Second Regular Session of the 123rd General Assembly (2024)
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 2023 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1021
AN ACT to amend the Indiana Code concerning human services.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-2-17-1, AS ADDED BY P.L.92-2007, SECTION
1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2024]: Sec. 1. As used in this chapter, "high risk missing person"
means a person whose whereabouts are not known and who may be at
risk of injury or death. The term includes the following:
(1) A person who is missing as the result of abduction by a
stranger.
(2) A person whose disappearance may be the result of the
commission of a crime.
(3) A person whose disappearance occurred under circumstances
that are inherently dangerous.
(4) A person who is missing for more than thirty (30) days.
(5) A missing person who is in need of medical attention or
prescription medication.
(6) A missing person who may be at risk due to abduction by a
noncustodial parent.
(7) A missing person who is mentally impaired.
(8) A missing person who is less than twenty-one (21) years of
age.
(9) A missing person who has previously been the victim of a
threat of violence or an act of violence.
(10) A missing person who has been determined by a law
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enforcement agency to be:
(A) at risk of injury or death; or
(B) a person that meets any of the descriptions in subdivisions
(1) through (9).
(11) A missing person who is an endangered adult (as defined in
IC 12-7-2-131.3).
(12) A missing person who is a veteran at risk (as defined in
IC 12-7-2-197.3).
SECTION 2. IC 5-2-17-3, AS ADDED BY P.L.92-2007, SECTION
1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2024]: Sec. 3. A law enforcement agency receiving a report of a
missing:
(1) child less than eighteen (18) years of age shall comply with
the requirements of IC 31-36-2; or
(2) endangered adult (as defined in IC 12-7-2-131.3) shall comply
with the requirements of IC 12-10-18; or
(3) veteran at risk (as defined in IC 12-7-2-197.3) shall comply
with the requirements of IC 12-10-18;
in addition to the procedures described in this chapter.
SECTION 3. IC 10-13-5-3, AS AMENDED BY P.L.43-2009,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. As used in this chapter, "clearinghouse" refers
to the Indiana clearinghouse for information on missing children,
missing veterans at risk, and missing endangered adults established
by section 5 of this chapter.
SECTION 4. IC 10-13-5-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 3.5. As used in this chapter, "green alert program"
means a program under which the clearinghouse transmits
information about missing veterans at risk to broadcasters who:
(1) have agreed to participate in the program; and
(2) immediately and repeatedly broadcast the information to
the general public.
SECTION 5. IC 10-13-5-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 4.5. As used in this chapter, "missing veteran at risk"
means a veteran who is a high risk missing person under
IC 5-2-17-1.
SECTION 6. IC 10-13-5-5, AS AMENDED BY P.L.43-2009,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5. The Indiana clearinghouse for information on
missing children, missing veterans at risk, and missing endangered
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adults is established within the department.
SECTION 7. IC 10-13-5-6, AS AMENDED BY P.L.43-2009,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 6. (a) The superintendent shall designate staff
responsible for the operation of the clearinghouse.
(b) The staff's duties include the following:
(1) Creation and operation of an intrastate network of
communication designed for the speedy collection and processing
of information concerning missing children, missing veterans at
risk, and missing endangered adults.
(2) Creation and operation of a central data storage, retrieval, and
information distribution system designed for the exchange of
information on missing children, missing veterans at risk, and
missing endangered adults within and outside Indiana. The system
must be capable of interacting with:
(A) the Indiana data and communication system under
IC 10-13-3-35; and
(B) the National Crime Information Center.
(3) Development of appropriate forms for the reporting of missing
children, missing veterans at risk, and missing endangered
adults that may be used by law enforcement agencies and private
citizens to provide useful information about a missing child, a
missing veteran at risk, or a missing endangered adult to the
clearinghouse.
(4) Cooperation with the following agencies concerning the
location of missing children, missing veterans at risk, and
missing endangered adults:
(A) State and local public and private nonprofit agencies
involved with the location and recovery of missing persons.
(B) Agencies of the federal government.
(C) State and local law enforcement agencies within and
outside Indiana.
(5) Coordinating efforts to locate missing children, missing
veterans at risk, and missing endangered adults with the
agencies listed in subdivision (4).
(6) Operation of the toll free telephone line created under section
7(a) of this chapter.
(7) Publishing and updating, on a quarterly basis, a directory of
missing children, missing veterans at risk, and missing
endangered adults.
(8) Compiling statistics on missing children, missing veterans at
risk, and missing endangered adult cases handled by the
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clearinghouse, including the number of cases resolved each year.
SECTION 8. IC 10-13-5-7, AS AMENDED BY P.L.56-2023,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 7. (a) The clearinghouse shall do the following:
(1) Collect, process, and maintain identification and investigative
information to aid in finding missing children, missing veterans
at risk, and missing endangered adults.
(2) Establish a statewide, toll free telephone line for the reporting:
(A) of missing children, missing veterans at risk, and missing
endangered adults; and
(B) of sightings of missing children, missing veterans at risk,
and missing endangered adults.
(3) Prescribe a uniform reporting form concerning missing
children, missing veterans at risk, and missing endangered
adults for use by law enforcement agencies within Indiana.
(4) Assist in training law enforcement and other professionals on
issues relating to missing children, missing veterans at risk, and
missing endangered adults.
(5) Operate a resource center of information regarding the
prevention of:
(A) the abduction of children; and
(B) the sexual exploitation of children.
(6) Distribute the quarterly directory prepared under section
6(b)(7) of this chapter to schools and hospitals.
(7) Distribute the quarterly directory described in subdivision (6)
to child care centers and child care homes that make an annual
contribution of four dollars ($4) to the clearinghouse. The
contributions must be used to help defray the cost of publishing
the quarterly directory.
(b) For a missing child who was born in Indiana, the clearinghouse
shall notify the vital statistics division of the Indiana department of
health:
(1) within fifteen (15) days after receiving a report under
IC 31-36-1-3 (or IC 31-6-13-4 before its repeal) of a missing child
less than thirteen (13) years of age; and
(2) promptly after the clearinghouse is notified that a missing
child has been found.
(c) Upon receiving notification under subsection (b) that a child is
missing or has been found, the vital statistics division of the Indiana
department of health shall notify the local health department or the
health and hospital corporation that has jurisdiction over the area where
the child was born.
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(d) Information collected, processed, or maintained by the
clearinghouse under subsection (a) is confidential and is not subject to
IC 5-14-3, but may be disclosed by the clearinghouse for purposes of
locating missing children, missing veterans at risk, and missing
endangered adults.
SECTION 9. IC 10-13-5-8, AS AMENDED BY P.L.115-2018,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 8. (a) The clearinghouse shall operate an Amber
alert program, a green alert program, and the a silver alert program.
(b) Upon the establishment of an the Amber alert program, the
green alert program, and the silver alert program, the clearinghouse
may enter into an agreement with one (1) or more broadcasters to
operate the Amber alert program, the green alert program, and the
silver alert program under this chapter.
(c) The superintendent shall designate staff responsible for the
operation of the Amber alert program, the green alert program, and
the silver alert program.
(d) The department shall adopt guidelines governing the
clearinghouse's operation of the Amber alert program, the green alert
program, and the silver alert program. The department's guidelines
may require that staff, upon receiving a report that a child has been
abducted or an endangered child, veteran at risk, or endangered adult
is missing, immediately send electronically or by other means of
communication a description of the abducted child or missing
endangered child, missing veteran at risk, or missing endangered
adult to one (1) or more broadcasters participating in the Amber alert
program, the green alert program, or the silver alert program. The
guidelines must include criteria that the clearinghouse shall use in
determining whether to issue a silver alert or green alert and the
geographic area or region in which to issue the silver alert or green
alert.
(e) A broadcaster participating in the Amber alert program, the
green alert program, or the silver alert program shall immediately
broadcast:
(1) a description of the abducted child, missing endangered child,
missing veteran at risk, or missing endangered adult; and
(2) other information that will assist in locating the abducted
child, missing endangered child, missing veteran at risk, or
missing endangered adult;
to the general public in accordance with the Amber alert plan
agreement, green alert plan agreement, or the silver alert plan
agreement between the clearinghouse and the broadcaster.
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(f) The department shall adopt guidelines governing the voluntary
Amber alert program agreement, and the voluntary green alert
program agreement, or voluntary silver alert program agreement
between the clearinghouse and a broadcaster. The voluntary
agreements between the clearinghouse and the broadcaster may include
the following provisions:
(1) Upon receiving a notification as part of the Amber alert
program, green alert program, or the silver alert program, the
broadcaster shall broadcast the information contained on the
notice on an intermittent basis for a period of time as provided in
the agreements between the clearinghouse and the broadcaster.
(2) The broadcaster shall treat the Amber alert notification, green
alert notification, or the silver alert notification as an emergency.
(3) The broadcaster shall ensure that the form of communication
used to receive an Amber alert notification, a green alert
notification, or a silver alert notification is:
(A) generally available to receive an Amber alert notification,
a green alert notification, or a silver alert notification; and
(B) located such that the broadcaster will immediately become
aware of an incoming Amber alert notification, green alert
notification, or silver alert notification.
SECTION 10. IC 10-13-5-8.1, AS AMENDED BY P.L.115-2018,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 8.1. (a) In addition to an agreement with a
broadcaster under section 8 of this chapter, the clearinghouse may enter
into an agreement with one (1) or more electronic billboard operators
to display Amber alerts, green alerts, or silver alerts under this section.
An agreement under this section may include a limitation on the days
and times that the electronic billboard operator is required to have staff
present to receive an Amber alert, a green alert, or a silver alert
notification.
(b) The department's guidelines adopted under section 8 of this
chapter may require staff, upon receiving a report that a child has been
abducted, an endangered child is missing, a veteran at risk is missing,
or an endangered adult is missing, to immediately send electronically
or by other means of communication a description of the abducted
child, missing endangered child, missing veteran at risk, or missing
endangered adult to one (1) or more electronic billboard operators
participating in the Amber alert program, green alert program, or
silver alert program if the Amber alert, green alert, or silver alert
occurs during a period when the electronic billboard operator has
agreed to have staff present to receive an Amber alert notification, a
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green alert notification, or a silver alert notification.
(c) An electronic billboard operator participating in the Amber alert
program, green alert program, or silver alert program shall
immediately display:
(1) a description of the abducted child, missing endangered child,
missing veteran at risk, or missing endangered adult; and
(2) other information that will assist in locating the abducted
child, missing endangered child, missing veteran at risk, or
missing endangered adult;
to the general public in accordance with the Amber alert plan
agreement, green alert plan agreement, or silver alert plan agreement
between the clearinghouse and the electronic billboard operator.
(d) The department shall adopt guidelines governing the voluntary
Amber alert program and the agreement, voluntary green alert
program agreement, or voluntary silver alert program agreements
agreement between the clearinghouse and an electronic billboard
operator. The voluntary agreements between the clearinghouse and the
electronic billboard operator may include the following provisions:
(1) Upon receiving a notification as part of the Amber alert
program, the green alert program, or the silver alert program,
the electronic billboard operator shall display the information
contained in the notice on an intermittent basis for a period of
time as provided in the agreements between the clearinghouse and
the electronic billboard operator.
(2) The electronic billboard operator shall treat the Amber alert
notification, the green alert notification, or the silver alert
notification as an emergency.
(3) The electronic billboard operator shall ensure that the form of
communication used to receive an Amber alert notification, a
green alert notification, or a silver alert notification is:
(A) generally available to receive an Amber alert notification,
a green alert notification, or a silver alert notification; and
(B) located such that the electronic billboard operator will
immediately become aware of an incoming Amber alert
notification, a green alert notification, or a silver alert
notification received during days and times when staff is
present to receive an Amber alert notification, a green alert
notification, or a silver alert notification.
SECTION 11. IC 10-13-5-8.5, AS AMENDED BY P.L.115-2018,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 8.5. (a) A broadcaster or electronic billboard
operator that has agreed to participate in the Amber alert program,
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green alert program, or silver alert program and that:
(1) receives an Amber alert notification, a green alert
notification, or a silver alert notification from the department;
and
(2) broadcasts or displays:
(A) a description of the abducted child, missing endangered
child, missing veteran at risk, or missing endangered adult
contained in the notification; and
(B) other information contained in the notification that will
assist in locating the child, missing veteran at risk, or
missing endangered adult;
is immune from civil liability based on the broadcast or display of the
information received from the department.
(b) If:
(1) a person enters into an agreement with the department to
establish or maintain an Amber alert web site website, a green
alert website, or a silver alert web site; website; and
(2) the agreement provides that only the department has the
ability to place information on the web site; website;
the person is immune from civil liability for the information placed on
the web site website by the department. However, this subsection does
not affect the applicability of IC 34-13-3 to the department.
SECTION 12. IC 12-7-2-197.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 197.3. "Veteran at risk" means
a veteran or active duty member of the armed forces of the United
States, the national guard, or a reserve component of the armed
forces of the United States who is known, based on information
provided by a person making a report under IC 12-10-18-1, to have
a physical or mental health condition that is related to the
veteran's military service.
SECTION 13. IC 12-7-2-197.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 197.4. "Veteran at risk alert"
means an alert indicating that law enforcement officials are
searching for a missing veteran at risk.
SECTION 14. IC 12-10-18-0.5, AS ADDED BY P.L.92-2007,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 0.5. (a) A missing endangered adult is a high risk
missing person under IC 5-2-17. A law enforcement agency receiving
a report of a missing endangered adult shall follow the procedures in
IC 5-2-17 in addition to the procedures described in this chapter.
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(b) A missing veteran at risk is a high risk missing person under
IC 5-2-17. A law enforcement agency receiving a report of a
missing veteran at risk shall follow the procedures in IC 5-2-17 in
addition to the procedures described in this chapter.
SECTION 15. IC 12-10-18-1, AS AMENDED BY P.L.50-2021,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1. (a) A law enforcement agency that receives a
notification concerning a missing endangered adult or missing veteran
at risk from:
(1) the missing endangered adult's or missing veteran at risk's:
(A) guardian;
(B) custodian; or
(C) guardian ad litem; or
(2) an individual who:
(A) provides the missing endangered adult or missing veteran
at risk with home health aid services;
(B) possesses a health care power of attorney that was
executed under IC 30-5-5-16 for the missing endangered adult
or missing veteran at risk; or
(C) has evidence that the missing endangered adult or missing
veteran at risk has a condition that may prevent the missing
endangered adult or missing veteran at risk from returning
home without assistance;
shall prepare an investigative report on the missing endangered adult
or missing veteran at risk if, based on the notification, the law
enforcement agency has reason to believe that an endangered adult or
veteran at risk is missing.
(b) The investigative report described in subsection (a) may include
the following:
(1) Relevant information obtained from the notification
concerning the missing endangered adult or missing veteran at
risk, including the following:
(A) A physical description of the missing endangered adult or
missing veteran at risk.
(B) The date, time, and place that the missing endangered
adult or missing veteran at risk was last seen.
(C) The missing endangered adult's or missing veteran at
risk's address.
(2) Information gathered by a preliminary investigation, if one
was made.
(3) A statement by the law enforcement officer in charge setting
forth that officer's assessment of the case based upon the evidence
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and information received.
SECTION 16. IC 12-10-18-2, AS ADDED BY P.L.140-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. The law enforcement agency shall prepare the
investigative report described by section 1 of this chapter as soon as
practicable, and if possible not later than five (5) hours after the law
enforcement agency receives notification of a missing endangered adult
or missing veteran at risk.
SECTION 17. IC 12-10-18-3, AS AMENDED BY P.L.43-2009,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. (a) Upon completion of the report described by
section 1 of this chapter, if the law enforcement agency has reason to
believe that public notification may assist in locating the missing
endangered adult or missing veteran at risk, the law enforcement
agency may immediately forward the contents of the report to:
(1) all law enforcement agencies that have jurisdiction in the
location where the missing endangered adult or missing veteran
at risk lives and all law enforcement agencies that have
jurisdiction in the location where the missing endangered adult or
missing veteran at risk was last seen;
(2) all law enforcement agencies to which the person who made
the notification concerning the missing endangered adult or
missing veteran at risk requests the report be sent, if the law
enforcement agency determines that the request is reasonable in
light of the information received;
(3) all law enforcement agencies that request a copy of the report;
(4) one (1) or more broadcasters that broadcast in an area where
the missing endangered adult or missing veteran at risk may be
located;
(5) the Indiana data and communication system (IDACS);
(6) the National Crime Information Center's Missing Person File,
if appropriate; and
(7) the Indiana clearinghouse for information on missing children,
missing veterans at risk, and missing endangered adults,
established by IC 10-13-5-5, to disseminate information
concerning the:
(A) missing endangered adult to be broadcast as part of the
silver alert program; or
(B) missing veteran at risk to be broadcast as part of the
green alert program.
(b) Upon completion of the report described by section 1 of this
chapter, a law enforcement agency may forward a copy of the contents
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of the report to one (1) or more newspapers distributed in an area
where the missing endangered adult or missing veteran at risk may
be located.
(c) After forwarding the contents of the report to a broadcaster or
newspaper under this section, the law enforcement agency may request
that the broadcaster or newspaper:
(1) notify the public that there is an endangered adult medical
alert or a missing veteran at risk alert; and
(2) broadcast or publish:
(A) a description of the missing endangered adult or missing
veteran at risk; and
(B) any other relevant information that would assist in locating
the missing endangered adult or missing veteran at risk.
(d) A broadcaster or newspaper that receives a request concerning
a missing endangered adult or missing veteran at risk under
subsection (c) may, at the discretion of the broadcaster or newspaper:
(1) notify the public that there is an endangered adult medical
alert or a missing veteran at risk alert; and
(2) broadcast or publish:
(A) a description of the missing endangered adult or missing
veteran at risk; and
(B) any other relevant information that would assist in locating
the missing endangered adult or missing veteran at risk.
SECTION 18. IC 12-10-18-4, AS ADDED BY P.L.140-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. A law enforcement agency may begin an
investigation concerning a missing endangered adult or missing
veteran at risk as soon as possible after receiving notification of the
missing endangered adult or missing veteran at risk.
SECTION 19. IC 12-10-18-5, AS ADDED BY P.L.140-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5. An individual described in section 1(a)(1) or
1(a)(2) of this chapter who notifies a law enforcement agency
concerning a missing endangered adult or missing veteran at risk
shall notify the law enforcement agency when the missing endangered
adult or missing veteran at risk is found.
SECTION 20. IC 12-10-18-6, AS ADDED BY P.L.140-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 6. (a) A broadcaster or newspaper that receives a
report of a missing endangered adult or missing veteran at risk from
a law enforcement agency under section 3 of this chapter is immune
from civil liability for an act or omission related to:
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(1) the broadcast or publication of information contained in the
report, including:
(A) a description of the missing endangered adult or missing
veteran at risk; and
(B) any other relevant information that would assist in locating
the missing endangered adult or missing veteran at risk; or
(2) the decision of the broadcaster or newspaper not to broadcast
or publish information contained in the report.
(b) The civil immunity described in subsection (a) does not apply to
an act or omission that constitutes gross negligence or willful, wanton,
or intentional misconduct.
SECTION 21. IC 12-17.2-2-1.5, AS AMENDED BY P.L.43-2009,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1.5. (a) The division shall require all child care
centers or child care homes to submit a report containing the names
and birth dates of all children who are enrolled in the child care center
or child care home within three (3) months from the date the child care
center or child care home accepts its first child, upon receiving the
consent of the child's parent, guardian, or custodian as required under
subsection (b). The division shall require all child care centers and
child care homes that receive written consent as described under
subsection (b) to submit a monthly report of the name and birth date of
each additional child who has been enrolled in or withdrawn from the
child care center or child care home during the preceding thirty (30)
days.
(b) The division shall require all child care centers or child care
homes to request whether the child's parent, guardian, or custodian
desires the center or home to include the child's name and birth date in
the reports described under subsection (a) before enrolling the child in
the center or home. No child's name or birth date may be included on
the report required under subsection (a) without the signed consent of
the child's parent, guardian, or custodian. The consent form must be in
the following form:
"I give my permission for _____________________ (name of day
care center or home) to report the name and birth date of my child
or children to the division of family resources pursuant to
IC 12-17.2-2-1.5.
Name of child ____________________________________
Birth date _______________________________________
Signature of parent, guardian, or custodian
_______________________________________________
Date ____________________________________________".
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(c) The division shall submit a monthly report of the information
provided under subsection (a) to the Indiana clearinghouse for
information on missing children, missing veterans at risk, and missing
endangered adults established under IC 10-13-5.
(d) The division shall require that a person who transports children
who are in the care of the child care center on a public highway (as
defined in IC 9-25-2-4) within or outside Indiana in a vehicle designed
and constructed for the accommodation of more than ten (10)
passengers must comply with the same requirements set forth in
IC 20-27-9-12 for a public elementary or secondary school or a
preschool operated by a school corporation.
SECTION 22. IC 12-17.2-4-18.5, AS AMENDED BY P.L.43-2009,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 18.5. (a) Upon receiving a report under
IC 31-36-1-4, a child care center shall thoroughly inspect the report. If
the child care center finds that a child on the report required under
IC 31-36-1-4 is enrolled at the child care center, the child care center
shall immediately notify the Indiana clearinghouse for information on
missing children, missing veterans at risk, and missing endangered
adults.
(b) Upon receiving a report under IC 31-36-1-4, a child care center
shall attach a notice to the child's enrollment records stating that the
child has been reported missing. The child care center shall remove the
notice when the center is notified under IC 31-36-2-6 that the child has
been found.
(c) If a request for the enrollment records of a missing child is
received, the child care center shall:
(1) obtain:
(A) the name, address, and telephone number of the person
making the request; and
(B) the reason that the person is requesting the school records;
and
(2) immediately notify the Indiana clearinghouse for information
on missing children, missing veterans at risk, and missing
endangered adults.
(d) The child care center may not issue a copy of the enrollment
records of a child reported missing without authorization from the
Indiana clearinghouse for information on missing children, missing
veterans at risk, and missing endangered adults and may not inform
the person making the request that a notice that the child has been
reported missing has been attached to the child's records.
SECTION 23. IC 12-17.2-5-18.6, AS AMENDED BY P.L.43-2009,
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SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 18.6. (a) Upon receiving a report under
IC 31-36-1-4, a child care home shall thoroughly inspect the report. If
the child care home finds that a child on the report required under
IC 31-36-1-4 is enrolled at the child care home, the child care home
shall immediately notify the Indiana clearinghouse for information on
missing children, missing veterans at risk, and missing endangered
adults.
(b) Upon receiving a report under IC 31-36-1-4, a child care home
shall attach a notice to the child's enrollment records stating that the
child has been reported missing. The child care home shall remove the
notice when the center is notified under IC 31-36-2-6 that the child has
been found.
(c) If a request for the enrollment records of a missing child is
received, the child care home shall:
(1) obtain:
(A) the name, address, and telephone number of the person
making the request; and
(B) the reason that the person is requesting the school records;
and
(2) immediately notify the Indiana clearinghouse for information
on missing children, missing veterans at risk, and missing
endangered adults.
(d) The child care home may not issue a copy of the enrollment
records of a child reported missing without authorization from the
Indiana clearinghouse for information on missing children, missing
veterans at risk, and missing endangered adults and may not inform
the person making the request that a notice that the child has been
reported missing has been attached to the child's records.
SECTION 24. IC 16-37-1-8, AS AMENDED BY P.L.147-2023,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 8. (a) Except as provided in subsection (d), a local
health officer shall provide a certification of birth, death, or stillbirth
registration upon request by any person only if:
(1) the health officer is satisfied that the applicant has a direct
interest in the matter;
(2) the health officer determines that the certificate is necessary
for the determination of personal or property rights or for
compliance with state or federal law; and
(3) the applicant for a birth certificate presents at least one (1)
form of identification.
However, the local health officer must issue a certificate of an
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applicant's own birth registration.
(b) A local health officer's decision whether or not to issue a
certified copy of a birth certificate is subject to review by a court.
(c) A local health officer may issue a certification of birth, death, or
stillbirth from the electronic registration systems in section 3.1 of this
chapter, regardless of the location of the filing of the record.
(d) A local health officer may not issue a copy of a birth certificate
of a missing child to which a notice has been attached under
IC 10-13-5-11 without the authorization of the Indiana clearinghouse
for information on missing children, missing veterans at risk, and
missing endangered adults.
(e) Upon determination that a person may be provided a certification
of death under subsection (a), the local health officer shall provide to
the person a certification of death that excludes information concerning
the cause of death if the person requests the exclusion of this
information.
SECTION 25. IC 20-26-13-10, AS AMENDED BY P.L.246-2023,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 10. (a) Except as provided in section 11 of this
chapter and subject to IC 20-31-8-4.6 and IC 20-32-4-14, the four (4)
year graduation rate for a cohort in a high school is the percentage
determined under STEP FIVE of the following formula:
STEP ONE: Determine the grade 9 enrollment at the beginning of
the reporting year three (3) years before the reporting year for
which the graduation rate is being determined.
STEP TWO: Add:
(A) the number determined under STEP ONE; and
(B) the number of students who:
(i) have enrolled in the high school after the date on which
the number determined under STEP ONE was determined;
and
(ii) have the same expected graduation year as the cohort.
STEP THREE: Subtract from the sum determined under STEP
TWO the number of students who have left the cohort for any of
the following reasons:
(A) Transfer to another public or nonpublic school.
(B) Except as provided in IC 20-33-2-28.6 and subsection (b),
removal by the student's parents under IC 20-33-2-28 to
provide instruction equivalent to that given in the public
schools.
(C) Withdrawal because of a long term medical condition or
death.
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(D) Detention by a law enforcement agency or the department
of correction.
(E) Placement by a court order or the department of child
services.
(F) Enrollment in a virtual school.
(G) Leaving school, if the student attended school in Indiana
for less than one (1) school year and the location of the student
cannot be determined.
(H) Leaving school, if the location of the student cannot be
determined and the student has been reported to the Indiana
clearinghouse for information on missing children, missing
veterans at risk, and missing endangered adults.
(I) Withdrawing from school before graduation, if the student
is a high ability student (as defined in IC 20-36-1-3) who is a
full-time student at an accredited institution of higher
education during the semester in which the cohort graduates.
(J) Withdrawing from school before graduation pursuant to
providing notice of withdrawal under section 17 of this
chapter.
(K) Participating in the high school equivalency pilot program
under IC 20-30-8.5, unless the student fails to successfully
complete the high school equivalency pilot program in the two
(2) year period. This clause expires June 30, 2024.
STEP FOUR: Determine the result of:
(A) the total number of students determined under STEP TWO
who have graduated during the current reporting year or a
previous reporting year; minus
(B) the amount by which the number of students who
graduated through a waiver process required under IC 20-32-3
through IC 20-32-5.1 exceeds:
(i) nine percent (9%) of the total number of students
determined under clause (A) for the 2023-2024 school year;
(ii) six percent (6%) of the total number of students
determined under clause (A) for the 2024-2025 school year;
or
(iii) three percent (3%) of the total number of students
determined under clause (A) for each school year after June
30, 2025.
STEP FIVE: Divide:
(A) the number determined under STEP FOUR; by
(B) the remainder determined under STEP THREE.
(b) This subsection applies to a high school in which:
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(1) for a:
(A) cohort of one hundred (100) students or less, at least ten
percent (10%) of the students left a particular cohort for a
reason described in subsection (a) STEP THREE clause (B);
or
(B) cohort of more than one hundred (100) students, at least
five percent (5%) of the students left a particular cohort for a
reason described in subsection (a) STEP THREE clause (B);
and
(2) the students described in subdivision (1)(A) or (1)(B) are not
on track to graduate with their cohort.
A high school must submit a request to the state board in a manner
prescribed by the state board requesting that the students described in
this subsection be included in the subsection (a) STEP THREE
calculation. The state board shall review the request and may grant or
deny the request. The state board shall deny the request unless the high
school demonstrates good cause to justify that the students described
in this subsection should be included in the subsection (a) STEP
THREE calculation. If the state board denies the request the high
school may not subtract the students described in this subsection under
subsection (a) STEP THREE.
SECTION 26. IC 20-33-2-10, AS AMENDED BY P.L.32-2021,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 10. (a) Each public school shall and each private
school may require a student who initially enrolls in the school to
provide:
(1) the name and address of the school the student last attended;
and
(2) a certified copy of the student's birth certificate or other
reliable proof of the student's date of birth.
(b) Each public school, charter school, and nonpublic school with
at least one (1) employee shall provide upon request of another school
a copy of a particular student's disciplinary records that are relevant to
the safety of students, if the particular student currently attends the
requesting school and is currently enrolled in the requesting school.
(c) Not more than fourteen (14) days after initial enrollment in a
school, the school shall request the student's records from the school
the student last attended.
(d) If the document described in subsection (a)(2):
(1) is not provided to the school not more than thirty (30) days
after the student's enrollment; or
(2) appears to be inaccurate or fraudulent;
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the school shall notify the Indiana clearinghouse for information on
missing children, missing veterans at risk, and missing endangered
adults established under IC 10-13-5-5 and determine if the student has
been reported missing.
(e) A school in Indiana receiving a request for records shall send the
records promptly to the requesting school. However, if a request is
received for records to which a notice has been attached under
IC 31-36-1-5 (or IC 31-6-13-6 before its repeal), the school:
(1) shall immediately notify the Indiana clearinghouse for
information on missing children, missing veterans at risk, and
missing endangered adults;
(2) may not send the school records without the authorization of
the clearinghouse; and
(3) may not inform the requesting school that a notice under
IC 31-36-1-5 (or IC 31-6-13-6 before its repeal) has been attached
to the records.
(f) Notwithstanding subsection (e), if a parent of a child who has
enrolled in a state accredited nonpublic school is in breach of a contract
that conditions release of student records on the payment of
outstanding tuition and other fees, the state accredited nonpublic school
shall provide a requesting school sufficient verbal information to
permit the requesting school to make an appropriate placement
decision regarding the child. However, the state accredited nonpublic
school must provide the information described in subsection (b) to the
requesting school.
SECTION 27. IC 31-34-2-5, AS AMENDED BY P.L.43-2009,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5. If a child in need of services is a missing child
and is taken into custody under a court order, the person taking the
child into custody shall do the following:
(1) Take the child to a place designated in the order.
(2) Give notice to the following that the child has been taken into
custody:
(A) The child's legal custodian.
(B) The clearinghouse for information on missing children,
missing veterans at risk, and missing endangered adults
established by IC 10-13-5.
SECTION 28. IC 31-34-2.5-2, AS AMENDED BY P.L.45-2023,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. (a) Immediately after an emergency medical
services provider takes custody of a safe haven infant under section 1
of this chapter, the provider shall notify either:
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(1) the department of child services; or
(2) a licensed child placing agency;
that the provider has taken custody of the safe haven infant.
(b) If notified under subsection (a), the department of child services
or a licensed child placing agency shall:
(1) assume the care, control, and custody of the safe haven infant
immediately after receiving notice under subsection (a);
(2) not later than forty-eight (48) hours after the department of
child services or a licensed child placing agency has taken
custody of the safe haven infant, contact the Indiana
clearinghouse for information on missing children, missing
veterans at risk, and missing endangered adults established by
IC 10-13-5-5 and the National Center for Missing and Exploited
Children to determine if the safe haven infant has been reported
missing; and
(3) fifteen (15) days after the department of child services or a
licensed child placing agency has taken custody of the safe haven
infant, contact the National Center for Missing and Exploited
Children a second time to determine if the safe haven infant has
been reported missing.
SECTION 29. IC 31-36-1-3, AS AMENDED BY P.L.183-2017,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. Upon completion of the report required by
section 1 of this chapter, the law enforcement agency shall immediately
forward the contents of the report to:
(1) all law enforcement agencies that have jurisdiction of the
location in which the missing child lives and all law enforcement
agencies that have jurisdiction of the location in which the
missing child was last seen;
(2) all law enforcement agencies to which the person who
provided notification requests the report be sent, if the law
enforcement agency determines that the request is reasonable in
light of the information contained in the report;
(3) all law enforcement agencies that request a copy of the report;
(4) the Indiana clearinghouse for information on missing children,
missing veterans at risk, and missing endangered adults
established by IC 10-13-5;
(5) the Indiana data and communication system (IDACS);
(6) the National Crime Information Center's Missing Person File;
and
(7) the department.
SECTION 30. IC 31-36-1-5, AS AMENDED BY P.L.43-2009,
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SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5. (a) Upon receiving a report under section 4 of
this chapter, a school shall attach a notice to the child's school records
stating that the child has been reported missing. The school shall
remove the notice when the school is notified under IC 31-36-2-6 that
the child has been found.
(b) If a request for the school records of a missing child is received,
the school shall:
(1) obtain:
(A) the name, address, and telephone number of the person
making the request; and
(B) the reason that the person is requesting the school records;
and
(2) immediately notify the Indiana clearinghouse for information
on missing children, missing veterans at risk, and missing
endangered adults.
(c) The school may not issue a copy of school records without
authorization from the Indiana clearinghouse for information on
missing children, missing veterans at risk, and missing endangered
adults and may not inform the person making the request that a notice
that the child has been reported missing has been attached to the child's
records.
SECTION 31. IC 31-36-2-2, AS AMENDED BY P.L.43-2009,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. A law enforcement agency involved in the
investigation of a missing child shall do the following:
(1) Update the initial report filed by the agency that received
notification of the missing child upon the discovery of new
information concerning the investigation.
(2) Forward the updated report to the agencies and organizations
listed in IC 31-36-1-3.
(3) Search the National Crime Information Center's Wanted
Person File for reports of arrest warrants issued for persons who
allegedly abducted or unlawfully retained children and compare
these reports to the missing child's National Crime Information
Center's Missing Person File.
(4) Notify all law enforcement agencies involved in the
investigation, the Indiana clearinghouse for information on
missing children, missing veterans at risk, and missing
endangered adults, and the National Crime Information Center
when the missing child is located.
SECTION 32. IC 34-30-2.1-116, AS ADDED BY P.L.105-2022,
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SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 116. IC 10-13-5-8.5 (Concerning a broadcaster
who broadcasts or an electronic billboard operator who displays an
Amber alert notification, a green alert notification, or a silver alert
notification and a person who establishes or maintains an Amber alert
web site website, a green alert website, or a silver alert web site
website under an agreement with the state police department).
SECTION 33. IC 34-30-2.1-136, AS ADDED BY P.L.105-2022,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 136. IC 12-10-18-6 (Concerning a broadcaster or
newspaper that receives a report concerning an endangered adult
medical alert or missing veteran at risk alert).
SECTION 34. IC 35-44.1-2-3, AS AMENDED BY P.L.174-2021,
SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. (a) As used in this section, "consumer product"
has the meaning set forth in IC 35-45-8-1.
(b) As used in this section, "misconduct" means a violation of a
departmental rule or procedure of a law enforcement agency.
(c) A person who reports that:
(1) the person or another person has placed or intends to place an
explosive, a destructive device, or other destructive substance in
a building or transportation facility;
(2) there has been or there will be tampering with a consumer
product introduced into commerce; or
(3) there has been or will be placed or introduced a weapon of
mass destruction in a building or a place of assembly;
knowing the report to be false, commits false reporting, a Level 6
felony.
(d) A person who:
(1) gives:
(A) a false report of the commission of a crime; or
(B) false information to a law enforcement officer that relates
to the commission of a crime;
knowing the report or information to be false;
(2) gives a false alarm of fire to the fire department of a
governmental entity, knowing the alarm to be false;
(3) makes a false request for ambulance service to an ambulance
service provider, knowing the request to be false;
(4) gives a false report concerning a missing child (as defined in
IC 10-13-5-4), missing veteran at risk (as defined in
IC 12-7-2-197.3), or missing endangered adult (as defined in
IC 12-7-2-131.3) or gives false information to a law enforcement
HEA 1021 22
officer or a governmental entity that relates to a missing child,
missing veteran at risk, or missing endangered adult knowing
the report or information to be false;
(5) makes a complaint against a law enforcement officer to the
state or municipality (as defined in IC 8-1-13-3(b)) that employs
the officer:
(A) alleging the officer engaged in misconduct while
performing the officer's duties; and
(B) knowing the complaint to be false;
(6) makes a false report of a missing person, knowing the report
or information is false;
(7) gives a false report of actions, behavior, or conditions
concerning:
(A) a septic tank soil absorption system under IC 8-1-2-125 or
IC 13-26-5-2.5; or
(B) a septic tank soil absorption system or constructed wetland
septic system under IC 36-9-23-30.1;
knowing the report or information to be false; or
(8) makes a false report that a person is dangerous (as defined in
IC 35-47-14-1) knowing the report or information to be false;
commits false informing, a Class B misdemeanor. However, the offense
is a Class A misdemeanor if it substantially hinders any law
enforcement process or if it results in harm to another person.
HEA 1021 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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