*EH1123.1*
February 20, 2024
ENGROSSED
HOUSE BILL No. 1123
_____
DIGEST OF HB 1123 (Updated February 19, 2024 10:13 am - DI 119)
Citations Affected: IC 31-9; IC 31-25; IC 31-33; IC 34-30.
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 specified professionals; (2)
ensure that the multidisciplinary team members have specified training;
(3) provide a dedicated child-focused setting designed to provide a
safe, comfortable, and neutral place for a forensic interview and other
(Continued next page)
Effective: July 1, 2024.
DeVon, Olthoff, Goss-Reaves,
Jackson
(SENATE SPONSOR — MESSMER)
January 8, 2024, read first time and referred to Committee on Family, Children and Human
Affairs.
January 18, 2024, reported — Do Pass.
January 22, 2024, read second time, ordered engrossed. Engrossed.
January 23, 2024, read third time, passed. Yeas 96, nays 0.
SENATE ACTION
February 5, 2024, read first time and referred to Committee on Family and Children
Services.
February 19, 2024, amended, reported favorably — Do Pass.
EH 1123—LS 6450/DI 148 Digest Continued
child advocacy center services; (4) use written protocols; (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 specified training. Provides civil immunity for a child
advocacy center's employees, volunteers, and board members under
certain circumstances. Allows otherwise confidential information
regarding an investigation of child abuse or neglect to be made
available to a child advocacy center when the child advocacy center has
before it an investigation of child abuse or neglect in which it is
facilitating a forensic interview or facilitating a case discussion or case
review.
EH 1123—LS 6450/DI 148EH 1123—LS 6450/DI 148 February 20, 2024
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.
ENGROSSED
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
EH 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) The department.
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 signed by each member of the
28 multidisciplinary team.
29 (5) Use a case tracking system to provide information on
30 essential demographic and case information.
31 (6) Verify that multidisciplinary team members who are
32 responsible for providing:
33 (A) medical evaluations have specific training in child
34 abuse or child sexual abuse examinations; and
35 (B) mental health services are trained in and deliver
36 trauma-focused, evidence-supported mental health
37 treatments.
38 (c) Except as provided in subsection (d), the files, reports,
39 records, communications, and working papers used or developed
40 in providing services through a child advocacy center are
41 confidential and are not public records.
42 (d) A multidisciplinary team member may share with other
EH 1123—LS 6450/DI 148 3
1 multidisciplinary team members any information or records
2 concerning the child, the child's family, or the person who is the
3 subject of the investigation of suspected child abuse or neglect for
4 the purpose of:
5 (1) facilitating a forensic interview;
6 (2) facilitating a case discussion or case review; or
7 (3) providing services to the child or the child's caregivers.
8 The information shared under this subsection remains confidential.
9 (e) Except as provided in subsection (f), a:
10 (1) member of a child advocacy center's board of directors; or
11 (2) volunteer or employee of a child advocacy center;
12 is immune from civil liability for acts or omissions related to the
13 individual's participation in the multidisciplinary team response
14 described in subsection (a).
15 (f) An individual is not immune from civil liability under
16 subsection (e) if the:
17 (1) act or omission amounts to:
18 (A) gross negligence; or
19 (B) willful or wanton misconduct; or
20 (2) individual has been charged with or suspected of abusing
21 or neglecting the child who is the subject of the investigation
22 or services provided.
23 SECTION 4. IC 31-33-18-2, AS AMENDED BY P.L.77-2023,
24 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2024]: Sec. 2. Except as otherwise prohibited by federal law,
26 the reports and other material described in section 1(a) of this chapter
27 and the unredacted reports and other material described in section 1(b)
28 of this chapter shall be made available only to the following:
29 (1) Persons authorized by this article.
30 (2) A legally mandated public or private child protective agency
31 investigating a report of child abuse or neglect or treating a child
32 or family that is the subject of a report or record.
33 (3) Any of the following who are investigating a report of a child
34 who may be a victim of child abuse or neglect:
35 (A) A police officer or other law enforcement agency.
36 (B) A prosecuting attorney.
37 (C) A coroner, in the case of the death of a child.
38 (4) A physician who has before the physician a child whom the
39 physician reasonably suspects may be a victim of child abuse or
40 neglect.
41 (5) An individual legally authorized to place a child in protective
42 custody if:
EH 1123—LS 6450/DI 148 4
1 (A) the individual has before the individual a child whom the
2 individual reasonably suspects may be a victim of abuse or
3 neglect; and
4 (B) the individual requires the information in the report or
5 record to determine whether to place the child in protective
6 custody.
7 (6) An agency having the legal responsibility or authorization to
8 care for, treat, or supervise a child who is the subject of a report
9 or record or a parent, guardian, custodian, or other person who is
10 responsible for the child's welfare.
11 (7) An individual named in the report or record who is alleged to
12 be abused or neglected or, if the individual named in the report is
13 a child or is otherwise incompetent, the individual's guardian ad
14 litem or the individual's court appointed special advocate, or both.
15 (8) Each parent, guardian, custodian, or other person responsible
16 for the welfare of a child named in a report or record and an
17 attorney of the person described under this subdivision, with
18 protection for the identity of reporters and other appropriate
19 individuals.
20 (9) A court, for redaction of the record in accordance with section
21 1.5 of this chapter, or upon the court's finding that access to the
22 records may be necessary for determination of an issue before the
23 court. However, except for disclosure of a redacted record in
24 accordance with section 1.5 of this chapter, access is limited to in
25 camera inspection unless the court determines that public
26 disclosure of the information contained in the records is necessary
27 for the resolution of an issue then pending before the court.
28 (10) A grand jury upon the grand jury's determination that access
29 to the records is necessary in the conduct of the grand jury's
30 official business.
31 (11) An appropriate state or local official responsible for child
32 protection services or legislation carrying out the official's official
33 functions.
34 (12) The community child protection team appointed under
35 IC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request, to
36 enable the team to carry out the team's purpose under IC 31-33-3.
37 (13) A person about whom a report has been made, with
38 protection for the identity of:
39 (A) any person reporting known or suspected child abuse or
40 neglect; and
41 (B) any other person if the person or agency making the
42 information available finds that disclosure of the information
EH 1123—LS 6450/DI 148 5
1 would be likely to endanger the life or safety of the person.
2 (14) An employee of the department, a caseworker, or a juvenile
3 probation officer conducting a criminal history check under
4 IC 31-26-5, IC 31-34, or IC 31-37 to determine the
5 appropriateness of an out-of-home placement for a:
6 (A) child at imminent risk of placement;
7 (B) child in need of services; or
8 (C) delinquent child.
9 The results of a criminal history check conducted under this
10 subdivision must be disclosed to a court determining the
11 placement of a child described in clauses (A) through (C).
12 (15) A local child fatality review team established under
13 IC 16-49-2.
14 (16) The statewide child fatality review committee established by
15 IC 16-49-4.
16 (17) The department.
17 (18) The division of family resources, if the investigation report:
18 (A) is classified as substantiated; and
19 (B) concerns:
20 (i) an applicant for a license to operate;
21 (ii) a person licensed to operate;
22 (iii) an employee of; or
23 (iv) a volunteer providing services at;
24 a child care center licensed under IC 12-17.2-4 or a child care
25 home licensed under IC 12-17.2-5.
26 (19) A citizen review panel established under IC 31-25-2-20.4.
27 (20) The department of child services ombudsman established by
28 IC 4-13-19-3.
29 (21) The secretary of education with protection for the identity of:
30 (A) any person reporting known or suspected child abuse or
31 neglect; and
32 (B) any other person if the person or agency making the
33 information available finds that disclosure of the information
34 would be likely to endanger the life or safety of the person.
35 (22) The state child fatality review coordinator employed by the
36 Indiana department of health under IC 16-49-5-1.
37 (23) A person who operates a child caring institution, group
38 home, or secure private facility if all the following apply:
39 (A) The child caring institution, group home, or secure private
40 facility is licensed under IC 31-27.
41 (B) The report or other materials concern:
42 (i) an employee of;
EH 1123—LS 6450/DI 148 6
1 (ii) a volunteer providing services at; or
2 (iii) a child placed at;
3 the child caring institution, group home, or secure private
4 facility.
5 (C) The allegation in the report occurred at the child caring
6 institution, group home, or secure private facility.
7 (24) A person who operates a child placing agency if all the
8 following apply:
9 (A) The child placing agency is licensed under IC 31-27.
10 (B) The report or other materials concern:
11 (i) a child placed in a foster home licensed by the child
12 placing agency;
13 (ii) a person licensed by the child placing agency to operate
14 a foster family home;
15 (iii) an employee of the child placing agency or a foster
16 family home licensed by the child placing agency; or
17 (iv) a volunteer providing services at the child placing
18 agency or a foster family home licensed by the child placing
19 agency.
20 (C) The allegations in the report occurred in the foster family
21 home or in the course of employment or volunteering at the
22 child placing agency or foster family home.
23 (25) The National Center for Missing and Exploited Children.
24 (26) A local domestic violence fatality review team established
25 under IC 12-18-8, as determined by the department to be relevant
26 to the death or near fatality that the local domestic violence
27 fatality review team is reviewing.
28 (27) The statewide domestic violence fatality review committee
29 established under IC 12-18-9-3, as determined by the department
30 to be relevant to the death or near fatality that the statewide
31 domestic violence fatality review committee is reviewing.
32 (28) The statewide maternal mortality review committee
33 established under IC 16-50-1-3, as determined by the department
34 to be relevant to the case of maternal morbidity or maternal
35 mortality that the statewide maternal mortality review committee
36 is reviewing.
37 (29) A local fetal-infant mortality review team established under
38 IC 16-49-6, as determined by the department to be relevant to the
39 case of fetal or infant fatality that the local fetal-infant mortality
40 review team is reviewing.
41 (30) A suicide and overdose fatality review team established
42 under IC 16-49.5-2, as determined by the department to be
EH 1123—LS 6450/DI 148 7
1 relevant to the case of a suicide or overdose fatality that the
2 suicide and overdose fatality review team is reviewing.
3 (31) The office of administrative law proceedings for a matter that
4 is the subject of an administrative proceeding before the office of
5 administrative law proceedings.
6 (32) A tribal representative, agency, or organization authorized by
7 the Indian child's tribe to care for, diagnose, treat, review,
8 evaluate, or monitor active efforts regarding an Indian child, and
9 the Indian child's parent, guardian, or custodian.
10 (33) The United States Department of State and foreign
11 governments to comply with federal law and treaties.
12 (34) A child advocacy center when the child advocacy center
13 has before it an investigation of child abuse or neglect in
14 which it is facilitating a forensic interview or facilitating a
15 case discussion or case review.
16 SECTION 5. IC 34-30-2.1-506.2 IS ADDED TO THE INDIANA
17 CODE AS A NEW SECTION TO READ AS FOLLOWS
18 [EFFECTIVE JULY 1, 2024]: Sec. 506.2. IC 31-25-2-14.5
19 (Concerning child advocacy center volunteers, employees, and
20 board of directors members).
EH 1123—LS 6450/DI 148 8
COMMITTEE REPORT
Mr. Speaker: Your Committee on Family, Children and Human
Affairs, to which was referred House Bill 1123, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill do pass.
(Reference is to HB 1123 as introduced.)
DEVON
Committee Vote: Yeas 10, Nays 0
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Family and Children
Services, to which was referred House Bill No. 1123, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 1, line 4, after "focused" insert ",".
Page 2, line 14, delete "Child protective services." and insert "The
department.".
Page 2, line 27, delete "for case review." and insert "signed by each
member of the multidisciplinary team.".
Page 3, line 8, delete "an agent or employee of" and insert "a:
(1) member of a child advocacy center's board of directors; or
(2) volunteer or employee of a child advocacy center;".
Page 3, line 9, delete "a child advocacy center".
Page 3, line 9, beginning with "is" begin a new line blocked left.
Page 3, line 10, delete "agent's or employee's" and insert
"individual's".
Page 3, line 12, delete "The agent or employee" and insert "An
individual".
Page 3, line 12, after "liability" insert "under subsection (e)".
Page 3, line 17, delete "agent or employee" and insert "individual".
Page 3, delete line 35.
Page 7, between lines 9 and 10, begin a new line block indented and
insert:
"(34) A child advocacy center when the child advocacy center
has before it an investigation of child abuse or neglect in
which it is facilitating a forensic interview or facilitating a
case discussion or case review.".
EH 1123—LS 6450/DI 148 9
Page 7, line 13, delete "agents and employees of a child advocacy
center)." and insert "child advocacy center volunteers, employees,
and board of directors members).".
and when so amended that said bill do pass.
(Reference is to HB 1123 as printed January 18, 2024.)
WALKER G, Chairperson
Committee Vote: Yeas 8, Nays 0.
EH 1123—LS 6450/DI 148