-33-3-8 Confidentiality of matters reviewed IC 31-33-3-1 Community child protection team established; members Sec. 1. (a) A community child protection team is established in each county. The community child protection team is a countywide, multidisciplinary child protection team. The team must include the following thirteen (13) members who reside in, or provide services to residents of, the county in which the team is to be formed: (1) The director of the local office that provides child welfare services in the county or the local office director's designee. (2) Two (2) designees of the juvenile court judge. (3) The prosecuting attorney or the prosecuting attorney's designee. (4) The county sheriff or the sheriff's designee. (5) Either: (A) the president of the county executive in a county not containing a consolidated city or the president's designee; or (B) the executive of a consolidated city in a county containing a consolidated city or the executive's designee. (6) A director of a court appointed special advocate or guardian ad litem program or the director's designee in the county in which the team is to be formed. (7) Either: (A) a public school superintendent or the superintendent's designee; or (B) a director of a local special education cooperative or the director's designee. (8) Two (2) persons, each of whom is a physician or nurse, with experience in pediatrics or family practice. (9) Two (2) residents of the county. (10) The chief law enforcement officer of the largest law enforcement agency in the county (other than the county sheriff) or the chief law enforcement officer's designee. (b) The director of the local office serving the county shall appoint, subject to the approval of the director of the department, the members of the team under subsection (a)(7), (a)(8), and (a)(9). [Pre-1997 Recodification Citation: 31-6-11-14(b), (c), (d) part.] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.102; P.L.146-2008, SEC.574; P.L.148-2024, SEC.17. IC 31-33-3-2 Election of team coordinator Sec. 2. The team shall elect a team coordinator from the team's membership. [Pre-1997 Recodification Citation: 31-6-11-14(d) part.] As added by P.L.1-1997, SEC.16. IC 31-33-3-3 Duties of team coordinator Sec. 3. The team coordinator shall supply the community child protection team with the following: (1) Copies of reports of child abuse or neglect under IC 31-33-7-1 . (2) Any other information or reports that the coordinator considers essential to the team's deliberations. [Pre-1997 Recodification Citation: 31-6-11-15(a), (b).] As added by P.L.1-1997, SEC.16. IC 31-33-3-4 Meetings; agenda Sec. 4. (a) The community child protection team shall meet: (1) at least one (1) time each month; or (2) at the times that the team's services are needed by the department. (b) Meetings of the team shall be called by the majority vote of the members of the team. (c) The team coordinator or at least two (2) other members of the team may determine the agenda. (d) Notwithstanding IC 5-14-1.5 , meetings of the team are open only to persons authorized to receive information under this article. [Pre-1997 Recodification Citation: 31-6-11-15(c), (d), (e), (f).] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.103. IC 31-33-3-5 Recommendation to the department of child services Sec. 5. The community child protection team may recommend to the department that a petition be filed in the juvenile court on behalf of the subject child if the team believes this would best serve the interests of the child. [Pre-1997 Recodification Citation: 31-6-11-15(g).] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.104; P.L.162-2011, SEC.43. IC 31-33-3-6 Review of child abuse and neglect cases and complaints Sec. 6. The community child protection team may receive and review: (1) any case that the department has been involved in within the county where the team presides; and (2) complaints regarding child abuse and neglect cases that are brought to the team by a person or an agency. [Pre-1997 Recodification Citation: 31-6-11-15(h).] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.105. IC 31-33-3-7 Periodic reports Sec. 7. (a) The community child protection team shall prepare a periodic report regarding the child abuse and neglect reports and complaints that the team reviews under this chapter. (b) The periodic report may include the following information: (1) The number of complaints under section 6 of this chapter that the team receives and reviews each month. (2) A description of the child abuse and neglect reports that the team reviews each month, including the following information: (A) The scope and manner of the interviewing process during the child abuse or neglect assessment. (B) The timeliness of the assessment. (C) The number of children removed from the home. (D) The types of services offered. (E) The number of child abuse and neglect cases filed with a court. (F) The reasons that certain child abuse and neglect cases are not filed with a court. [Pre-1997 Recodification Citation: 31-6-11-15(j).] As added by P.L.1-1997, SEC.16. Amended by P.L.146-2008, SEC.575; P.L.131-2009, SEC.39. IC 31-33-3-8 Confidentiality of matters reviewed Sec. 8. The members of the community child protection team are bound by all applicable laws regarding the confidentiality of matters reviewed by the team. [Pre-1997 Recodification Citation: 31-6-11-15(i).] As added by P.L.1-1997, SEC.16. IC 31-33-4 Chapter 4. Repealed [Pre-1997 Recodification Citations: 31-33-4-1 formerly 31-6-11-10(f) 31-33-4-2 formerly 31-6-11-10(g) part 31-33-4-3 formerly 31-6-11-10(g) part 31-33-4-4 formerly 31-6-11-10(h) part.] Repealed by P.L.104-2015, SEC.31. IC 31-33-5 Chapter 5. Duty to Report Child Abuse or Neglect 31-33-5-1 Duty to make report 31-33-5-2 Report; exception for delegation of duty to report; notification of individual in charge 31-33-5-2.5 Repealed 31-33-5-3 Effect of compliance on individual's own duty to report 31-33-5-4 Immediate oral or written report to department of child services or law enforcement agency 31-33-5-5 Prohibition on policy that restricts or delays an individual's duty to report IC 31-33-5-1 Duty to make report Sec. 1. In addition to any other duty to report arising under this article, an individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report as required by this article. [Pre-1997 Recodification Citation: 31-6-11-3(a).] As added by P.L.1-1997, SEC.16. IC 31-33-5-2 Report; exception for delegation of duty to report; notification of individual in charge Sec. 2. (a) If an individual is required to make a report under this article in the individual's capacity as a member of the staff of a public or private institution, school, facility, organization, or agency, the individual shall immediately make a report to: (1) the department; or (2) the appropriate law enforcement agency. The individual does not have discretion to decide not to report known or suspected child abuse or neglect, unless a report has already been made and documented by the individual in charge under subsection (d). (b) An individual required to make a report of known or suspected child abuse or neglect may not delegate the duty to make the report to another individual, unless: (1) the individual to whom the duty is being delegated is part of the child's care team and has personally been involved in the child's care; and (2) the notification of suspected child abuse or neglect made to the individual described in subdivision (1) is in writing. (c) The individual described in subsection (b)(1) shall immediately report the suspected child abuse or neglect to the appropriate law enforcement agency or the department. As soon as possible after making the report to law enforcement or the department, the individual described in subsection (b)(1) shall do the following: (1) Record in writing that they were notified of suspected child abuse or neglect, including the identity of the person who notified them, the date and time that they received the notification, and the date and time that they reported the suspected child abuse or neglect to law enforcement or the department of child services. (2) Place or cause to be placed in the child's medical file: (A) the details included in the report to law enforcement or the department of child services, including the date and time; (B) the condition of the child at the time the report was made, if known; and (C) any other relevant and necessary information. (d) After making the report, the individual required to make the report and the individual described in subsection (b)(1) shall notify the individual in charge of the institution, school, facility, organization, or agency or the designated agent of the individual in charge of the institution, school, facility, organization, or agency that the report was made. [Pre-1997 Recodification Citation: 31-6-11-3(b) part.] As added by P.L.1-1997, SEC.16. Amended by P.L.106-2016, SEC.24; P.L.183-2017, SEC.32; P.L.168-2025, SEC.4. IC 31-33-5-2.5 Repealed As added by P.L.183-2017, SEC.33. Repealed by P.L.168-2025, SEC.5. IC 31-33-5-3 Effect of compliance on individual's own duty to report Sec. 3. This chapter does not relieve an individual of the obligation to report on the individual's own behalf, unless a report has already been made to the best of the individual's belief. [Pre-1997 Recodification Citation: 31-6-11-3(b) part.] As added by P.L.1-1997, SEC.16. IC 31-33-5-4 Immediate oral or written report to department of child services or law enforcement agency Sec. 4. (a) Except as provided in subsection (b), a person who has a duty under this chapter to report that a child may be a victim of child abuse or neglect shall immediately make an oral or written report to: (1) the department; or (2) the appropriate law enforcement agency. (b) A person who has a duty under section 2(c) of this chapter to report that a child may be a victim of child abuse or neglect shall immediately make an oral or written report to: (1) the department; or (2) the appropriate law enforcement agency. [Pre-1997 Recodification Citation: 31-6-11-4.] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.107; P.L.183-2017, SEC.34; P.L.168-2025, SEC.6. IC 31-33-5-5 Prohibition on policy that restricts or delays an individual's duty to report Sec. 5. (a) This section does not apply to a hospital licensed under IC 16-21-2 . (b) A medical institution or other public or private institution, public or nonpublic school, school corporation, facility, or agency may not establish any policy that restricts or delays the duty of an employee or individual to report under this chapter. As added by P.L.183-2017, SEC.35. IC 31-33-6 Chapter 6. Immunity of Persons Who Report Child Abuse or Neglect 31-33-6-1 Immunity from civil or criminal liability 31-33-6-2 Exception for gross negligence or willful or wanton misconduct 31-33-6-3 Presumption of good faith IC 31-33-6-1 Immunity from civil or criminal liability Sec. 1. (a) Except as provided in subsection (b) and section 2 of this chapter, a person, other than a person accused of child abuse or neglect, who: (1) makes or causes to be made a report of a child who may be a victim of child abuse or neglect; (2) is a health care provider and detains a child for purposes of causing photographs, x-rays, or a medical examination to be made under IC 31-33-10 ; (3) makes any other report of a child who may be a victim of child abuse or neglect; (4) participates in or assists with an investigation by the department or a law enforcement agency resulting from a report that a child may be a victim of child abuse or neglect, including by transferring photographs, x-rays, or medical examination records completed under subdivision (2); (5) is a health care provider and provides professional intervention resulting from a report that a child may be a victim of child abuse or neglect, including: (A) providing care or treatment to the child; (B) participating in a case review concerning the child; (C) providing advice or consultation concerning the child; (D) disclosing medical records and other health information concerning the child, in accordance with federal or state law governing the disclosure of medical records; (E) providing information to a child fatality review team; or (F) recommending judicial action concerning a child; or (6) participates, including testifying as a witness, in any judicial proceeding or other proceeding: (A) resulting from a report that a child may be a victim of child abuse or neglect; or (B) relating to the subject matter of the report; is immune from any civil or criminal liability that might otherwise be imposed because of such actions, even if the reported child abuse or neglect is classified by the department as unsubstantiated. (b) Subsection (a) does not apply to an action brought against a qualified health care provider for medical malpractice under IC 34-18-8 . [Pre-1997 Recodification Citation: 31-6-11-7 part.] As added by P.L.1-1997, SEC.16. Amended by P.L.106-2018, SEC.2. IC 31-33-6-2 Exception for gross negligence or willful or wanton misconduct Sec. 2. Immunity does not attach for a person who has acted with: (1) gross negligence; or (2) willful or wanton misconduct. [Pre-1997 Recodification Citation: 31-6-11-7 part.] As added by P.L.1-1997, SEC.16. Amended by P.L.106-2018, SEC.3. IC 31-33-6-3 Presumption of good faith Sec. 3. A person making a report that a child may be a victim of child abuse or neglect or assisting in any requirement of this article is presumed to have acted in good faith. [Pre-1997 Recodification Citation: 31-6-11-7 part.] As added by P.L.1-1997, SEC.16. IC 31-33-7 Chapter 7. Receipt of Reports of Suspected Child Abuse or Neglect 31-33-7-1 Arrangement for receipt of reports 31-33-7-2 Standardized phone access system 31-33-7-3 Child abuse hotline 31-33-7-4 Written report; contents 31-33-7-5 Written report; copies made available to law enforcement agencies, prosecuting attorney, and coroner 31-33-7-6 Coroner's investigation and report 31-33-7-6.5 Repealed 31-33-7-7 Law enforcement agency investigation and communication of information 31-33-7-8 Reports after initiation of assessment or investigation; contents; confidentiality IC 31-33-7-1 Arrangement for receipt of reports Sec. 1. The department shall arrange for receipt, on a twenty-four (24) hour, seven (7) day per week basis, of all reports under this article of suspected child abuse or neglect. [Pre-1997 Recodification Citation: 31-6-11-11(a).] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.108. IC 31-33-7-2 Standardized phone access system Sec. 2. To carry out section 1 of this chapter, the department must use a phone access system for receiving calls that is standardized among all counties. The department shall adopt rules under IC 4-22-2 for the administration of this section. [Pre-1997 Recodification Citation: 31-6-11-11(b).] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.109. IC 31-33-7-3 Child abuse hotline Sec. 3. The department shall cause to be inserted in each local telephone directory in the county a listing of the child abuse hotline's telephone number under the name "child abuse hotline". The child abuse hotline number under this section must be included with the other emergency numbers listed in the directory. [Pre-1997 Recodification Citation: 31-6-11-11(c).] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.110. IC 31-33-7-4 Written report; contents Sec. 4. (a) Except as provided in subsection (b), the department shall make a written report of a child who may be a victim of child abuse or neglect not later than forty-eight (48) hours after receipt of the oral or written report required of individuals by IC 31-33-5-4 . (b) The department shall make a written report of a child who is a missing child (as defined in IC 10-13-5-4 ) not later than twenty-four (24) hours after receipt of the oral or written report required of individuals by IC 31-33-5-4 . (c) Written reports under this section must be made on forms supplied by the administrator. The written reports must include, if known, the following information: (1) The names and addresses of the following: (A) The child. (B) The child's parents, guardian, custodian, or other person responsible for the child's care. (2) The child's age and sex. (3) The nature and apparent extent of the child's injuries, abuse, or neglect, including any evidence of prior: (A) injuries of the child; or (B) abuse or neglect of the child or the child's siblings. (4) The name of the person allegedly responsible for causing the injury, abuse, or neglect. (5) The source of the report. (6) The person making the report and where the person can be reached. (7) The actions taken by the reporting source, including the following: (A) Taking of photographs and x-rays. (B) Removal or keeping of the child. (C) Notifying the coroner. (8) The written documentation required by IC 31-34-2-3 if a child was taken into custody without a court order. (9) If the report concerns a missing child, any information concerning the time and circumstances related to the child becoming a missing child, including the child's last known location. (10) Any other information that: (A) the director requires by rule; or (B) the person making the report believes might be helpful. [Pre-1997 Recodification Citation: 31-6-11-5(a).] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.111; P.L.183-2017, SEC.36. IC 31-33-7-5 Written report; copies made available to law enforcement agencies, prosecuting attorney, and coroner Sec. 5. A copy of the written report of the department shall immediately be made available to: (1) the appropriate law enforcement agency; (2) the prosecuting attorney; and (3) in a case involving death, the coroner for the coroner's consideration. [Pre-1997 Recodification Citation: 31-6-11-5(b) part.] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.112. IC 31-33-7-6 Coroner's investigation and report Sec. 6. Upon receiving a written report under section 5(3) of this chapter, the coroner shall: (1) accept a report for investigation; and (2) report the coroner's findings to: (A) the appropriate law enforcement agency; (B) the prosecuting attorney; (C) the department; and (D) the hospital if the institution making the report is a hospital. [Pre-1997 Recodification Citation: 31-6-11-5(b) part.] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.113. IC 31-33-7-6.5 Repealed As added by P.L.2-1998, SEC.78. Amended by P.L.234-2005, SEC.114; P.L.131-2009, SEC.40. Repealed by P.L.48-2012, SEC.38. IC 31-33-7-7 Law enforcement agency investigation and communication of information Sec. 7. (a) When a law enforcement agency receives an initial report under IC 31-33-5-4 that a child may be a victim of child abuse or neglect, the law enforcement agency shall: (1) immediately communicate the report to the department, whether or not the law enforcement agency has reason to believe there exists an imminent danger to the child's health or welfare; and (2) conduct an immediate, onsite assessment of the report along with the department whenever the law enforcement agency has reason to believe that an offense has been committed. (b) In all cases, the law enforcement agency shall forward any information, including copies of assessment reports, on incidents of cases in which a child may be a victim of child abuse or neglect, whether or not obtained under this article, to: (1) the department; and (2) the juvenile court under IC 31-34-7 . [Pre-1997 Recodification Citation: 31-6-11-12.] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.115; P.L.131-2009, SEC.41. IC 31-33-7-8 Reports after initiation of assessment or investigation; contents; confidentiality Sec. 8. (a) This section applies if the department receives a report of suspected child abuse or neglect from: (1) a hospital; (2) a community mental health center; (3) a managed care provider (as defined in IC 12-7-2.1-219 ); (4) a referring physician; (5) a dentist; (6) a licensed psychologist; (7) a school; (8) a child caring institution licensed under IC 31-27 ; (9) a group home licensed under IC 31-27 or IC 12-28-4 ; (10) a secure private facility; or (11) a child placing agency (as defined in IC 31-9-2.1-46 ). (b) Not later than forty-five (45) days after the date the department initiates an assessment or investigation of a report of suspected child abuse or neglect from a person described in subsection (a), the department shall send a report to: (1) the administrator of the hospital; (2) the community mental health center; (3) the managed care provider; (4) the referring physician; (5) the dentist; (6) the principal of the school; (7) a licensed psychologist; (8) a child caring institution licensed under IC 31-27 ; (9) a group home licensed under IC 31-27 or IC 12-28-4 ; (10) a secure private facility; or (11) a child placing agency (as defined in IC 31-9-2.1-46 ). The report must contain the items listed in subsection (d) that are known at the time the report is sent. (c) The administrator, director, referring physician, dentist, licensed psychologist, or principal may appoint a designee to receive the report. (d) A report made by the department under this section must contain the following information: (1) The name of the alleged victim of child abuse or neglect. (2) The name of the alleged perpetrator and the alleged perpetrator's relationship to the alleged victim. (3) Whether the assessment is closed. (4) Whether the department has made an assessment of the case and has not taken any further action. (5) The caseworker's name and telephone number. (6) The date the report is prepared. (7) Other information that the department may prescribe. (e) A report made under this section: (1) is confidential; and (2) may be made available only to: (A) the agencies named in this section; and (B) the persons and agencies listed in IC 31-33-18-2 . [Pre-1997 Recodification Citation: 31-6-11-22.] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.116; P.L.131-2009, SEC.42; P.L.162-2011, SEC.44; P.L.198-2019, SEC.6; P.L.145-2026, SEC.196. IC 31-33-8 Chapter 8. Investigation of Reports of Suspected Child Abuse or Neglect 31-33-8-1 Investigations by the department of child services; time of initiation; investigations of child care ministries 31-33-8-2 Investigations by law enforcement agencies 31-33-8-3 Photographs and x-rays 31-33-8-4 Notice to prosecuting attorney of reports involving child's death 31-33-8-5 Forwarding copies of reports to prosecuting attorney 31-33-8-6 Investigatory duties of department of child services; purpose 31-33-8-7 Scope of assessment by department of child services; order for access to home, school, or other place, or for mental or physical examinations; petition to interview child; order; requirements 31-33-8-7.5 Reporting of observed or suspected animal cruelty, abandonment, or neglect 31-33-8-8 Order for child's immediate removal; preparation of investigative report 31-33-8-9 Provision of copies of investigative report by department of child services 31-33-8-10 Provision of information and copies of investigative report by law enforcement agency 31-33-8-11 Law enforcement agency's duty to release information to department of child services 31-33-8-12 Classifying reports as substantiated or unsubstantiated 31-33-8-13 Court findings to be entered in the child protection index 31-33-8-14 Repealed 31-33-8-15 Provision of information by department of child services; no obligation or liability for providing information 31-33-8-16 Voluntary service referral agreements IC 31-33-8-1 Investigations by the department of child services; time of initiation; investigations of child care ministries Sec. 1. (a) The department shall initiate an appropriately thorough child protection assessment of every report of known or suspected child abuse or neglect the department receives, whether in accordance with this article or otherwise, unless the report is screened out and referred to a law enforcement agency. (b) If a report of known or suspected child abuse or neglect is received from a judge or prosecutor requesting the department to initiate a child protection assessment, the department shall initiate an assessment in accordance with this section. (c) If a report of known or suspected child abuse or neglect is received from: (1) medical personnel; (2) school personnel; (3) a social worker; (4) law enforcement officials or personnel; (5) judiciary personnel; or (6) prosecuting attorney personnel; the department shall forward the report to the local office to determine if the department will initiate an assessment in accordance with this section. (d) If the department believes that a child is in imminent danger of serious bodily harm, the department shall initiate an onsite assessment immediately, but not later than two (2) hours, after receiving the report. (e) If the report alleges a child may be a victim of child abuse, the assessment shall be initiated immediately, but not later than twenty-four (24) hours after receipt of the report. (f) If reports of child neglect are received, the assessment shall be initiated within a reasonably prompt time, but not later than five (5) days, with the primary consideration being the well-being of the child who is the subject of the report. (g) If the report alleges that a child lives with a parent, guardian, or custodian who is married to or lives with a person who: (1) has been convicted of: (A) neglect of a dependent under IC 35-46-1-4 ; or (B) a battery offense under IC 35-42-4 ; or (2) is required to register as a sex or violent offender under IC 11-8-8 ; the department shall initiate an assessment within a reasonably prompt time, but not later than five (5) days after the department receives the report, with the primary consideration being the well-being of the child who is the subject of the report. (h) If the safety or well-being of a child appears to be endangered or the facts otherwise warrant, the assessment shall be initiated regardless of the time of day. (i) If a report alleges abuse or neglect and involves a child care ministry that is exempt from licensure under IC 12-17.2-6 , the department and the appropriate law enforcement agency shall jointly conduct an investigation. The investigation shall be conducted under the requirements of this section and section 2(b) of this chapter. [Pre-1997 Recodification Citation: 31-6-11-11(d) part.] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.117; P.L.124-2007, SEC.10; P.L.131-2009, SEC.43; P.L.205-2013, SEC.339; P.L.198-2019, SEC.7; P.L.84-2026, SEC.8. IC 31-33-8-2 Investigations by law enforcement agencies Sec. 2. (a) Upon the receipt of each report under this chapter of known or suspected child abuse, the department shall contact the law enforcement agency in the appropriate jurisdiction. (b) The law enforcement agency, with the department, shall conduct an immediate onsite investigation of the report if the law enforcement agency has reason to believe that an offense has been committed. The law enforcement agency shall investigate the alleged child abuse or neglect under this chapter in the same manner that the law enforcement agency conducts any other criminal investigation. [Pre-1997 Recodification Citation: 31-6-11-11(d) part.] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.118. IC 31-33-8-3 Photographs and x-rays Sec. 3. (a) Except as provided in subsection (b), the department shall: (1) cause color photographs to be taken of the areas of trauma visible on a child who is subject to a report; and (2) if medically indicated, cause a radiological examination of the child to be performed. (b) If the law enforcement agency participates in the assessment, the law enforcement agency shall cause the color photographs to be taken as provided by this section. (c) The department shall reimburse the expenses of the photographs and x-rays. [Pre-1997 Recodification Citation: 31-6-11-11(e).] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.119; P.L.131-2009, SEC.44. IC 31-33-8-4 Notice to prosecuting attorney of reports involving child's death Sec. 4. The law enforcement agency shall: (1) give telephone notice; and (2) immediately forward a copy; of reports made under this article that involve the death of a child to the appropriate prosecuting attorney. [Pre-1997 Recodification Citation: 31-6-11-11(f) part.] As added by P.L.1-1997, SEC.16. IC 31-33-8-5 Forwarding copies of reports to prosecuting attorney Sec. 5. The department shall immediately forward a copy of all reports made under this article to the appropriate prosecuting attorney if the prosecuting attorney has made a prior request to the service in writing for the copies. [Pre-1997 Recodification Citation: 31-6-11-11(f) part.] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.120. IC 31-33-8-6 Investigatory duties of department of child services; purpose Sec. 6. The department shall promptly make a thorough assessment upon either the oral or written report. The primary purpose of the assessment is the protection of the child. [Pre-1997 Recodification Citation: 31-6-11-11(g).] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.121; P.L.131-2009, SEC.45. IC 31-33-8-7 Scope of assessment by department of child services; order for access to home, school, or other place, or for mental or physical examinations; petition to interview child; order; requirements Sec. 7. (a) The department's assessment, to the extent that is reasonably possible, must include the following: (1) The nature, extent, and cause of the known or suspected child abuse or neglect. (2) The identity of the person allegedly responsible for the child abuse or neglect. (3) The names and conditions of other children in the home. (4) An evaluation of the parent, guardian, custodian, or person responsible for the care of the child. (5) The home environment and the relationship of the child to the parent, guardian, or custodian or other persons responsible for the child's care. (6) All other data considered pertinent. (b) The assessment may include the following: (1) A visit to the child's home. (2) An interview with the subject child: (A) upon receiving parental consent; (B) upon receiving a court order; or (C) if there are exigent circumstances as defined in IC 31-9-2.1-92 . (3) A physical, psychological, or psychiatric examination of any child in the home. (c) If: (1) admission to the home, the school, or any other place that the child may be; or (2) permission of the parent, guardian, custodian, or other persons responsible for the child for the physical, psychological, or psychiatric examination; under subsection (b) cannot be obtained, the juvenile court, upon good cause shown, shall follow the procedures under IC 31-32-12 . (d) If a custodial parent, a guardian, or a custodian of a child refuses to allow the department to interview the child after the caseworker has attempted to obtain the consent of the custodial parent, guardian, or custodian to interview the child, the department may petition a court to order the custodial parent, guardian, or custodian to make the child available to be interviewed by the caseworker. (e) If the court finds that: (1) a custodial parent, a guardian, or a custodian has been informed of the hearing on a petition described under subsection (d); and (2) the department has made reasonable and unsuccessful efforts to obtain the consent of the custodial parent, guardian, or custodian to interview the child; the court shall specify in the order the efforts the department made to obtain the consent of the custodial parent, guardian, or custodian and may grant the motion to interview the child, either with or without the custodial parent, guardian, or custodian being present. (f) If the department requests to interview a child at the child's school, the school, except a nonaccredited nonpublic school that has less than one (1) employee, shall grant access to the department to interview the child alone, if the department employee presents: (1) their department issued credential, or other proof of employment with the department, for inspection upon arrival at the school; and (2) a written statement that the department "has parental consent or a court order, or exigent circumstances exist as defined in IC 31-9-2.1-92 to interview [insert child's name]". The written statement under this subdivision shall not disclose any of the facts of the allegations or evidence and may be transmitted to the school electronically. (g) If the department provides a written statement under subsection (f)(2), the school shall: (1) not maintain the written statement in the child's file; and (2) protect the child and the child's family's confidentiality regarding the written statement and the interview. (h) If a parent, guardian, or custodian of a child who is the subject of a substantiated investigation of abuse or neglect is an active duty member of the military, the department shall notify the United States Department of Defense Family Advocacy Program of the assessment concerning the child of the active duty member of the military upon request. [Pre-1997 Recodification Citation: 31-6-11-11(h).] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.122; P.L.131-2009, SEC.46; P.L.162-2011, SEC.45; P.L.81-2016, SEC.2; P.L.183-2017, SEC.37; P.L.213-2021, SEC.2; P.L.78-2026, SEC.9; P.L.145-2026, SEC.197. IC 31-33-8-7.5 Reporting of observed or suspected animal cruelty, abandonment, or neglect Sec. 7.5. (a) If, during the assessment, a caseworker observes, or has reason to believe, that an animal is a victim of animal cruelty, abandonment, or neglect, the caseworker may make a report of the observed or suspected animal cruelty, abandonment, or neglect to: (1) the local law enforcement agency; or (2) the local animal control officer. (b) The information provided in a report under subsection (a) must include the following: (1) A name and description of the animal and the animal's condition. (2) The name and contact number, if known, of the owner or custodian of the animal. (3) The address or location of the observed or suspected animal cruelty, abandonment, or neglect. (4) The nature and apparent extent of the observed or suspected animal cruelty, abandonment, or neglect. (c) This section does not impose a duty or obligation on the caseworker to investigate known or suspected animal cruelty, abandonment, or neglect. (d) A caseworker who makes a report of an animal that may be a victim of animal cruelty, abandonment, or neglect is immune from any civil or criminal liability unless the caseworker made the report as a result of gross negligence or willful and wanton misconduct. (e) The identity of any caseworker who makes a report under this section is confidential. (f) This section does not expand or limit other laws concerning confidentiality requirements. As added by P.L.106-2018, SEC.4. IC 31-33-8-8 Order for child's immediate removal; preparation of investigative report Sec. 8. (a) If, before the assessment is complete, the opinion of the law enforcement agency or the department is that immediate removal is necessary to protect the child from further abuse or neglect, the juvenile court may issue an order under IC 31-32-13 . (b) The department shall make a complete written report of the assessment. (c) If a law enforcement agency participates in the assessment, the law enforcement agency shall also make a complete written report of the assessment. [Pre-1997 Recodification Citation: 31-6-11-11(i).] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.123; P.L.131-2009, SEC.47. IC 31-33-8-9 Provision of copies of investigative report by department of child services Sec. 9. (a) The department's report under section 8 of this chapter shall be made available to: (1) the appropriate court; (2) the prosecuting attorney; (3) the appropriate law enforcement agency; or (4) the United States Department of Defense Family Advocacy Program, if a parent, guardian, or custodian of a child who is the subject of a substantiated investigation of abuse or neglect is an active duty member of the military; upon request. (b) If child abuse or neglect is substantiated after an assessment is conducted under section 7 of this chapter, the department shall forward its report to the office of the prosecuting attorney having jurisdiction in the county in which the alleged child abuse or neglect occurred. (c) If the assessment substantiates a finding of child abuse or neglect as determined by the department, a report shall be sent to the coordinator of the community child protection team under IC 31-33-3 . [Pre-1997 Recodification Citation: 31-6-11-11(j).] As added by P.L.1-1997, SEC.16. Amended by P.L.35-1998, SEC.4; P.L.234-2005, SEC.124; P.L.131-2009, SEC.48; P.L.81-2016, SEC.3. IC 31-33-8-10 Provision of information and copies of investigative report by law enforcement agency Sec. 10. If the law enforcement agency participates in the child abuse or neglect assessment, the law enforcement agency shall forward all information, including copies of an assessment report under section 7 of this chapter, 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 office of the prosecuting attorney. [Pre-1997 Recodification Citation: 31-6-11-11(k).] As added by P.L.1-1997, SEC.16. Amended by P.L.131-2009, SEC.49. IC 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. IC 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. IC 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. IC 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. IC 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. IC 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. IC 31-33-8.5 Chapter 8.5. Investigation of a School, Facility, or Organization 31-33-8.5-1 Investigation by an appropriate law enforcement agency 31-33-8.5-2 Providing written report to the prosecuting attorney IC 31-33-8.5-1 Investigation by an appropriate law enforcement agency Sec. 1. If a report made under IC 31-33-5 alleges that a staff member, youth coach, or volunteer of an institution, school, facility, organization, or agency is the abuser, the appropriate law enforcement agency shall investigate the institution, school, facility, organization, or agency to determine whether the institution, school, facility, organization, or agency knew that the alleged abuse was happening and failed to report the alleged abuse. In determining whether the institution, school, facility, organization, or agency knew that the alleged abuse was happening, law enforcement may consider the following: (1) Whether there have been previous allegations against the staff member, youth coach, or volunteer. (2) Whether there are disciplinary records for the staff member, youth coach, or volunteer. (3) Whether the institution, school, facility, organization, or agency properly reported any previous: (A) allegations against the staff member, youth coach, or volunteer; or (B) disciplinary records involving the staff member's, youth coach's, or volunteer's inappropriate behavior with a minor. As added by P.L.168-2025, SEC.7. IC 31-33-8.5-2 Providing written report to the prosecuting attorney Sec. 2. If the appropriate law enforcement agency determines that an institution, school, facility, organization, or agency knew that the alleged abuse was happening and failed to report the alleged abuse, law enforcement shall provide the prosecuting attorney with a complete written report of the investigation. As added by P.L.168-2025, SEC.7. IC 31-33-9 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 31-33-9-2 Terms or conditions of protocol or agreement 31-33-9-3 Purchase of services of public or private agency IC 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. IC 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. IC 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. IC 31-33-10 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 31-33-10-2 Photographs, x-rays, and physical medical examinations; reimbursement of costs 31-33-10-3 Photographs, x-rays, and physical medical examinations; delivery to department of child services; notice of existence IC 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. IC 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. IC 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. IC 31-33-11 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 IC 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. IC 31-33-12 Chapter 12. Repealed [Pre-1997 Recodification Citations: 31-33-12-1 formerly 31-6-11-11(p) part 31-33-12-2 formerly 31-6-11-11(p) part 31-33-12-3 formerly 31-6-11-11(s).] Repealed by P.L.138-2007, SEC.93. IC 31-33-13 Chapter 13. Repealed [Pre-1997 Recodification Citations: 31-33-13-1 formerly 31-6-11-13.5(a) 31-33-13-2 formerly 31-6-11-13.5(b) 31-33-13-3 formerly 31-6-11-13.5(c) 31-33-13-4 formerly 31-6-11-13.5(d) 31-33-13-5 formerly 31-6-11-13.5(e).] Repealed by P.L.138-2007, SEC.93. IC 31-33-14 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 31-33-14-2 Duty of department of child services to assist court 31-33-14-3 Provision of services in cooperation with United States Department of Defense IC 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. IC 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. IC 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. IC 31-33-15 Chapter 15. Appointment of Guardian Ad Litem or Court Appointed Special Advocate 31-33-15-1 Appointment 31-33-15-2 Access to reports 31-33-15-3 Costs of services of guardian ad litem IC 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. IC 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. IC 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. IC 31-33-16 Chapter 16. Review of Status of Child by Juvenile Court 31-33-16-1 Review of status of child removed from family IC 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. IC 31-33-17 Chapter 17. Repealed [Pre-1997 Recodification Citations: 31-33-17-1 formerly 31-6-11-12.1(a) 31-33-17-2 formerly 31-6-11-12.1(b) 31-33-17-3 formerly 31-6-11-12.1(c) 31-33-17-4 formerly 31-6-11-12.1(d) 31-33-17-5 formerly 31-6-11-12.1(e) 31-33-17-6 formerly 31-6-11-12.1(f) 31-33-17-7 formerly 31-6-11-12.1(g) 31-33-17-8 formerly 31-6-11-12.2 31-33-17-9 formerly 31-6-11-12.6 part 31-33-17-10 formerly 31-6-11-25(a).] Repealed by P.L.138-2007, SEC.93. IC 31-33-18 Chapter 18. Disclosure of Reports; Confidentiality Requirements 31-33-18-1 Confidentiality; exceptions 31-33-18-1.5 Written findings; case information provided to department of child services; disclosure of redacted records to requesting party 31-33-18-1.6 "State legislator" 31-33-18-2 Disclosure of unredacted material to certain persons 31-33-18-3 Disclosure to qualified researchers 31-33-18-4 Notice to parent, guardian, or custodian of availability of reports, information, and juvenile court records; release form; copying costs 31-33-18-5 Confidentiality of recordings of calls to child abuse hotline 31-33-18-6 Review and certification of status of a child by the department 31-33-18-7 Notice to employer of child care worker who is subject of substantiated report IC 31-33-18-1 Confidentiality; exceptions Sec. 1. (a) Except as provided in sections 1.5 and 1.6 of this chapter and IC 31-33-18.5 , 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 sections 1.5 and 1.6 of this chapter and IC 31-33-18.5 , 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; P.L.84-2026, SEC.9. IC 31-33-18-1.5 Written findings; case information provided to department of child services; disclosure of redacted records to requesting party Sec. 1.5. (a) This section applies to records held by: (1) a local office; (2) the department; or (3) the department of child services ombudsman established by IC 4-13-19-3 ; regarding a child fatality or near fatality that may have been the result of abuse, abandonment, or neglect. (b) For purposes of subsection (a), a child fatality or near fatality may have been the result of abuse, abandonment, or neglect if: (1) an entity described in subsection (a) determines that a child fatality or near fatality is the result of abuse, abandonment, or neglect; or (2) a prosecuting attorney files: (A) an indictment or information; or (B) a complaint alleging the commission of a delinquent act; that, if proven, would cause a reasonable person to believe that a child fatality or near fatality may have been the result of abuse, abandonment, or neglect. Upon the request of any person, or upon its own motion, the court exercising juvenile jurisdiction in the county in which the child fatality or near fatality occurred shall determine whether the allegations contained in the indictment, information, or complaint described in subdivision (2), if proven, would cause a reasonable person to believe that the child fatality or near fatality may have been the result of abuse, abandonment, or neglect. (c) If the juvenile court finds that the child fatality or near fatality was the result of abuse, abandonment, or neglect, the court shall make written findings and provide a copy of the findings and the indictment, information, or complaint described under subsection (b)(2) to the department. (d) As used in this section: (1) "case" means: (A) any intake report or other documentation such as a referral or other matter received or generated by the department; (B) any investigation or assessment conducted by the department; or (C) ongoing involvement between the department and a child or family that is the result of: (i) a program of informal adjustment; or (ii) a child in need of services action; for which related records and documents have not been expunged as required by law or by a court at the time the department is notified of a child fatality or near fatality; (2) "contact" means in person communication about a case in which: (A) the child who is the victim of a fatality or near fatality is alleged to be a victim; or (B) the perpetrator of the child fatality or near fatality is alleged to be the perpetrator; (3) "identifying information" means information that identifies an individual, including an individual's: (A) name, address, date of birth, occupation, place of employment, and telephone number; (B) employer identification number, mother's maiden name, Social Security number, or any identification number issued by a governmental entity; (C) unique biometric data, including the individual's fingerprint, voice print, or retina or iris image; (D) unique electronic identification number, address, or routing code; (E) telecommunication identifying information; or (F) telecommunication access device, including a card, a plate, a code, an account number, a personal identification number, an electronic serial number, a mobile identification number, or another telecommunications service or device or means of account access; (4) "life threatening" means an injury or condition that is categorized as "serious" or "critical" in patient hospital records; and (5) "near fatality" means a severe childhood injury or condition that is certified by a physician as being life threatening. (e) This subsection does not apply to records concerning a child fatality or near fatality that the department is required to publish under IC 31-33-18.5 . Unless: (1) a police investigation or criminal prosecution is ongoing; or (2) information in a record is otherwise confidential under state or federal law; a record described in subsection (a) that has been redacted in accordance with this section is not confidential and may be disclosed to any person who requests the record. The person requesting the record may be required to pay the reasonable expenses of copying the record. (f) When a person requests a record described in subsection (a), the entity having control of the record shall immediately transmit a copy of the record to the court exercising juvenile jurisdiction in the county in which the child fatality or near fatality of the child occurred. However, if the court requests that the entity having control of a record transmit the original record, the entity shall transmit the original record. (g) Upon receipt of the record described in subsection (a), the court shall, within thirty (30) days, redact the record to exclude: (1) identifying information described in subsection (d)(3)(B) through (d)(3)(F) of a person; and (2) all identifying information of a child less than eighteen (18) years of age. (h) The court shall disclose the record redacted in accordance with subsection (g) to any person who requests the record, if the person has paid: (1) to the entity having control of the record, the reasonable expenses of copying under IC 5-14-3-8 ; and (2) to the court, the reasonable expenses of copying the record. (i) The data and information in a record disclosed under this section must include the following: (1) A summary of the report of abuse or neglect and a factual description of the contents of the report. (2) The age and gender of the child. (3) The cause of the fatality or near fatality, if the cause has been determined. (4) Whether the department had any contact with the child or the perpetrator before the fatality or near fatality, and, if the department had contact, the following: (A) The frequency of the contact with the child or the perpetrator before the fatality or near fatality and the date on which the last contact occurred before the fatality or near fatality. (B) A summary of the status of the child's case at the time of the fatality or near fatality, including: (i) whether the child's case was closed by the department before the fatality or near fatality; and (ii) if the child's case was closed as described under item (i), the date of closure and the reasons that the case was closed. (j) The court's determination under subsection (g) that certain identifying information or other information is not relevant to establishing the facts and circumstances leading to the fatality or near fatality of a child is not admissible in a criminal proceeding or civil action. As added by P.L.70-2004, SEC.15. Amended by P.L.234-2005, SEC.154; P.L.145-2006, SEC.284; P.L.131-2009, SEC.52; P.L.182-2009(ss), SEC.379; P.L.162-2011, SEC.46; P.L.128-2012, SEC.154; P.L.119-2013, SEC.11; P.L.23-2016, SEC.1; P.L.40-2019, SEC.2; P.L.77-2023, SEC.9; P.L.84-2026, SEC.10. IC 31-33-18-1.6 "State legislator" Sec. 1.6. (a) As used in this section, "state legislator" means: (1) a member of the United States Congress representing Indiana; or (2) a member of the general assembly; acting in the member's official capacity. (b) The department shall disclose information that: (1) concerns alleged or actual child abuse or neglect; and (2) is requested by a state legislator; to the state legislator not later than twenty (20) business days after receiving the state legislator's request for the information. (c) If requested by a state legislator under subsection (b), or as necessary to provide information responsive to the request of a state legislator under subsection (b), the department shall disclose to the state legislator: (1) unredacted department records regarding the alleged or actual child abuse or neglect, including the safe system review regarding the child abuse or neglect investigation; and (2) information regarding actions taken by other entities, including: (A) child welfare agencies; (B) guardians ad litem; (C) court appointed special advocates; and (D) court officers; with regard to the alleged or actual child abuse or neglect; including records or information that predate July 1, 2026. (d) A state legislator to whom an unredacted record is disclosed under this section may not permit disclosure of the record to a third party except in the interest of a legitimate government purpose in protecting children from child abuse or neglect. (e) The director or the director's designee may disclose information to the news media to confirm, clarify, correct, or supplement information concerning an alleged or actual occurrence of child abuse or neglect that has been made public by a source other than the department, if the disclosure is limited to factual information regarding the department's investigation of the alleged or actual occurrence of child abuse or neglect. (f) Not later than five (5) business days, or ten (10) business days for complex cases, after receiving a request from the news media regarding the death of a child whose death is suspected to be the result of child abuse or neglect, the department shall release to the news media the following information, to the extent the information is known: (1) The child's age. (2) The child's gender. (3) A summary of: (A) the actions taken by the department concerning the child, including any investigation of alleged child abuse and neglect concerning the child that was conducted by the department before the child's death or that was ongoing at the time of the child's death; and (B) any petition that was filed alleging that the child was a child in need of services, including the disposition of the petition. (g) A record released under this section that has been redacted to exclude the information described in section 1.5(g) of this chapter is not confidential. (h) This section shall be construed as broadly as possible consistent with other Indiana and federal law. As added by P.L.84-2026, SEC.11. IC 31-33-18-2 Disclosure of unredacted material to certain persons Sec. 2. Except as otherwise prohibited by federal law, the reports and other material described in section 1(a) of this chapter and the unredacted reports and other material described in section 1(b) of this chapter shall be made available only to the following: (1) Persons authorized by this article. (2) A legally mandated public or private child protective agency investigating a report of child abuse or neglect or treating a child or family that is the subject of a report or record. (3) Any of the following who are investigating a report of a child who may be a victim of child abuse or neglect: (A) A police officer or other law enforcement agency. (B) A prosecuting attorney. (C) A coroner, in the case of the death of a child. (4) A physician who has before the physician a child whom the physician reasonably suspects may be a victim of child abuse or neglect. (5) An individual legally authorized to place a child in protective custody if: (A) the individual has before the individual a child whom the individual reasonably suspects may be a victim of abuse or neglect; and (B) the individual requires the information in the report or record to determine whether to place the child in protective custody. (6) A person having the legal responsibility or authorization to care for, treat, or supervise a child who is the subject of a report or record, including a service provider that requires access to the unredacted reports or material to assess: (A) the suitability of the provider or the provider's services for the child; or (B) the suitability of the child for the provider or for the provider's services; before providing care, treatment, or supervision for the child. (7) A parent, guardian, custodian, or other person who is responsible for the child's welfare. (8) An individual named in the report or record who is alleged to be abused or neglected or, if the individual named in the report is a child or is otherwise incompetent, the individual's guardian ad litem or the individual's court appointed special advocate, or both. (9) Each parent, guardian, custodian, or other person responsible for the welfare of a child named in a report or record and an attorney of the person described under this subdivision, with protection for the identity of reporters and other appropriate individuals. (10) A court, for redaction of the record in accordance with section 1.5 of this chapter, or upon the court's finding that access to the records may be necessary for determination of an issue before the court. However, except for disclosure of a redacted record in accordance with section 1.5 of this chapter, access is limited to in camera inspection unless the court determines that public disclosure of the information contained in the records is necessary for the resolution of an issue then pending before the court. (11) A grand jury upon the grand jury's determination that access to the records is necessary in the conduct of the grand jury's official business. (12) An appropriate state or local official responsible for child protection services or legislation, including a member of the general assembly, carrying out the official's official functions. (13) The community child protection team appointed under IC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request, to enable the team to carry out the team's purpose under IC 31-33-3 . (14) A person about whom a report has been made, with protection for the identity of: (A) any person reporting known or suspected child abuse or neglect; and (B) any other person if the person or agency making the information available finds that disclosure of the information would be likely to endanger the life or safety of the person. (15) An employee of the department, a caseworker, or a juvenile probation officer conducting a criminal history check under IC 31-26-5 , IC 31-34 , or IC 31-37 to determine the appropriateness of an out-of-home placement for a: (A) child at imminent risk of placement; (B) child in need of services; or (C) delinquent child. The results of a criminal history check conducted under this subdivision must be disclosed to a court determining the placement of a child described in clauses (A) through (C). (16) A local child fatality review team established under IC 16-49-2 . (17) The statewide child fatality review committee established by IC 16-49-4 . (18) The department. (19) The division of family resources, if the investigation report: (A) is classified as substantiated; and (B) concerns: (i) an applicant for a license to operate; (ii) a person licensed to operate; (iii) an employee of; or (iv) a volunteer providing services at; a child care center licensed under IC 12-17.2-4 or a child care home licensed under IC 12-17.2-5 . (20) A citizen review panel established under IC 31-25-2-20.4 . (21) The department of child services ombudsman established by IC 4-13-19-3 . (22) The secretary of education with protection for the identity of: (A) any person reporting known or suspected child abuse or neglect; and (B) any other person if the person or agency making the information available finds that disclosure of the information would be likely to endanger the life or safety of the person. (23) The state child fatality review coordinator employed by the Indiana department of health under IC 16-49-5-1 . (24) A person who operates a child caring institution, group home, or secure private facility if all the following apply: (A) The child caring institution, group home, or secure private facility is licensed under IC 31-27 . (B) The report or other materials concern: (i) an employee of; (ii) a volunteer providing services at; or (iii) a child placed at; the child caring institution, group home, or secure private facility. (C) The allegation in the report occurred at the child caring institution, group home, or secure private facility. (25) A person who operates a child placing agency if all the following apply: (A) The child placing agency is licensed under IC 31-27 . (B) The report or other materials concern: (i) a child placed in a foster home licensed by the child placing agency; (ii) a person licensed by the child placing agency to operate a foster family home; (iii) an employee of the child placing agency or a foster family home licensed by the child placing agency; or (iv) a volunteer providing services at the child placing agency or a foster family home licensed by the child placing agency. (C) The allegations in the report occurred in the foster family home or in the course of employment or volunteering at the child placing agency or foster family home. (26) The National Center for Missing and Exploited Children. (27) A local domestic violence fatality review team established under IC 12-18-8 , as determined by the department to be relevant to the death or near fatality that the local domestic violence fatality review team is reviewing. (28) The statewide domestic violence fatality review committee established under IC 12-18-9-3 , as determined by the department to be relevant to the death or near fatality that the statewide domestic violence fatality review committee is reviewing. (29) The statewide maternal mortality review committee established under IC 16-50-1-3 , as determined by the department to be relevant to the case of maternal morbidity or maternal mortality that the statewide maternal mortality review committee is reviewing. (30) A local fetal-infant mortality review team established under IC 16-49-6 , as determined by the department to be relevant to the case of fetal or infant fatality that the local fetal-infant mortality review team is reviewing. (31) A suicide and overdose fatality review team established under IC 16-49.5-2 , as determined by the department to be relevant to the case of a suicide or overdose fatality that the suicide and overdose fatality review team is reviewing. (32) The office of administrative law proceedings for a matter that is the subject of an administrative proceeding before the office of administrative law proceedings. (33) A tribal representative, agency, or organization authorized by the Indian child's tribe to care for, diagnose, treat, review, evaluate, or monitor active efforts regarding an Indian child, and the Indian child's parent, guardian, or custodian. (34) The United States Department of State and foreign governments to comply with federal law and treaties. (35) A child advocacy center when the child advocacy center has before it an investigation of child abuse or neglect in which it is facilitating a forensic interview or facilitating a case discussion or case review. (36) The office of the attorney general or a prosecutor for purposes of a criminal investigation by the office of the attorney general or prosecutor. [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.16; P.L.234-2005, SEC.155; P.L.145-2006, SEC.285; P.L.146-2006, SEC.43; P.L.138-2007, SEC.66; P.L.182-2009(ss), SEC.380; P.L.48-2012, SEC.39; P.L.119-2013, SEC.12; P.L.123-2014, SEC.20; P.L.46-2016, SEC.6; P.L.258-2017, SEC.14; P.L.48-2018, SEC.4; P.L.31-2019, SEC.6; P.L.112-2020, SEC.59; P.L.13-2021, SEC.11; P.L.43-2021, SEC.143; P.L.137-2021, SEC.34; P.L.56-2023, SEC.305; P.L.77-2023, SEC.10; P.L.54-2024, SEC.4; P.L.84-2026, SEC.12. IC 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. IC 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. IC 31-33-18-5 Confidentiality of recordings of calls to child abuse hotline Sec. 5. (a) Except as provided in IC 31-33-18.5 , 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. Amended by P.L.84-2026, SEC.13. IC 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 31-9-2.1-110 (b). As added by P.L.59-2022, SEC.3. Amended by P.L.46-2024, SEC.17; P.L.67-2026, SEC.6; P.L.145-2026, SEC.198. IC 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 31-9-2.1-40 ); 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; P.L.145-2026, SEC.199. IC 31-33-18.5 Chapter 18.5. Child Fatalities Public Transparency 31-33-18.5-1 Applicability 31-33-18.5-2 Publication of preliminary information regarding child fatality or near fatality 31-33-18.5-3 Publication of summary report regarding child fatality or near fatality 31-33-18.5-4 Contents of summary report regarding child fatality or near fatality IC 31-33-18.5-1 Applicability Sec. 1. This chapter applies to the following: (1) Reports made under this article (or IC 31-6-11 before its repeal). (2) Any other information obtained or written reports taken concerning the reports in the possession of: (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 . As added by P.L.84-2026, SEC.14. IC 31-33-18.5-2 Publication of preliminary information regarding child fatality or near fatality Sec. 2. (a) Notwithstanding IC 31-33-18 , the department shall promptly provide information to the public regarding a case of child abuse or neglect that has resulted in a child fatality or near fatality. (b) Subject to subsection (d), and to the extent permitted by federal law, the department shall provide preliminary information as follows: (1) In the case of a child fatality, the department's disclosure must include the following: (A) The deceased child's name, age, and gender. (B) The county or general location of the residence for the child who died. (C) The fact that a child suffered a fatality as the result of abuse or neglect. (D) Following an arrest for the child fatality, the public arrest information and court records for the alleged perpetrator, unless the disclosure would violate the privacy of a victim. (E) Whether there have been reports or any current or past cases of abuse or neglect involving the child or the alleged perpetrator, including any reports or cases of abuse or neglect involving the child or the alleged perpetrator that were screened out. (F) Any action taken by the department in response to the fatality, including any: (i) change to policy or practice; or (ii) recommendation for a change in policy, practice, or law. (G) A detailed synopsis of earlier reports or cases of child abuse or neglect involving the child or the alleged perpetrator and of the actions taken or determinations made by the department in response to the earlier reports or cases. (H) The name of the judge who presided over any detention hearing concerning the child under IC 31-34-5 that occurred before the child fatality if the result of the detention hearing was an order to release the child to the child's parent, guardian, or custodian. (I) Whether the child was the subject of one (1) or more child in need of services proceedings at the time the child fatality occurred or before the child fatality occurred. (2) In the case of a child's near fatality, the department's disclosure must include the following: (A) The child's age and gender. (B) The county or general location of the residence for the child who suffered a near fatality. (C) The fact that a child suffered a near fatality as the result of abuse or neglect. (D) Following an arrest for the near fatality, the public arrest information and court records for the alleged perpetrator, unless the disclosure would violate the privacy of a victim. (E) Whether there have been reports or any current or past cases of abuse or neglect involving the child or the alleged perpetrator, including any reports or cases of abuse or neglect involving the child or the alleged perpetrator that were screened out. (F) Any action taken by the department in response to the near fatality including any: (i) change to policy or practice; or (ii) recommendation for a change in policy, practice, or law. (G) A detailed synopsis of earlier reports or cases of abuse or neglect involving the alleged perpetrator and of the actions taken or determinations made by the department in response to the earlier reports or cases. However, a synopsis under this clause must be redacted in a manner that protects the privacy of the child. (H) The name of the judge who presided over any detention hearing concerning the child under IC 31-34-5 that occurred before the near fatality if the result of the detention hearing was an order to release the child to the child's parent, guardian, or custodian. (c) Subject to subsection (d), if additional information is requested by a person under this chapter: (1) before releasing additional information, the department shall notify the prosecuting attorney; (2) the prosecuting attorney shall promptly notify the department if the prosecuting attorney believes the release would cause a specific, material harm to a criminal investigation or prosecution; and (3) after consulting with the prosecuting attorney, the department shall produce to the requestor as much additional information as possible about a case of child abuse or neglect under this chapter. (d) The department must take precautions to protect the identity of: (1) a person who reports child abuse or neglect; and (2) any potential child abuse or neglect victim of an alleged perpetrator. As added by P.L.84-2026, SEC.14. IC 31-33-18.5-3 Publication of summary report regarding child fatality or near fatality Sec. 3. Not later than ninety (90) days after the date on which the department's report for a case involving a child fatality or near fatality is completed, the department shall provide to the public a summary report that includes the following: (1) Any actions taken by the department in response to the case, including changes in policies or practices that have been made to address any issues raised in the review of the case. (2) Information prescribed in section 4 of this chapter. As added by P.L.84-2026, SEC.14. IC 31-33-18.5-4 Contents of summary report regarding child fatality or near fatality Sec. 4. If the summary report involves a child who was residing in the child's home at the time of the child's fatality or near fatality, the summary report must contain the following: (1) Whether the department was providing services to the child, a member of the child's family, or the alleged perpetrator at the time of the child fatality or near fatality. If services were provided, the date on which the last contact occurred between the entity providing services and the person receiving the services before the child fatality or near fatality. (2) Whether the child, a member of the child's family, or the alleged perpetrator was the subject of a department report at the time of the child fatality or near fatality. (3) Whether there was an open child in need of services case for the child or a member of the child's family at the time of the child fatality or near fatality. (4) All: (A) involvement of: (i) the child's parent, guardian, or custodian; and (ii) the alleged perpetrator; in a situation for which a department report, whether substantiated or unsubstantiated, was made within the preceding five (5) years of the child fatality or near fatality; and (B) services provided to the child or the child's family within the preceding five (5) years of the child fatality or near fatality. (5) Any investigation by the department for a report concerning the child, a member of the child's family, or the alleged perpetrator since the child fatality or near fatality. (6) Any services provided to: (A) the child since the child's near fatality; or (B) the child's family since the child fatality or near fatality. As added by P.L.84-2026, SEC.14. IC 31-33-19 Chapter 19. Repealed [Pre-1997 Recodification Citations: 31-33-19-1 formerly 31-6-11-12.3(a) part 31-33-19-2 formerly 31-6-11-12.3(a) part 31-33-19-3 formerly 31-6-11-12.3(b) 31-33-19-4 formerly 31-6-11-12.3(c) 31-33-19-5 formerly 31-6-11-12.3(d) 31-33-19-6 formerly 31-6-11-12.3(e) part 31-33-19-7 formerly 31-6-11-12.3(e) part 31-33-19-8 formerly 31-6-11-12.4(a) 31-33-19-9 formerly 31-6-11-12.4(b).] Repealed by P.L.138-2007, SEC.93. IC 31-33-20 Chapter 20. Repealed [Pre-1997 Recodification Citations: 31-33-20-1 formerly 31-6-11-12.5(b) 31-33-20-2 formerly 31-6-11-12.5(c) 31-33-20-3 formerly 31-6-11-12.5(d) 31-33-20-4 formerly 31-6-11-12.5(e) 31-33-20-5 formerly 31-6-11-12.6 part.] Repealed by P.L.138-2007, SEC.93. IC 31-33-21 Chapter 21. Repealed [Pre-1997 Recodification Citation: 31-33-21-1 formerly 31-6-11-19.] Repealed by P.L.146-2008, SEC.806. IC 31-33-22 Chapter 22. Offenses; Access to Unsubstantiated False Reports 31-33-22-1 Failure to make report 31-33-22-2 Obtaining child abuse information under false pretenses; knowingly falsifying records or interfering with an investigation 31-33-22-3 False reports; criminal and civil liability; notification of prosecuting attorney 31-33-22-4 Failure to notify of name change 31-33-22-5 Access by accused to false report IC 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 commits a Class B misdemeanor. This penalty is in addition to the penalty imposed by subsection (a). (c) A criminal investigation does not affect the victim's right to seek a civil remedy against the person being investigated for a crime under this section. [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; P.L.168-2025, SEC.8. IC 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. IC 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. IC 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. IC 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. IC 31-33-23 Chapter 23. Repealed Repealed by P.L.48-2012, SEC.41. IC 31-33-24 Chapter 24. Repealed Repealed by P.L.119-2013, SEC.13; P.L.205-2013, SEC.356. IC 31-33-25 Chapter 25. Repealed Repealed by P.L.119-2013, SEC.14. IC 31-33-26 Chapter 26. Child Protection Index 31-33-26-0.5 "Administrative hearing officer" 31-33-26-1 "Child care provider"; "index" 31-33-26-2 Establishment and maintenance of child protection index 31-33-26-3 Index components 31-33-26-4 Case history file; automatic search requirements 31-33-26-5 Establish access restrictions; maintain confidentiality; read only access by child services ombudsman 31-33-26-6 Data storage and retrieval requirements 31-33-26-7 Adoption of rules 31-33-26-8 Notification after index entry; notice to perpetrators; request for administrative hearing 31-33-26-9 Administrative hearings; evidentiary standards; consideration of hearsay; amendment or expungement of reports; confidentiality; decisions provided to the department of education 31-33-26-10 Administration of index 31-33-26-11 Binding court determinations; stay of administrative hearings; perpetrator entitlement to administrative hearings 31-33-26-12 Criminal charges against a perpetrator; entitlement to administrative hearings 31-33-26-13 Adoption of rules 31-33-26-14 Amendment or expungement from index of inaccurate report 31-33-26-15 Expungement and amendment of record procedures 31-33-26-16 Access to index information 31-33-26-17 Name changes 31-33-26-18 Transfer of records to the index IC 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. IC 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 12-7-2.1-54 ) 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. Amended by P.L.145-2026, SEC.200. IC 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. IC 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. IC 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. IC 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. IC 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. IC 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. IC 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. IC 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. IC 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. IC 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. IC 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. IC 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; and (2) to establish procedures for the conduct of the administrative hearing. As added by P.L.138-2007, SEC.67. Amended by P.L.92-2025, SEC.76. IC 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. IC 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. IC 31-33-26-16 Access to index information Sec. 16. (a) A person or an organization may have access to information contained in the index as follows: (1) A law enforcement agency may have access to a substantiated report for purposes of investigating or criminally prosecuting a person identified as a perpetrator of child abuse or neglect. (2) A child care provider, upon submitting a written consent for release of information signed by an individual who: (A) is employed by or who has applied for employment with the child care provider; (B) has volunteered to provide services to the child care provider in a capacity that would place the individual in direct contact, on a regular and continuous basis, with children who are or will be under the direct supervision of the child care provider; or (C) is at least eighteen (18) years of age and resides in the home of the child care provider; may have access to any information relating to a substantiated report of child abuse or neglect that names the employee, applicant, volunteer, or household resident as the perpetrator of child abuse or neglect. (3) A person may have access to any information that is contained in the index pertaining to the person, with protection for the identity of: (A) a person who reports the child abuse or neglect; and (B) any other appropriate person. (4) A person or an agency to whom child abuse and neglect reports are available under IC 31-33-18 may have access to information contained in the index. (5) Representatives of the division of family resources designated by the director of the division may have access to and use any information relating to a substantiated report of child abuse or neglect that would constitute a basis for denial or revocation of a license for a child care center under IC 12-17.2-4 or a child care home under IC 12-17.2-5 . (6) Representatives of the department designated by the director may have access to and use any information relating to a substantiated report of child abuse or neglect that would constitute a basis for denial or revocation of a license for a child caring institution, foster family home, group home, or child placing agency under IC 31-27 . (7) Any representative of the department, a court having juvenile jurisdiction, and any party in a case under IC 31-34 or IC 31-37 may have access to and use any information relating to a substantiated report of child abuse or neglect in connection with a determination of an appropriate out of home placement for a child under any applicable provision of IC 31-34 or IC 31-37 that requires a criminal history check (as described in IC 31-9-2.1-58 ) concerning any person. (8) The department shall provide any information contained in a substantiated report of child abuse or neglect that is included in the index to an authorized agency of another state that requests information concerning a prospective foster or adoptive parent, or any other adult living in the home of a prospective foster or adoptive parent, in accordance with 42 U.S.C. 671(a)(20)(C). (9) The department shall transmit or provide to a national index of substantiated cases of child abuse or neglect established in accordance with 42 U.S.C. 16990: (A) a copy of any substantiated report and related information entered into the index; and (B) information concerning expungement or amendment of any substantiated report as provided in section 14 or 15 of this chapter. (10) To determine the eligibility of a child care provider to receive a voucher payment (as defined in IC 12-17.2-3.5-3 ), the division of family resources may use information contained in the index concerning whether a child has been found by a court to be a child in need of services based on a report of child abuse or neglect naming an individual described in IC 12-17.2-3.5-4.1 (a) as a perpetrator. (11) The office of administrative law proceedings may have access to any information relating to a substantiated report of child abuse or neglect that is the subject of an administrative proceeding before the office of administrative law proceedings. (b) Except as provided in this section or in rules adopted under subsection (c), the department may not disclose information used in connection with the department's activities under this section. (c) The department shall adopt rules under IC 4-22-2 relating to the procedure for disclosure of information described in this section. As added by P.L.138-2007, SEC.67. Amended by P.L.13-2021, SEC.15; P.L.145-2026, SEC.201. IC 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. IC 31-33-26-18 Transfer of records to the index Sec. 18. On July 1, 2007, all substantiated reports and other documents relating to child abuse or neglect cases contained in the child abuse registry under IC 31-33-17 (before its repeal) and the automated child protection system under IC 31-33-20 (before its repeal) shall be transferred to and be included in the child protection index. The department shall maintain and administer all reports and documents transferred to and included in the child protection index as provided in this chapter. As added by P.L.138-2007, SEC.67. IC 31-33-27 Chapter 27. Expungement of Child Abuse or Neglect Reports 31-33-27-1 "Expunge" or "Expungement" 31-33-27-2 "Information" 31-33-27-3 Expungement of records; retained information; adoption of rules 31-33-27-4 Expungement of records; amended information 31-33-27-5 Substantiated reports; perpetrator petitions for expungements 31-33-27-6 Use of expunged records in civil action IC 31-33-27-1 "Expunge" or "Expungement" Sec. 1. As used in this chapter, "expunge" or "expungement" means: (1) the removal or deletion of all information maintained by the department concerning a report, assessment, or determination under this article relating to an incident or condition of child abuse or neglect; and (2) the destruction or delivery of the information to a person to whom the information pertains. As added by P.L.48-2012, SEC.56. IC 31-33-27-2 "Information" Sec. 2. As used in this chapter, "information" includes all files and records created or maintained by the department. The term includes the original and copies of documents, correspondence, messages, photographs, videotapes, audio recordings, audiovisual recordings, and any other material contained in electronic, paper, or digital form or in other media. As added by P.L.48-2012, SEC.56. IC 31-33-27-3 Expungement of records; retained information; adoption of rules Sec. 3. (a) The department shall expunge child abuse or neglect information not later than twenty-four (24) years after the date of birth of the youngest child named in the department's assessment report as an alleged victim of child abuse or neglect, if: (1) the department approved the assessment as unsubstantiated; or (2) the court in a child in need of services case entered a final judgment based on a finding that child abuse or neglect did not occur. (b) The department may, upon the request of an interested person, expunge information relating to an unsubstantiated assessment of child abuse or neglect at any time, if the department determines that the probative value of the information does not justify its retention in the records of the department. (c) This subsection applies to information that is not expunged under subsection (a) or (b). The department may retain information relating to an unsubstantiated assessment of child abuse or neglect in paper or digital form or in other media that is accessible only by department employees with access rights established by the department through policy or rule. (d) Information that is retained in the records of the department under subsection (c) may be used by the department to facilitate its assessment of a subsequent report concerning the same child or family. (e) The department may not rely solely on information available under subsection (c) to support substantiation of a later report, if information obtained in the assessment of the later report is otherwise insufficient to support a substantiated determination. (f) The department shall adopt a written policy, and may adopt rules under IC 4-22-2 , regarding access to information retained under subsection (c). As added by P.L.48-2012, SEC.56. IC 31-33-27-4 Expungement of records; amended information Sec. 4. (a) The department shall expunge child abuse or neglect information relating to a substantiated report not later than the time specified for expungement of the report from the child protection index under IC 31-33-26-15 . (b) The department shall amend information relating to a substantiated report by deleting the name of a person as an alleged perpetrator if: (1) a court having jurisdiction over a child in need of services proceeding; or (2) an administrative hearing officer under IC 31-33-26-9 ; finds that the person was not a perpetrator of the child abuse or neglect that occurred. As added by P.L.48-2012, SEC.56. IC 31-33-27-5 Substantiated reports; perpetrator petitions for expungements Sec. 5. (a) This section applies to information relating to substantiated reports in any records of the department. (b) An individual identified as a perpetrator of child abuse or neglect in a substantiated report may file a petition with a court exercising juvenile jurisdiction in the county in which the individual resides, requesting that the court order the department to expunge the substantiated report and related information. (c) The petitioner shall: (1) name the department as respondent in the petition; and (2) serve the department with a copy of the petition and a summons. (d) The court shall hold a hearing on the petition and any response filed by the department, unless a hearing is waived by agreement of the parties. (e) In considering whether to grant a petition filed under this section, the court may review: (1) the factors listed in IC 31-39-8-3 in relation to the petitioner, if the substantiated report was the subject of a juvenile court case; and (2) any facts relating to the petitioner's current status, activities, employment, contacts with children, or other circumstances relevant to consideration of whether the petition should be granted. (f) The court may grant the petition if the court finds, by clear and convincing evidence, that: (1) there is little likelihood that the petitioner will be a future perpetrator of child abuse or neglect; and (2) the information has insufficient current probative value to justify its retention in records of the department for future reference. As added by P.L.48-2012, SEC.56. IC 31-33-27-6 Use of expunged records in civil action Sec. 6. If the department expunges child abuse or neglect information under this chapter: (1) at the request of a perpetrator named in an assessment report; (2) at or after the time for expungement specified in section 4(a) of this chapter; or (3) under a court order under section 5 of this chapter; IC 31-39-8-7 applies to any civil action brought against the department or any other agency, entity, or individual, if the content of the expunged information may be relevant to any issue in the civil action. As added by P.L.48-2012, SEC.56. IC 31-34