Introduced Version
HOUSE BILL No. 1123
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-9-2; IC 31-25-2-14.5; IC 31-33-18-2;
IC 34-30-2.1-506.2.
Synopsis: Child advocacy centers. Provides that the department of
child services may use a child advocacy center to coordinate a
multidisciplinary team for responding to reports involving child abuse
or neglect. Requires the child advocacy center to: (1) coordinate a
multidisciplinary team that consists of certain professionals; (2) ensure
that the multidisciplinary team members have certain training; (3)
provide a dedicated child-focused setting designed to provide a safe,
comfortable, and neutral place for a forensic interview and other child
advocacy center services; (4) use written protocols for case review; (5)
use a case tracking system to provide information on essential
demographic and case information; and (6) verify that multidisciplinary
team members responsible for providing medical evaluations and
mental health services have certain training. Provides the child
advocacy center's agents and employees civil immunity in certain
circumstances. Allows otherwise confidential information regarding an
investigation of child abuse or neglect to be made available to child
advocacy centers.
Effective: July 1, 2024.
DeVon
January 8, 2024, read first time and referred to Committee on Family, Children and Human
Affairs.
2024 IN 1123—LS 6450/DI 148 Introduced
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 BILL No. 1123
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 31-9-2-14.2 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 14.2. "Child advocacy center", for purposes of
4 IC 31-25-2-14.5 and IC 31-33-18-2, means a child focused trauma
5 informed community based organization that:
6 (1) is:
7 (A) recognized by the Indiana Chapter of National
8 Children's Alliance; and
9 (B) designed to collaborate on reports of child abuse or
10 neglect;
11 (2) coordinates a multidisciplinary team; and
12 (3) facilitates forensic interviews.
13 SECTION 2. IC 31-9-2-47.1 IS ADDED TO THE INDIANA CODE
14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
15 1, 2024]: Sec. 47.1. "Forensic interview", for purposes of section
16 14.2 of this chapter and IC 31-25-2-14.5, means an interview in
17 response to a report of child abuse or neglect conducted by a
2024 IN 1123—LS 6450/DI 148 2
1 professional specially trained in a nationally recognized model
2 using a multidisciplinary team approach.
3 SECTION 3. IC 31-25-2-14.5 IS ADDED TO THE INDIANA
4 CODE AS A NEW SECTION TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2024]: Sec. 14.5. (a) The department may use
6 a child advocacy center to coordinate a multidisciplinary team for
7 responding to, and through the conclusion of, reports involving
8 child abuse or neglect.
9 (b) A child advocacy center shall do the following:
10 (1) Coordinate a multidisciplinary team that consists of a
11 representative from or described by each of the following:
12 (A) The child advocacy center.
13 (B) Law enforcement.
14 (C) Child protective services.
15 (D) The prosecuting attorney's office.
16 (E) A medical provider.
17 (F) A mental health provider.
18 (G) A victim advocate.
19 Multidisciplinary team members may fill more than one (1)
20 role, within the scope of the team member's practice, as
21 needed.
22 (2) Offer cultural competency and diversity training to the
23 multidisciplinary team members.
24 (3) Provide a dedicated child-focused setting designed to
25 provide a safe, comfortable, and neutral place for a forensic
26 interview and other child advocacy center services.
27 (4) Use written protocols for case review.
28 (5) Use a case tracking system to provide information on
29 essential demographic and case information.
30 (6) Verify that multidisciplinary team members who are
31 responsible for providing:
32 (A) medical evaluations have specific training in child
33 abuse or child sexual abuse examinations; and
34 (B) mental health services are trained in and deliver
35 trauma-focused, evidence-supported mental health
36 treatments.
37 (c) Except as provided in subsection (d), the files, reports,
38 records, communications, and working papers used or developed
39 in providing services through a child advocacy center are
40 confidential and are not public records.
41 (d) A multidisciplinary team member may share with other
42 multidisciplinary team members any information or records
2024 IN 1123—LS 6450/DI 148 3
1 concerning the child, the child's family, or the person who is the
2 subject of the investigation of suspected child abuse or neglect for
3 the purpose of:
4 (1) facilitating a forensic interview;
5 (2) facilitating a case discussion or case review; or
6 (3) providing services to the child or the child's caregivers.
7 The information shared under this subsection remains confidential.
8 (e) Except as provided in subsection (f), an agent or employee of
9 a child advocacy center is immune from civil liability for acts or
10 omissions related to the agent's or employee's participation in the
11 multidisciplinary team response described in subsection (a).
12 (f) The agent or employee is not immune from civil liability if
13 the:
14 (1) act or omission amounts to:
15 (A) gross negligence; or
16 (B) willful or wanton misconduct; or
17 (2) agent or employee has been charged with or suspected of
18 abusing or neglecting the child who is the subject of the
19 investigation or services provided.
20 SECTION 4. IC 31-33-18-2, AS AMENDED BY P.L.77-2023,
21 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2024]: Sec. 2. Except as otherwise prohibited by federal law,
23 the reports and other material described in section 1(a) of this chapter
24 and the unredacted reports and other material described in section 1(b)
25 of this chapter shall be made available only to the following:
26 (1) Persons authorized by this article.
27 (2) A legally mandated public or private child protective agency
28 investigating a report of child abuse or neglect or treating a child
29 or family that is the subject of a report or record.
30 (3) Any of the following who are investigating a report of a child
31 who may be a victim of child abuse or neglect:
32 (A) A police officer or other law enforcement agency.
33 (B) A prosecuting attorney.
34 (C) A coroner, in the case of the death of a child.
35 (D) A child advocacy center.
36 (4) A physician who has before the physician a child whom the
37 physician reasonably suspects may be a victim of child abuse or
38 neglect.
39 (5) An individual legally authorized to place a child in protective
40 custody if:
41 (A) the individual has before the individual a child whom the
42 individual reasonably suspects may be a victim of abuse or
2024 IN 1123—LS 6450/DI 148 4
1 neglect; and
2 (B) the individual requires the information in the report or
3 record to determine whether to place the child in protective
4 custody.
5 (6) An agency having the legal responsibility or authorization to
6 care for, treat, or supervise a child who is the subject of a report
7 or record or a parent, guardian, custodian, or other person who is
8 responsible for the child's welfare.
9 (7) An individual named in the report or record who is alleged to
10 be abused or neglected or, if the individual named in the report is
11 a child or is otherwise incompetent, the individual's guardian ad
12 litem or the individual's court appointed special advocate, or both.
13 (8) Each parent, guardian, custodian, or other person responsible
14 for the welfare of a child named in a report or record and an
15 attorney of the person described under this subdivision, with
16 protection for the identity of reporters and other appropriate
17 individuals.
18 (9) A court, for redaction of the record in accordance with section
19 1.5 of this chapter, or upon the court's finding that access to the
20 records may be necessary for determination of an issue before the
21 court. However, except for disclosure of a redacted record in
22 accordance with section 1.5 of this chapter, access is limited to in
23 camera inspection unless the court determines that public
24 disclosure of the information contained in the records is necessary
25 for the resolution of an issue then pending before the court.
26 (10) A grand jury upon the grand jury's determination that access
27 to the records is necessary in the conduct of the grand jury's
28 official business.
29 (11) An appropriate state or local official responsible for child
30 protection services or legislation carrying out the official's official
31 functions.
32 (12) The community child protection team appointed under
33 IC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request, to
34 enable the team to carry out the team's purpose under IC 31-33-3.
35 (13) A person about whom a report has been made, with
36 protection for the identity of:
37 (A) any person reporting known or suspected child abuse or
38 neglect; and
39 (B) any other person if the person or agency making the
40 information available finds that disclosure of the information
41 would be likely to endanger the life or safety of the person.
42 (14) An employee of the department, a caseworker, or a juvenile
2024 IN 1123—LS 6450/DI 148 5
1 probation officer conducting a criminal history check under
2 IC 31-26-5, IC 31-34, or IC 31-37 to determine the
3 appropriateness of an out-of-home placement for a:
4 (A) child at imminent risk of placement;
5 (B) child in need of services; or
6 (C) delinquent child.
7 The results of a criminal history check conducted under this
8 subdivision must be disclosed to a court determining the
9 placement of a child described in clauses (A) through (C).
10 (15) A local child fatality review team established under
11 IC 16-49-2.
12 (16) The statewide child fatality review committee established by
13 IC 16-49-4.
14 (17) The department.
15 (18) The division of family resources, if the investigation report:
16 (A) is classified as substantiated; and
17 (B) concerns:
18 (i) an applicant for a license to operate;
19 (ii) a person licensed to operate;
20 (iii) an employee of; or
21 (iv) a volunteer providing services at;
22 a child care center licensed under IC 12-17.2-4 or a child care
23 home licensed under IC 12-17.2-5.
24 (19) A citizen review panel established under IC 31-25-2-20.4.
25 (20) The department of child services ombudsman established by
26 IC 4-13-19-3.
27 (21) The secretary of education with protection for the identity of:
28 (A) any person reporting known or suspected child abuse or
29 neglect; and
30 (B) any other person if the person or agency making the
31 information available finds that disclosure of the information
32 would be likely to endanger the life or safety of the person.
33 (22) The state child fatality review coordinator employed by the
34 Indiana department of health under IC 16-49-5-1.
35 (23) A person who operates a child caring institution, group
36 home, or secure private facility if all the following apply:
37 (A) The child caring institution, group home, or secure private
38 facility is licensed under IC 31-27.
39 (B) The report or other materials concern:
40 (i) an employee of;
41 (ii) a volunteer providing services at; or
42 (iii) a child placed at;
2024 IN 1123—LS 6450/DI 148 6
1 the child caring institution, group home, or secure private
2 facility.
3 (C) The allegation in the report occurred at the child caring
4 institution, group home, or secure private facility.
5 (24) A person who operates a child placing agency if all the
6 following apply:
7 (A) The child placing agency is licensed under IC 31-27.
8 (B) The report or other materials concern:
9 (i) a child placed in a foster home licensed by the child
10 placing agency;
11 (ii) a person licensed by the child placing agency to operate
12 a foster family home;
13 (iii) an employee of the child placing agency or a foster
14 family home licensed by the child placing agency; or
15 (iv) a volunteer providing services at the child placing
16 agency or a foster family home licensed by the child placing
17 agency.
18 (C) The allegations in the report occurred in the foster family
19 home or in the course of employment or volunteering at the
20 child placing agency or foster family home.
21 (25) The National Center for Missing and Exploited Children.
22 (26) A local domestic violence fatality review team established
23 under IC 12-18-8, as determined by the department to be relevant
24 to the death or near fatality that the local domestic violence
25 fatality review team is reviewing.
26 (27) The statewide domestic violence fatality review committee
27 established under IC 12-18-9-3, as determined by the department
28 to be relevant to the death or near fatality that the statewide
29 domestic violence fatality review committee is reviewing.
30 (28) The statewide maternal mortality review committee
31 established under IC 16-50-1-3, as determined by the department
32 to be relevant to the case of maternal morbidity or maternal
33 mortality that the statewide maternal mortality review committee
34 is reviewing.
35 (29) A local fetal-infant mortality review team established under
36 IC 16-49-6, as determined by the department to be relevant to the
37 case of fetal or infant fatality that the local fetal-infant mortality
38 review team is reviewing.
39 (30) A suicide and overdose fatality review team established
40 under IC 16-49.5-2, as determined by the department to be
41 relevant to the case of a suicide or overdose fatality that the
42 suicide and overdose fatality review team is reviewing.
2024 IN 1123—LS 6450/DI 148 7
1 (31) The office of administrative law proceedings for a matter that
2 is the subject of an administrative proceeding before the office of
3 administrative law proceedings.
4 (32) A tribal representative, agency, or organization authorized by
5 the Indian child's tribe to care for, diagnose, treat, review,
6 evaluate, or monitor active efforts regarding an Indian child, and
7 the Indian child's parent, guardian, or custodian.
8 (33) The United States Department of State and foreign
9 governments to comply with federal law and treaties.
10 SECTION 5. IC 34-30-2.1-506.2 IS ADDED TO THE INDIANA
11 CODE AS A NEW SECTION TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2024]: Sec. 506.2. IC 31-25-2-14.5
13 (Concerning agents and employees of a child advocacy center).
2024 IN 1123—LS 6450/DI 148