Text of IN HB 1412 (2025)

Introduced Version HOUSE BILL No. 1412 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 4-13-19-5; IC 12-17.2-3.5-8.5; IC 25-1-9-4; IC 31-33. Synopsis: Reporting of child abuse or neglect. Provides that staff members of a medical institution, a medical facility, or any other health care facility have a duty to report child abuse immediately to both the department of child services and a local law enforcement agency. Provides that an individual's duty to report is nondelegable. Requires that if a report alleges that a staff member, youth coach, or volunteer of an institution, school, facility, organization, or agency is the abuser, local law enforcement shall investigate to determine whether the institution, school, facility, organization, or agency knew that the alleged abuse was happening and failed to report the alleged abuse. Allows local law enforcement to consider certain facts when determining whether the institution, school, facility, organization, or agency knew about the alleged abuse. Raises the penalty for failure to report for certain individuals to a Class A misdemeanor. (Under current law, it is a Class B misdemeanor.) Makes conforming changes. Effective: July 1, 2025. Cash, Olthoff January 13, 2025, read first time and referred to Committee on Family, Children and Human Affairs. 2025 IN 1412—LS 7591/DI 148 Introduced First Regular Session of the 124th General Assembly (2025) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2024 Regular Session of the General Assembly. HOUSE BILL No. 1412 A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 4-13-19-5, AS AMENDED BY P.L.128-2012, 2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2025]: Sec. 5. (a) The office of the department of child 4 services ombudsman may receive, investigate, and attempt to resolve 5 a complaint alleging that the department of child services, by an action 6 or omission occurring on or after January 11, 2005, failed to protect the 7 physical or mental health or safety of any child or failed to follow 8 specific laws, rules, or written policies. 9 (b) The office of the department of child services ombudsman may 10 also do the following: 11 (1) Take action, including the establishing of a program of public 12 education, to secure and ensure the legal rights of children. 13 (2) Periodically review relevant policies and procedures with a 14 view toward the safety and welfare of children. 15 (3) When appropriate, refer a person making a report of child 16 abuse or neglect to the department of child services and if 17 appropriate, to an appropriate local law enforcement agency in 2025 IN 1412—LS 7591/DI 148 2 1 Indiana. 2 (4) Recommend changes in procedures for investigating reports 3 of abuse and neglect and overseeing the welfare of children who 4 are under the jurisdiction of a juvenile court. 5 (5) Make the public aware of the services of the ombudsman, the 6 purpose of the office, and information concerning contacting the 7 office. 8 (6) Examine policies and procedures and evaluate the 9 effectiveness of the child protection system, specifically the 10 respective roles of the department of child services, the court, the 11 medical community, service providers, guardians ad litem, court 12 appointed special advocates, and law enforcement agencies. 13 (7) Review and make recommendations concerning investigative 14 procedures and emergency responses contained in the report 15 prepared under section 10 of this chapter. 16 (c) Upon request of the office of the department of child services 17 ombudsman, the local child protection team shall assist the office of the 18 department of child services ombudsman by investigating and making 19 recommendations on a matter. If a local child protection team was 20 involved in an initial investigation, a different local child protection 21 team may assist in the investigation under this subsection. 22 (d) At the end of an investigation of a complaint, the office of the 23 department of child services ombudsman shall provide an appropriate 24 report as follows: 25 (1) If the complainant is a parent, guardian, custodian, court 26 appointed special advocate, guardian ad litem, or court, the 27 ombudsman may provide the same report to the complainant and 28 the department of child services. 29 (2) If the complainant is not a person described in subdivision (1), 30 the ombudsman shall provide a redacted version of its findings to 31 the complainant stating in general terms that the actions of the 32 department of child services were or were not appropriate. 33 (e) The department of child services ombudsman shall provide a 34 copy of the report and recommendations to the department of child 35 services. The office of the department of child services ombudsman 36 may not disclose to: 37 (1) a complainant; 38 (2) another person who is not a parent, guardian, or custodian of 39 the child who was the subject of the department of child services' 40 action or omission; or 41 (3) the court, court appointed special advocate, or guardian ad 42 litem of the child in a case that was filed as a child in need of 2025 IN 1412—LS 7591/DI 148 3 1 services or a termination of parental rights action; 2 any information that the department of child services could not, by law, 3 reveal to the complainant, parent, guardian, custodian, person, court, 4 court appointed special advocate, or guardian ad litem. 5 (f) If, after reviewing a complaint or conducting an investigation and 6 considering the response of an agency, facility, or program and any 7 other pertinent material, the office of the department of child services 8 ombudsman determines that the complaint has merit or the 9 investigation reveals a problem, the ombudsman may recommend that 10 the agency, facility, or program: 11 (1) consider the matter further; 12 (2) modify or cancel its actions; 13 (3) alter a rule, order, or internal policy; or 14 (4) explain more fully the action in question. 15 (g) At the office of the department of child services ombudsman's 16 request, the agency, facility, or program shall, within a reasonable time, 17 inform the office of the department of child services ombudsman about 18 the action taken on the recommendation or the reasons for not 19 complying with it. 20 (h) The office of the department of child services ombudsman may 21 not investigate the following: 22 (1) A complaint from an employee of the department of child 23 services that relates to the employee's employment relationship 24 with the department of child services. 25 (2) A complaint challenging a department of child services 26 substantiation of abuse or neglect that is currently the subject of 27 a pending administrative review procedure before the exhaustion 28 of administrative remedies provided by law, rule, or written 29 policy. Investigation of any such complaint received shall be 30 stayed until the administrative remedy has been exhausted. 31 However, if the administrative process is not completed or 32 terminated within six (6) months after initiation of the 33 administrative process, the office of child services ombudsman 34 may proceed with its investigation. 35 (i) If the office of the department of child services ombudsman does 36 not investigate a complaint, the office of the department of child 37 services ombudsman shall notify the complainant of the decision not 38 to investigate and the reasons for the decision. 39 SECTION 2. IC 12-17.2-3.5-8.5, AS AMENDED BY P.L.183-2017, 40 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 41 JULY 1, 2025]: Sec. 8.5. (a) A provider shall provide to all employees 42 and volunteers of the provider the written material prepared and made 2025 IN 1412—LS 7591/DI 148 4 1 available by the division under subsection (c). 2 (b) An employee or a volunteer of a provider who has reason to 3 believe that a child in the provider's care is a victim of child abuse or 4 neglect shall make a report as required under IC 31-33-5. 5 (c) The division shall do the following: 6 (1) Prepare written material specifying the following: 7 (A) The duty to report known or suspected child abuse or 8 neglect under IC 31-33-5. 9 (B) That knowing failure to make a report required by: 10 (i) IC 31-33-5-1; or 11 (ii) IC 31-33-5-2; or 12 (iii) IC 31-33-5-2.5; 13 is a Class B Class A misdemeanor under IC 31-33-22-1. 14 (2) Make the written material under subdivision (1) available to 15 providers. 16 SECTION 3. IC 25-1-9-4, AS AMENDED BY P.L.35-2018, 17 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 18 JULY 1, 2025]: Sec. 4. (a) A practitioner shall conduct the 19 practitioner's practice in accordance with the standards established by 20 the board regulating the profession in question and is subject to the 21 exercise of the disciplinary sanctions under section 9 of this chapter if, 22 after a hearing, the board finds: 23 (1) a practitioner has: 24 (A) engaged in or knowingly cooperated in fraud or material 25 deception in order to obtain a license to practice, including 26 cheating on a licensing examination; 27 (B) engaged in fraud or material deception in the course of 28 professional services or activities; 29 (C) advertised services in a false or misleading manner; or 30 (D) been convicted of a crime or assessed a civil penalty 31 involving fraudulent billing practices, including fraud under: 32 (i) Medicaid (42 U.S.C. 1396 et seq.); 33 (ii) Medicare (42 U.S.C. 1395 et seq.); 34 (iii) the children's health insurance program under 35 IC 12-17.6; or 36 (iv) insurance claims; 37 (2) a practitioner has been convicted of a crime that: 38 (A) has a direct bearing on the practitioner's ability to continue 39 to practice competently; or 40 (B) is harmful to the public; 41 (3) a practitioner has knowingly violated any state statute or rule, 42 or federal statute or regulation, regulating the profession in 2025 IN 1412—LS 7591/DI 148 5 1 question; 2 (4) a practitioner has continued to practice although the 3 practitioner has become unfit to practice due to: 4 (A) professional incompetence that: 5 (i) may include the undertaking of professional activities 6 that the practitioner is not qualified by training or experience 7 to undertake; and 8 (ii) does not include activities performed under 9 IC 16-21-2-9; 10 (B) failure to keep abreast of current professional theory or 11 practice; 12 (C) physical or mental disability; or 13 (D) addiction to, abuse of, or severe dependency upon alcohol 14 or other drugs that endanger the public by impairing a 15 practitioner's ability to practice safely; 16 (5) a practitioner has engaged in a course of lewd or immoral 17 conduct in connection with the delivery of services to the public; 18 (6) a practitioner has allowed the practitioner's name or a license 19 issued under this chapter to be used in connection with an 20 individual who renders services beyond the scope of that 21 individual's training, experience, or competence; 22 (7) a practitioner has had disciplinary action taken against the 23 practitioner or the practitioner's license to practice in any state or 24 jurisdiction on grounds similar to those under this chapter; 25 (8) a practitioner has diverted: 26 (A) a legend drug (as defined in IC 16-18-2-199); or 27 (B) any other drug or device issued under a drug order (as 28 defined in IC 16-42-19-3) for another person; 29 (9) a practitioner, except as otherwise provided by law, has 30 knowingly prescribed, sold, or administered any drug classified 31 as a narcotic, addicting, or dangerous drug to a habitue or addict; 32 (10) a practitioner has failed to comply with an order imposing a 33 sanction under section 9 of this chapter; 34 (11) a practitioner has engaged in sexual contact with a patient 35 under the practitioner's care or has used the practitioner-patient 36 relationship to solicit sexual contact with a patient under the 37 practitioner's care; 38 (12) a practitioner who is a participating provider of a health 39 maintenance organization has knowingly collected or attempted 40 to collect from a subscriber or enrollee of the health maintenance 41 organization any sums that are owed by the health maintenance 42 organization; 2025 IN 1412—LS 7591/DI 148 6 1 (13) a practitioner has assisted another person in committing an 2 act that would be grounds for disciplinary sanctions under this 3 chapter; or 4 (14) a practitioner has failed to report to the department of child 5 services or and a local law enforcement agency in Indiana 6 suspected child abuse in accordance with IC 31-33-5. 7 (b) A practitioner who provides health care services to the 8 practitioner's spouse is not subject to disciplinary action under 9 subsection (a)(11). 10 (c) A certified copy of the record of disciplinary action is conclusive 11 evidence of the other jurisdiction's disciplinary action under subsection 12 (a)(7). 13 SECTION 4. IC 31-33-5-2, AS AMENDED BY P.L.183-2017, 14 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 15 JULY 1, 2025]: Sec. 2. (a) This section does not apply to an individual 16 required to make a report under this article in the individual's capacity 17 as a member of the staff of a hospital licensed under IC 16-21-2. An 18 individual required to make a report under this article in the 19 individual's capacity as a member of the staff of a hospital licensed 20 under IC 16-21-2 is subject to section 2.5 of this chapter. 21 (b) (a) Except as provided in subsection (c), if an individual is 22 required to make a report under this article in the individual's capacity 23 as a member of the staff of a medical or other public or private 24 institution, school, facility, organization, or agency, the individual 25 shall immediately make a report to: 26 (1) the department; or 27 (2) the local law enforcement agency in Indiana based on the 28 child's location at the moment the individual knows about or 29 suspects child abuse or neglect. 30 The individual does not have discretion to decide not to report 31 known or suspected child abuse or neglect. 32 (b) An individual required to make a report of known or 33 suspected child abuse or neglect may not delegate the duty to make 34 the report to another individual. 35 (c) If an individual is required to report under this article in the 36 individual's capacity as a member of the staff at: 37 (1) a medical institution; 38 (2) a medical facility; or 39 (3) any other health care facility; 40 the individual shall immediately make a report to the department 41 and the local law enforcement agency in Indiana based on the 42 child's location at the moment the individual knows about or 2025 IN 1412—LS 7591/DI 148 7 1 suspects child abuse or neglect. The individual does not have 2 discretion to decide not to report known or suspected child abuse 3 or neglect. 4 (d) After making the report, the individual shall notify the 5 individual in charge of the institution, school, facility, organization, or 6 agency or the designated agent of the individual in charge of the 7 institution, school, facility, organization, or agency that the report was 8 made. 9 SECTION 5. IC 31-33-5-2.5 IS REPEALED [EFFECTIVE JULY 10 1, 2025]. Sec. 2.5. (a) This section applies only to an individual 11 required to make a report under this article in the individual's capacity 12 as a member of the staff of a hospital licensed under IC 16-21-2. 13 (b) If an individual is required to make a report under this article in 14 the individual's capacity as a member of the staff of a hospital licensed 15 under IC 16-21-2, the individual shall immediately notify the individual 16 in charge of the hospital or the designated agent of the individual in 17 charge of the hospital. 18 (c) An individual notified under subsection (b) shall immediately 19 report or cause a report to be made to: 20 (1) the department; or 21 (2) the local law enforcement agency. 22 SECTION 6. IC 31-33-5-4, AS AMENDED BY P.L.183-2017, 23 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 24 JULY 1, 2025]: Sec. 4. (a) Except as provided in subsection (b), a 25 person who has a duty under this chapter to report that a child may be 26 a victim of child abuse or neglect shall immediately make an oral or 27 written report to: 28 (1) the department; or 29 (2) the local law enforcement agency in Indiana based on the 30 child's location at the moment the individual suspects child 31 abuse or neglect. 32 (b) A person who has a duty under section 2(c) of this chapter 33 to report that a child may be a victim of child abuse or neglect shall 34 immediately make an oral or written report to: 35 (1) the department; and 36 (2) the local law enforcement agency in Indiana based on the 37 child's location at the moment the individual suspects child 38 abuse or neglect. 39 SECTION 7. IC 31-33-8.5 IS ADDED TO THE INDIANA CODE 40 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 41 JULY 1, 2025]: 42 Chapter 8.5. Investigation of a School, Facility, or Organization 2025 IN 1412—LS 7591/DI 148 8 1 Sec. 1. If a report made under IC 31-33-5 alleges that a staff 2 member, youth coach, or volunteer of an institution, school, 3 facility, organization, or agency is the abuser, local law 4 enforcement shall investigate the institution, school, facility, 5 organization, or agency to determine whether the institution, 6 school, facility, organization, or agency knew that the alleged abuse 7 was happening and failed to report the alleged abuse. In 8 determining whether the institution, school, facility, organization, 9 or agency knew that the alleged abuse was happening, local law 10 enforcement may consider the following: 11 (1) Whether there have been previous allegations against the 12 staff member, youth coach, or volunteer. 13 (2) Whether there are disciplinary records for the staff 14 member, youth coach, or volunteer. 15 (3) Whether the institution, school, facility, organization, or 16 agency properly reported any previous: 17 (A) allegations against the staff member, youth coach, or 18 volunteer; or 19 (B) disciplinary records involving the staff member's, 20 youth coach's, or volunteer's inappropriate behavior with 21 a minor. 22 Sec. 2. If local law enforcement determines that an institution, 23 school, facility, organization, or agency knew that the alleged abuse 24 was happening and failed to report the alleged abuse, local law 25 enforcement shall provide the prosecuting attorney with a 26 complete written report of the investigation. 27 SECTION 8. IC 31-33-22-1, AS AMENDED BY P.L.183-2017, 28 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 29 JULY 1, 2025]: Sec. 1. (a) A person who knowingly fails to make a 30 report required by IC 31-33-5-1 commits a Class B misdemeanor. 31 (b) A person who knowingly fails to make a report required by 32 IC 31-33-5-2 or IC 31-33-5-2.5 commits a Class B Class A 33 misdemeanor. This penalty is in addition to the penalty imposed by 34 subsection (a). 35 (c) A criminal investigation does not affect the victim's right to 36 seek a civil remedy against the person being investigated for a 37 crime under this section. 2025 IN 1412—LS 7591/DI 148

First Regular Session of the 124th General Assembly (2025) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2024 Regular Session of the General Assembly. HOUSE ENROLLED ACT No. 1412 AN ACT to amend the Indiana Code concerning family law and juvenile law. Be it enacted by the General Assembly of the State of Indiana: SECTION 1. IC 12-17.2-3.5-8.5, AS AMENDED BY P.L.183-2017, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8.5. (a) A provider shall provide to all employees and volunteers of the provider the written material prepared and made available by the division under subsection (c). (b) An employee or a volunteer of a provider who has reason to believe that a child in the provider's care is a victim of child abuse or neglect shall make a report as required under IC 31-33-5. (c) The division shall do the following: (1) Prepare written material specifying the following: (A) The duty to report known or suspected child abuse or neglect under IC 31-33-5. (B) That knowing failure to make a report required by: (i) IC 31-33-5-1; or (ii) IC 31-33-5-2; or (iii) IC 31-33-5-2.5; is a Class B misdemeanor under IC 31-33-22-1. (2) Make the written material under subdivision (1) available to providers. SECTION 2. IC 25-1-9-4, AS AMENDED BY P.L.35-2018, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE HEA 1412 — Concur 2 JULY 1, 2025]: Sec. 4. (a) A practitioner shall conduct the practitioner's practice in accordance with the standards established by the board regulating the profession in question and is subject to the exercise of the disciplinary sanctions under section 9 of this chapter if, after a hearing, the board finds: (1) a practitioner has: (A) engaged in or knowingly cooperated in fraud or material deception in order to obtain a license to practice, including cheating on a licensing examination; (B) engaged in fraud or material deception in the course of professional services or activities; (C) advertised services in a false or misleading manner; or (D) been convicted of a crime or assessed a civil penalty involving fraudulent billing practices, including fraud under: (i) Medicaid (42 U.S.C. 1396 et seq.); (ii) Medicare (42 U.S.C. 1395 et seq.); (iii) the children's health insurance program under IC 12-17.6; or (iv) insurance claims; (2) a practitioner has been convicted of a crime that: (A) has a direct bearing on the practitioner's ability to continue to practice competently; or (B) is harmful to the public; (3) a practitioner has knowingly violated any state statute or rule, or federal statute or regulation, regulating the profession in question; (4) a practitioner has continued to practice although the practitioner has become unfit to practice due to: (A) professional incompetence that: (i) may include the undertaking of professional activities that the practitioner is not qualified by training or experience to undertake; and (ii) does not include activities performed under IC 16-21-2-9; (B) failure to keep abreast of current professional theory or practice; (C) physical or mental disability; or (D) addiction to, abuse of, or severe dependency upon alcohol or other drugs that endanger the public by impairing a practitioner's ability to practice safely; (5) a practitioner has engaged in a course of lewd or immoral conduct in connection with the delivery of services to the public; HEA 1412 — Concur 3 (6) a practitioner has allowed the practitioner's name or a license issued under this chapter to be used in connection with an individual who renders services beyond the scope of that individual's training, experience, or competence; (7) a practitioner has had disciplinary action taken against the practitioner or the practitioner's license to practice in any state or jurisdiction on grounds similar to those under this chapter; (8) a practitioner has diverted: (A) a legend drug (as defined in IC 16-18-2-199); or (B) any other drug or device issued under a drug order (as defined in IC 16-42-19-3) for another person; (9) a practitioner, except as otherwise provided by law, has knowingly prescribed, sold, or administered any drug classified as a narcotic, addicting, or dangerous drug to a habitue or addict; (10) a practitioner has failed to comply with an order imposing a sanction under section 9 of this chapter; (11) a practitioner has engaged in sexual contact with a patient under the practitioner's care or has used the practitioner-patient relationship to solicit sexual contact with a patient under the practitioner's care; (12) a practitioner who is a participating provider of a health maintenance organization has knowingly collected or attempted to collect from a subscriber or enrollee of the health maintenance organization any sums that are owed by the health maintenance organization; (13) a practitioner has assisted another person in committing an act that would be grounds for disciplinary sanctions under this chapter; or (14) a practitioner has failed to report to the department of child services or a local an appropriate law enforcement agency suspected child abuse in accordance with IC 31-33-5. (b) A practitioner who provides health care services to the practitioner's spouse is not subject to disciplinary action under subsection (a)(11). (c) A certified copy of the record of disciplinary action is conclusive evidence of the other jurisdiction's disciplinary action under subsection (a)(7). SECTION 3. IC 31-9-2-14, AS AMENDED BY P.L.109-2024, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. (a) "Child abuse or neglect", for purposes of IC 31-32-11-1, IC 31-33, IC 31-34-7-4, and IC 31-39-8-4, refers to: (1) a child described in IC 31-34-1-1 through IC 31-34-1-5 and HEA 1412 — Concur 4 IC 31-34-1-8 through IC 31-34-1-11, regardless of whether the child needs care, treatment, rehabilitation, or the coercive intervention of a court; or (2) an individual who: (A) is at least eighteen (18) years of age but less than twenty-one (21) years of age; (B) resides, or has previously resided, at a residential facility licensed by the department; and (C) is harmed or threatened with harm as a result of: (i) a battery offense included in IC 35-42-2; or (ii) sexual activity (as defined in IC 35-42-4-13(b)); committed by a member of the staff at the residential facility. (b) For purposes of subsection (a), the term under subsection (a) does not refer to a child who is alleged to be a victim of a sexual offense under IC 35-42-4-3 unless the alleged offense under IC 35-42-4-3 involves the fondling or touching of the buttocks, genitals, or female breasts, regardless of whether the child needs care, treatment, rehabilitation, or the coercive intervention of a court. (c) "Child abuse or neglect", for purposes of IC 31-34-2.3, refers to acts or omissions by a person against a child as described in IC 31-34-1-1 through IC 31-34-1-11, regardless of whether the child needs care, treatment, rehabilitation, or the coercive intervention of a court. (d) "Child abuse or neglect" does not include raising or referring to a child in a manner consistent with the child's biological sex. SECTION 4. IC 31-33-5-2, AS AMENDED BY P.L.183-2017, SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) This section does not apply to an individual required to make a report under this article in the individual's capacity as a member of the staff of a hospital licensed under IC 16-21-2. An individual required to make a report under this article in the individual's capacity as a member of the staff of a hospital licensed under IC 16-21-2 is subject to section 2.5 of this chapter. (b) (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 medical or other public or private institution, school, facility, organization, or agency, the individual shall immediately make a report to: (1) the department; or (2) the local 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 HEA 1412 — Concur 5 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. SECTION 5. IC 31-33-5-2.5 IS REPEALED [EFFECTIVE JULY 1, 2025]. Sec. 2.5. (a) This section applies only to an individual required to make a report under this article in the individual's capacity as a member of the staff of a hospital licensed under IC 16-21-2. (b) 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 hospital licensed under IC 16-21-2, the individual shall immediately notify the individual HEA 1412 — Concur 6 in charge of the hospital or the designated agent of the individual in charge of the hospital. (c) An individual notified under subsection (b) shall immediately report or cause a report to be made to: (1) the department; or (2) the local law enforcement agency. SECTION 6. IC 31-33-5-4, AS AMENDED BY P.L.183-2017, SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: 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 local 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. SECTION 7. IC 31-33-8.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Chapter 8.5. Investigation of a School, Facility, or Organization 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, HEA 1412 — Concur 7 youth coach's, or volunteer's inappropriate behavior with a minor. 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. SECTION 8. IC 31-33-22-1, AS AMENDED BY P.L.183-2017, SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) A person who knowingly fails to make a report required by IC 31-33-5-1 commits a Class B misdemeanor. (b) A person who knowingly fails to make a report required by IC 31-33-5-2 or IC 31-33-5-2.5 commits a Class B misdemeanor. This penalty is in addition to the penalty imposed by subsection (a). (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. SECTION 9. IC 31-34-1-17 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 17. A child is not a child in need of services under any section of this chapter due to the child's parent, guardian, or custodian referring to and raising the child consistent with the child's biological sex. HEA 1412 — Concur Speaker of the House of Representatives President of the Senate President Pro Tempore Governor of the State of Indiana Date: Time: HEA 1412 — Concur