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Chapter 1. General Provisions
31-33-1-1. Purpose of Article - Sec. 1. The purpose of this article is to: (1)...
31-33-1-2. Judge May Directly Contact Local Dcs Office - Sec. 2. When confronted with a potential case of child...
Chapter 1.5. Repealed - Repealed by P.L.145-2006, SEC.376.
Chapter 2. Repealed - [Pre-1997 Recodification Citations: Repealed by P.L.145-2006, SEC.376.
Chapter 3. Community Child Protection Team
31-33-3-1. Community Child Protection Team Established; Members - Sec. 1. (a) A community child protection team is established...
31-33-3-2. Election of Team Coordinator - Sec. 2. The team shall elect a team coordinator from...
31-33-3-3. Duties of Team Coordinator - Sec. 3. The team coordinator shall supply the community child...
31-33-3-4. Meetings; Agenda - Sec. 4. (a) The community child protection team shall meet:...
31-33-3-5. Recommendation to the Department of Child Services - Sec. 5. The community child protection team may recommend to...
31-33-3-6. Review of Child Abuse and Neglect Cases and Complaints - Sec. 6. The community child protection team may receive and...
31-33-3-7. Periodic Reports - Sec. 7. (a) The community child protection team shall prepare...
31-33-3-8. Confidentiality of Matters Reviewed - Sec. 8. The members of the community child protection team...
Chapter 4. Repealed - [Pre-1997 Recodification Citations: Repealed by P.L.104-2015, SEC.31.
Chapter 5. Duty to Report Child Abuse or Neglect
31-33-5-1. Duty to Make Report - Sec. 1. In addition to any other duty to report...
31-33-5-2. Report; Notification of Individual in Charge of Institution, School, Facility, or Agency - Sec. 2. (a) This section does not apply to an...
31-33-5-2.5. Notification of Individual in Charge of Hospital; Report - Sec. 2.5. (a) This section applies only to an individual...
31-33-5-3. Effect of Compliance on Individual's Own Duty to Report - Sec. 3. This chapter does not relieve an individual of...
31-33-5-4. Immediate Oral or Written Report to Department of Child Services or Law Enforcement Agency - Sec. 4. A person who has a duty under this...
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...
Chapter 6. Immunity of Persons Who Report Child Abuse or Neglect
31-33-6-1. Immunity From Civil or Criminal Liability - Sec. 1. (a) Except as provided in subsection (b) and...
31-33-6-2. Exception for Gross Negligence or Willful or Wanton Misconduct - Sec. 2. Immunity does not attach for a person who...
31-33-6-3. Presumption of Good Faith - Sec. 3. A person making a report that a child...
Chapter 7. Receipt of Reports of Suspected Child Abuse or Neglect
31-33-7-1. Arrangement for Receipt of Reports - Sec. 1. The department shall arrange for receipt, on a...
31-33-7-2. Standardized Phone Access System - Sec. 2. To carry out section 1 of this chapter,...
31-33-7-3. Child Abuse Hotline - Sec. 3. The department shall cause to be inserted in...
31-33-7-4. Written Report; Contents - Sec. 4. (a) Except as provided in subsection (b), the...
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...
31-33-7-6. Coroner's Investigation and Report - Sec. 6. Upon receiving a written report under section 5(3)...
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,...
31-33-7-7. Law Enforcement Agency Investigation and Communication of Information - Sec. 7. (a) When a law enforcement agency receives an...
31-33-7-8. Reports After Initiation of Assessment or Investigation; Contents; Confidentiality - Sec. 8. (a) This section applies if the department receives...
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 - Sec. 1. (a) The department shall initiate an appropriately thorough...
31-33-8-2. Investigations by Law Enforcement Agencies - Sec. 2. (a) Upon the receipt of each report under...
31-33-8-3. Photographs and X-Rays - Sec. 3. (a) Except as provided in subsection (b), the...
31-33-8-4. Notice to Prosecuting Attorney of Reports Involving Child's Death - Sec. 4. The law enforcement agency shall: (1) give telephone...
31-33-8-5. Forwarding Copies of Reports to Prosecuting Attorney - Sec. 5. The department shall immediately forward a copy of...
31-33-8-6. Investigatory Duties of Department of Child Services; Purpose - Sec. 6. The department shall promptly make a thorough assessment...
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...
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,...
31-33-8-8. Order for Child's Immediate Removal; Preparation of Investigative Report - Sec. 8. (a) If, before the assessment is complete, the...
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...
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...
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...
31-33-8-12. Classifying Reports as Substantiated or Unsubstantiated - Sec. 12. Upon completion of an assessment, the department shall...
31-33-8-13. Court Findings to Be Entered in the Child Protection Index - Sec. 13. Whenever a court finds that a child is...
31-33-8-14. Repealed - [Pre-1997 Recodification Citation: 31-6-11-11(o).] As added by P.L.1-1997, SEC.16. Repealed...
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...
31-33-8-16. Voluntary Service Referral Agreements - Sec. 16. After an investigation by the department that a...
Chapter 9. Designation of Public or Private Agencies to Investigate Reports of Abuse or Neglect Involving a Child Under the Care of a Public or Private Institution
31-33-9-1. Written Protocol or Agreement Designating Agency Primarily Responsible for Investigation - Sec. 1. (a) Through a written protocol or agreement, the...
31-33-9-2. Terms or Conditions of Protocol or Agreement - Sec. 2. The protocol or agreement must describe the specific...
31-33-9-3. Purchase of Services of Public or Private Agency - Sec. 3. To fulfill the purposes of this chapter, the...
Chapter 10. Duty of Health Care Provider to Examine, Photograph, and X-Ray Child Who Is Subject of Child Abuse or Neglect Report
31-33-10-1. Duty to Photograph, X-Ray, and Physically Examine Trauma Visible on Child - Sec. 1. (a) A person who: (1) is required to...
31-33-10-2. Photographs, X-Rays, and Physical Medical Examinations; Reimbursement of Costs - Sec. 2. The department shall reimburse the reasonable cost of...
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...
Chapter 11. Duty of Hospital Not to Release Child Who Is Subject of Child Abuse or Neglect Report
31-33-11-1. Conditions for Release of Child Under Investigation for Abuse or Neglect; Expenses of Extended Hospital Stay - Sec. 1. (a) Whenever: (1) a child is subject to...
Chapter 12. Repealed - [Pre-1997 Recodification Citations: Repealed by P.L.138-2007, SEC.93.
Chapter 13. Repealed - [Pre-1997 Recodification Citations: Repealed by P.L.138-2007, SEC.93.
Chapter 14. Referral of Case to Juvenile Court Following Investigation of Report of Child Abuse or Neglect; Juvenile Court Proceeding
31-33-14-1. Referral to Juvenile Court or Prosecuting Attorney - Sec. 1. If the department determines that the best interests...
31-33-14-2. Duty of Department of Child Services to Assist Court - Sec. 2. The department shall assist the juvenile court or...
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...
Chapter 15. Appointment of Guardian Ad Litem or Court Appointed Special Advocate
31-33-15-1. Appointment - Sec. 1. In every judicial proceeding under this article, the...
31-33-15-2. Access to Reports - Sec. 2. The guardian ad litem or the court appointed...
31-33-15-3. Costs of Services of Guardian Ad Litem - Sec. 3. Any costs related to the services of a...
Chapter 16. Review of Status of Child by Juvenile Court
31-33-16-1. Review of Status of Child Removed From Family - Sec. 1. The juvenile court shall review the status of...
Chapter 17. Repealed - [Pre-1997 Recodification Citations: Repealed by P.L.138-2007, SEC.93.
Chapter 18. Disclosure of Reports; Confidentiality Requirements
31-33-18-1. Confidentiality; Exceptions - Sec. 1. (a) Except as provided in section 1.5 of...
31-33-18-1.5. Written Findings; Copies to the Department of Child Services; Certain Records Held by Governmental Entities Not Confidential if Redacted; Procedure for Redacting Records - Sec. 1.5. (a) This section applies to records held by:...
31-33-18-2. Disclosure of Unredacted Material to Certain Persons - Sec. 2. The reports and other material described in section...
31-33-18-3. Disclosure to Qualified Researchers - Sec. 3. (a) Section 2 of this chapter does not...
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...
31-33-18-5. Confidentiality of Recordings of Calls to Child Abuse Hotline - Sec. 5. (a) An audio recording of a telephone call...
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...
Chapter 19. Repealed - [Pre-1997 Recodification Citations: Repealed by P.L.138-2007, SEC.93.
Chapter 20. Repealed - [Pre-1997 Recodification Citations: Repealed by P.L.138-2007, SEC.93.
Chapter 21. Repealed - [Pre-1997 Recodification Citation: Repealed by P.L.146-2008, SEC.806.
Chapter 22. Offenses; Access to Unsubstantiated False Reports
31-33-22-1. Failure to Make Report - Sec. 1. (a) A person who knowingly fails to make...
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...
31-33-22-3. False Reports; Criminal and Civil Liability; Notification of Prosecuting Attorney - Sec. 3. (a) A person who intentionally communicates to: (1)...
31-33-22-4. Failure to Notify of Name Change - Sec. 4. A person who intentionally violates IC 31-33-26-17 commits...
31-33-22-5. Access by Accused to False Report - Sec. 5. A person who is accused of committing child...
Chapter 23. Repealed - Repealed by P.L.48-2012, SEC.41.
Chapter 24. Repealed - Repealed by P.L.119-2013, SEC.13; P.L.205-2013, SEC.356.
Chapter 25. Repealed - Repealed by P.L.119-2013, SEC.14.
Chapter 26. Child Protection Index
31-33-26-0.5. "Administrative Hearing Officer" - Sec. 0.5. As used in this chapter, "administrative hearing officer"...
31-33-26-1. "Child Care Provider"; "Index" - Sec. 1. (a) As used in this chapter, "child care...
31-33-26-2. Establishment and Maintenance of Child Protection Index - Sec. 2. The department shall establish and maintain a centralized,...
31-33-26-3. Index Components - Sec. 3. In addition to the equipment needed to establish,...
31-33-26-4. Case History File; Automatic Search Requirements - Sec. 4. (a) In addition to the components described in...
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...
31-33-26-6. Data Storage and Retrieval Requirements - Sec. 6. The department shall store data regarding child abuse...
31-33-26-7. Adoption of Rules - Sec. 7. The department may adopt rules under IC 4-22-2...
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...
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...
31-33-26-10. Administration of Index - Sec. 10. The department shall administer the index in a...
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...
31-33-26-12. Criminal Charges Against a Perpetrator; Entitlement to Administrative Hearings - Sec. 12. (a) If criminal charges are filed against a...
31-33-26-13. Adoption of Rules - Sec. 13. The department shall adopt rules under IC 4-22-2:...
31-33-26-14. Amendment or Expungement From Index of Inaccurate Report - Sec. 14. The department shall immediately amend or expunge from...
31-33-26-15. Expungement and Amendment of Record Procedures - Sec. 15. (a) The department shall expunge a substantiated report...
31-33-26-16. Access to Index Information - Sec. 16. (a) A person or an organization may have...
31-33-26-17. Name Changes - Sec. 17. (a) If a court grants a name change...
31-33-26-18. Transfer of Records to the Index - Sec. 18. On July 1, 2007, all substantiated reports and...
Chapter 27. Expungement of Child Abuse or Neglect Reports
31-33-27-1. "Expunge" or "Expungement" - Sec. 1. As used in this chapter, "expunge" or "expungement"...
31-33-27-2. "Information" - Sec. 2. As used in this chapter, "information" includes all...
31-33-27-3. Expungement of Records; Retained Information; Adoption of Rules - Sec. 3. (a) The department shall expunge child abuse or...
31-33-27-4. Expungement of Records; Amended Information - Sec. 4. (a) The department shall expunge child abuse or...
31-33-27-5. Substantiated Reports; Perpetrator Petitions for Expungements - Sec. 5. (a) This section applies to information relating to...
31-33-27-6. Use of Expunged Records in Civil Action - Sec. 6. If the department expunges child abuse or neglect...