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IC 31-33

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IC 31-33 active

Reporting and Investigation of Child Abuse and Neglect

Jurisdiction: IN Agency: Indiana General Assembly
Plain-English summary

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.

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Regulation text
ARTICLE 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Repealed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Repealed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Repealed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Repealed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Repealed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Repealed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Repealed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Repealed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Repealed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Repealed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Repealed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