Indiana 2024 Regular Session

Indiana House Bill HB1123 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1123.1
	2	+	February 20, 2024
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1123
	5	+	_____
	6	+	DIGEST OF HB 1123 (Updated February 19, 2024 10:13 am - DI 119)
	7	+	Citations Affected: IC 31-9; IC 31-25; IC 31-33; IC 34-30.
	8	+	Synopsis: Child advocacy centers. Provides that the department of
	9	+	child services may use a child advocacy center to coordinate a
	10	+	multidisciplinary team for responding to reports involving child abuse
	11	+	or neglect. Requires the child advocacy center to: (1) coordinate a
	12	+	multidisciplinary team that consists of specified professionals; (2)
	13	+	ensure that the multidisciplinary team members have specified training;
	14	+	(3) provide a dedicated child-focused setting designed to provide a
	15	+	safe, comfortable, and neutral place for a forensic interview and other
	16	+	(Continued next page)
	17	+	Effective: July 1, 2024.
	18	+	DeVon, Olthoff, Goss-Reaves,
	19	+	Jackson
	20	+	(SENATE SPONSOR — MESSMER)
	21	+	January 8, 2024, read first time and referred to Committee on Family, Children and Human
	22	+	Affairs.
	23	+	January 18, 2024, reported — Do Pass.
	24	+	January 22, 2024, read second time, ordered engrossed. Engrossed.
	25	+	January 23, 2024, read third time, passed. Yeas 96, nays 0.
	26	+	SENATE ACTION
	27	+	February 5, 2024, read first time and referred to Committee on Family and Children
	28	+	Services.
	29	+	February 19, 2024, amended, reported favorably — Do Pass.
	30	+	EH 1123—LS 6450/DI 148 Digest Continued
	31	+	child advocacy center services; (4) use written protocols; (5) use a case
	32	+	tracking system to provide information on essential demographic and
	33	+	case information; and (6) verify that multidisciplinary team members
	34	+	responsible for providing medical evaluations and mental health
	35	+	services have specified training. Provides civil immunity for a child
	36	+	advocacy center's employees, volunteers, and board members under
	37	+	certain circumstances. Allows otherwise confidential information
	38	+	regarding an investigation of child abuse or neglect to be made
	39	+	available to a child advocacy center when the child advocacy center has
	40	+	before it an investigation of child abuse or neglect in which it is
	41	+	facilitating a forensic interview or facilitating a case discussion or case
	42	+	review.
	43	+	EH 1123—LS 6450/DI 148EH 1123—LS 6450/DI 148 February 20, 2024
1	44		Second Regular Session of the 123rd General Assembly (2024)
2	45		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	46		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	47		additions will appear in this style type, and deletions will appear in this style type.
5	48		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	49		provision adopted), the text of the new provision will appear in this style type. Also, the
7	50		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	51		a new provision to the Indiana Code or the Indiana Constitution.
9	52		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	53		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1123
12		-	AN ACT to amend the Indiana Code concerning family law and
13		-	juvenile law.
	54	+	ENGROSSED
	55	+	HOUSE BILL No. 1123
	56	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	57	+	family law and juvenile law.
14	58		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 31-9-2-14.2 IS ADDED TO THE INDIANA CODE
16		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
17		-	1, 2024]: Sec. 14.2. "Child advocacy center", for purposes of
18		-	IC 31-25-2-14.5 and IC 31-33-18-2, means a child focused, trauma
19		-	informed community based organization that:
20		-	(1) is:
21		-	(A) recognized by the Indiana Chapter of National
22		-	Children's Alliance; and
23		-	(B) designed to collaborate on reports of child abuse or
24		-	neglect;
25		-	(2) coordinates a multidisciplinary team; and
26		-	(3) facilitates forensic interviews.
27		-	SECTION 2. IC 31-9-2-47.1 IS ADDED TO THE INDIANA CODE
28		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
29		-	1, 2024]: Sec. 47.1. "Forensic interview", for purposes of section
30		-	14.2 of this chapter and IC 31-25-2-14.5, means an interview in
31		-	response to a report of child abuse or neglect conducted by a
32		-	professional specially trained in a nationally recognized model
33		-	using a multidisciplinary team approach.
34		-	SECTION 3. IC 31-25-2-14.5 IS ADDED TO THE INDIANA
35		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
36		-	HEA 1123 — Concur 2
37		-	[EFFECTIVE JULY 1, 2024]: Sec. 14.5. (a) The department may use
38		-	a child advocacy center to coordinate a multidisciplinary team for
39		-	responding to, and through the conclusion of, reports involving
40		-	child abuse or neglect.
41		-	(b) A child advocacy center shall do the following:
42		-	(1) Coordinate a multidisciplinary team that consists of a
43		-	representative from or described by each of the following:
44		-	(A) The child advocacy center.
45		-	(B) Law enforcement.
46		-	(C) The department.
47		-	(D) The prosecuting attorney's office.
48		-	(E) A medical provider.
49		-	(F) A mental health provider.
50		-	(G) A victim advocate.
51		-	Multidisciplinary team members may fill more than one (1)
52		-	role, within the scope of the team member's practice, as
53		-	needed.
54		-	(2) Offer cultural competency and diversity training to the
55		-	multidisciplinary team members.
56		-	(3) Provide a dedicated child-focused setting designed to
57		-	provide a safe, comfortable, and neutral place for a forensic
58		-	interview and other child advocacy center services.
59		-	(4) Use written protocols signed by each member of the
60		-	multidisciplinary team.
61		-	(5) Use a case tracking system to provide information on
62		-	essential demographic and case information.
63		-	(6) Verify that multidisciplinary team members who are
64		-	responsible for providing:
65		-	(A) medical evaluations have specific training in child
66		-	abuse or child sexual abuse examinations; and
67		-	(B) mental health services are trained in and deliver
68		-	trauma-focused, evidence-supported mental health
69		-	treatments.
70		-	(c) Except as provided in subsection (d), the files, reports,
71		-	records, communications, and working papers used or developed
72		-	in providing services through a child advocacy center are
73		-	confidential and are not public records.
74		-	(d) A multidisciplinary team member may share with other
75		-	multidisciplinary team members any information or records
76		-	concerning the child, the child's family, or the person who is the
77		-	subject of the investigation of suspected child abuse or neglect for
78		-	the purpose of:
79		-	HEA 1123 — Concur 3
80		-	(1) facilitating a forensic interview;
81		-	(2) facilitating a case discussion or case review; or
82		-	(3) providing services to the child or the child's caregivers.
83		-	The information shared under this subsection remains confidential.
84		-	(e) Except as provided in subsection (f), a:
	59	+	1 SECTION 1. IC 31-9-2-14.2 IS ADDED TO THE INDIANA CODE
	60	+	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	61	+	3 1, 2024]: Sec. 14.2. "Child advocacy center", for purposes of
	62	+	4 IC 31-25-2-14.5 and IC 31-33-18-2, means a child focused, trauma
	63	+	5 informed community based organization that:
	64	+	6 (1) is:
	65	+	7 (A) recognized by the Indiana Chapter of National
	66	+	8 Children's Alliance; and
	67	+	9 (B) designed to collaborate on reports of child abuse or
	68	+	10 neglect;
	69	+	11 (2) coordinates a multidisciplinary team; and
	70	+	12 (3) facilitates forensic interviews.
	71	+	13 SECTION 2. IC 31-9-2-47.1 IS ADDED TO THE INDIANA CODE
	72	+	14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	73	+	15 1, 2024]: Sec. 47.1. "Forensic interview", for purposes of section
	74	+	16 14.2 of this chapter and IC 31-25-2-14.5, means an interview in
	75	+	17 response to a report of child abuse or neglect conducted by a
	76	+	EH 1123—LS 6450/DI 148 2
	77	+	1 professional specially trained in a nationally recognized model
	78	+	2 using a multidisciplinary team approach.
	79	+	3 SECTION 3. IC 31-25-2-14.5 IS ADDED TO THE INDIANA
	80	+	4 CODE AS A NEW SECTION TO READ AS FOLLOWS
	81	+	5 [EFFECTIVE JULY 1, 2024]: Sec. 14.5. (a) The department may use
	82	+	6 a child advocacy center to coordinate a multidisciplinary team for
	83	+	7 responding to, and through the conclusion of, reports involving
	84	+	8 child abuse or neglect.
	85	+	9 (b) A child advocacy center shall do the following:
	86	+	10 (1) Coordinate a multidisciplinary team that consists of a
	87	+	11 representative from or described by each of the following:
	88	+	12 (A) The child advocacy center.
	89	+	13 (B) Law enforcement.
	90	+	14 (C) The department.
	91	+	15 (D) The prosecuting attorney's office.
	92	+	16 (E) A medical provider.
	93	+	17 (F) A mental health provider.
	94	+	18 (G) A victim advocate.
	95	+	19 Multidisciplinary team members may fill more than one (1)
	96	+	20 role, within the scope of the team member's practice, as
	97	+	21 needed.
	98	+	22 (2) Offer cultural competency and diversity training to the
	99	+	23 multidisciplinary team members.
	100	+	24 (3) Provide a dedicated child-focused setting designed to
	101	+	25 provide a safe, comfortable, and neutral place for a forensic
	102	+	26 interview and other child advocacy center services.
	103	+	27 (4) Use written protocols signed by each member of the
	104	+	28 multidisciplinary team.
	105	+	29 (5) Use a case tracking system to provide information on
	106	+	30 essential demographic and case information.
	107	+	31 (6) Verify that multidisciplinary team members who are
	108	+	32 responsible for providing:
	109	+	33 (A) medical evaluations have specific training in child
	110	+	34 abuse or child sexual abuse examinations; and
	111	+	35 (B) mental health services are trained in and deliver
	112	+	36 trauma-focused, evidence-supported mental health
	113	+	37 treatments.
	114	+	38 (c) Except as provided in subsection (d), the files, reports,
	115	+	39 records, communications, and working papers used or developed
	116	+	40 in providing services through a child advocacy center are
	117	+	41 confidential and are not public records.
	118	+	42 (d) A multidisciplinary team member may share with other
	119	+	EH 1123—LS 6450/DI 148 3
	120	+	1 multidisciplinary team members any information or records
	121	+	2 concerning the child, the child's family, or the person who is the
	122	+	3 subject of the investigation of suspected child abuse or neglect for
	123	+	4 the purpose of:
	124	+	5 (1) facilitating a forensic interview;
	125	+	6 (2) facilitating a case discussion or case review; or
	126	+	7 (3) providing services to the child or the child's caregivers.
	127	+	8 The information shared under this subsection remains confidential.
	128	+	9 (e) Except as provided in subsection (f), a:
	129	+	10 (1) member of a child advocacy center's board of directors; or
	130	+	11 (2) volunteer or employee of a child advocacy center;
	131	+	12 is immune from civil liability for acts or omissions related to the
	132	+	13 individual's participation in the multidisciplinary team response
	133	+	14 described in subsection (a).
	134	+	15 (f) An individual is not immune from civil liability under
	135	+	16 subsection (e) if the:
	136	+	17 (1) act or omission amounts to:
	137	+	18 (A) gross negligence; or
	138	+	19 (B) willful or wanton misconduct; or
	139	+	20 (2) individual has been charged with or suspected of abusing
	140	+	21 or neglecting the child who is the subject of the investigation
	141	+	22 or services provided.
	142	+	23 SECTION 4. IC 31-33-18-2, AS AMENDED BY P.L.77-2023,
	143	+	24 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	144	+	25 JULY 1, 2024]: Sec. 2. Except as otherwise prohibited by federal law,
	145	+	26 the reports and other material described in section 1(a) of this chapter
	146	+	27 and the unredacted reports and other material described in section 1(b)
	147	+	28 of this chapter shall be made available only to the following:
	148	+	29 (1) Persons authorized by this article.
	149	+	30 (2) A legally mandated public or private child protective agency
	150	+	31 investigating a report of child abuse or neglect or treating a child
	151	+	32 or family that is the subject of a report or record.
	152	+	33 (3) Any of the following who are investigating a report of a child
	153	+	34 who may be a victim of child abuse or neglect:
	154	+	35 (A) A police officer or other law enforcement agency.
	155	+	36 (B) A prosecuting attorney.
	156	+	37 (C) A coroner, in the case of the death of a child.
	157	+	38 (4) A physician who has before the physician a child whom the
	158	+	39 physician reasonably suspects may be a victim of child abuse or
	159	+	40 neglect.
	160	+	41 (5) An individual legally authorized to place a child in protective
	161	+	42 custody if:
	162	+	EH 1123—LS 6450/DI 148 4
	163	+	1 (A) the individual has before the individual a child whom the
	164	+	2 individual reasonably suspects may be a victim of abuse or
	165	+	3 neglect; and
	166	+	4 (B) the individual requires the information in the report or
	167	+	5 record to determine whether to place the child in protective
	168	+	6 custody.
	169	+	7 (6) An agency having the legal responsibility or authorization to
	170	+	8 care for, treat, or supervise a child who is the subject of a report
	171	+	9 or record or a parent, guardian, custodian, or other person who is
	172	+	10 responsible for the child's welfare.
	173	+	11 (7) An individual named in the report or record who is alleged to
	174	+	12 be abused or neglected or, if the individual named in the report is
	175	+	13 a child or is otherwise incompetent, the individual's guardian ad
	176	+	14 litem or the individual's court appointed special advocate, or both.
	177	+	15 (8) Each parent, guardian, custodian, or other person responsible
	178	+	16 for the welfare of a child named in a report or record and an
	179	+	17 attorney of the person described under this subdivision, with
	180	+	18 protection for the identity of reporters and other appropriate
	181	+	19 individuals.
	182	+	20 (9) A court, for redaction of the record in accordance with section
	183	+	21 1.5 of this chapter, or upon the court's finding that access to the
	184	+	22 records may be necessary for determination of an issue before the
	185	+	23 court. However, except for disclosure of a redacted record in
	186	+	24 accordance with section 1.5 of this chapter, access is limited to in
	187	+	25 camera inspection unless the court determines that public
	188	+	26 disclosure of the information contained in the records is necessary
	189	+	27 for the resolution of an issue then pending before the court.
	190	+	28 (10) A grand jury upon the grand jury's determination that access
	191	+	29 to the records is necessary in the conduct of the grand jury's
	192	+	30 official business.
	193	+	31 (11) An appropriate state or local official responsible for child
	194	+	32 protection services or legislation carrying out the official's official
	195	+	33 functions.
	196	+	34 (12) The community child protection team appointed under
	197	+	35 IC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request, to
	198	+	36 enable the team to carry out the team's purpose under IC 31-33-3.
	199	+	37 (13) A person about whom a report has been made, with
	200	+	38 protection for the identity of:
	201	+	39 (A) any person reporting known or suspected child abuse or
	202	+	40 neglect; and
	203	+	41 (B) any other person if the person or agency making the
	204	+	42 information available finds that disclosure of the information
	205	+	EH 1123—LS 6450/DI 148 5
	206	+	1 would be likely to endanger the life or safety of the person.
	207	+	2 (14) An employee of the department, a caseworker, or a juvenile
	208	+	3 probation officer conducting a criminal history check under
	209	+	4 IC 31-26-5, IC 31-34, or IC 31-37 to determine the
	210	+	5 appropriateness of an out-of-home placement for a:
	211	+	6 (A) child at imminent risk of placement;
	212	+	7 (B) child in need of services; or
	213	+	8 (C) delinquent child.
	214	+	9 The results of a criminal history check conducted under this
	215	+	10 subdivision must be disclosed to a court determining the
	216	+	11 placement of a child described in clauses (A) through (C).
	217	+	12 (15) A local child fatality review team established under
	218	+	13 IC 16-49-2.
	219	+	14 (16) The statewide child fatality review committee established by
	220	+	15 IC 16-49-4.
	221	+	16 (17) The department.
	222	+	17 (18) The division of family resources, if the investigation report:
	223	+	18 (A) is classified as substantiated; and
	224	+	19 (B) concerns:
	225	+	20 (i) an applicant for a license to operate;
	226	+	21 (ii) a person licensed to operate;
	227	+	22 (iii) an employee of; or
	228	+	23 (iv) a volunteer providing services at;
	229	+	24 a child care center licensed under IC 12-17.2-4 or a child care
	230	+	25 home licensed under IC 12-17.2-5.
	231	+	26 (19) A citizen review panel established under IC 31-25-2-20.4.
	232	+	27 (20) The department of child services ombudsman established by
	233	+	28 IC 4-13-19-3.
	234	+	29 (21) The secretary of education with protection for the identity of:
	235	+	30 (A) any person reporting known or suspected child abuse or
	236	+	31 neglect; and
	237	+	32 (B) any other person if the person or agency making the
	238	+	33 information available finds that disclosure of the information
	239	+	34 would be likely to endanger the life or safety of the person.
	240	+	35 (22) The state child fatality review coordinator employed by the
	241	+	36 Indiana department of health under IC 16-49-5-1.
	242	+	37 (23) A person who operates a child caring institution, group
	243	+	38 home, or secure private facility if all the following apply:
	244	+	39 (A) The child caring institution, group home, or secure private
	245	+	40 facility is licensed under IC 31-27.
	246	+	41 (B) The report or other materials concern:
	247	+	42 (i) an employee of;
	248	+	EH 1123—LS 6450/DI 148 6
	249	+	1 (ii) a volunteer providing services at; or
	250	+	2 (iii) a child placed at;
	251	+	3 the child caring institution, group home, or secure private
	252	+	4 facility.
	253	+	5 (C) The allegation in the report occurred at the child caring
	254	+	6 institution, group home, or secure private facility.
	255	+	7 (24) A person who operates a child placing agency if all the
	256	+	8 following apply:
	257	+	9 (A) The child placing agency is licensed under IC 31-27.
	258	+	10 (B) The report or other materials concern:
	259	+	11 (i) a child placed in a foster home licensed by the child
	260	+	12 placing agency;
	261	+	13 (ii) a person licensed by the child placing agency to operate
	262	+	14 a foster family home;
	263	+	15 (iii) an employee of the child placing agency or a foster
	264	+	16 family home licensed by the child placing agency; or
	265	+	17 (iv) a volunteer providing services at the child placing
	266	+	18 agency or a foster family home licensed by the child placing
	267	+	19 agency.
	268	+	20 (C) The allegations in the report occurred in the foster family
	269	+	21 home or in the course of employment or volunteering at the
	270	+	22 child placing agency or foster family home.
	271	+	23 (25) The National Center for Missing and Exploited Children.
	272	+	24 (26) A local domestic violence fatality review team established
	273	+	25 under IC 12-18-8, as determined by the department to be relevant
	274	+	26 to the death or near fatality that the local domestic violence
	275	+	27 fatality review team is reviewing.
	276	+	28 (27) The statewide domestic violence fatality review committee
	277	+	29 established under IC 12-18-9-3, as determined by the department
	278	+	30 to be relevant to the death or near fatality that the statewide
	279	+	31 domestic violence fatality review committee is reviewing.
	280	+	32 (28) The statewide maternal mortality review committee
	281	+	33 established under IC 16-50-1-3, as determined by the department
	282	+	34 to be relevant to the case of maternal morbidity or maternal
	283	+	35 mortality that the statewide maternal mortality review committee
	284	+	36 is reviewing.
	285	+	37 (29) A local fetal-infant mortality review team established under
	286	+	38 IC 16-49-6, as determined by the department to be relevant to the
	287	+	39 case of fetal or infant fatality that the local fetal-infant mortality
	288	+	40 review team is reviewing.
	289	+	41 (30) A suicide and overdose fatality review team established
	290	+	42 under IC 16-49.5-2, as determined by the department to be
	291	+	EH 1123—LS 6450/DI 148 7
	292	+	1 relevant to the case of a suicide or overdose fatality that the
	293	+	2 suicide and overdose fatality review team is reviewing.
	294	+	3 (31) The office of administrative law proceedings for a matter that
	295	+	4 is the subject of an administrative proceeding before the office of
	296	+	5 administrative law proceedings.
	297	+	6 (32) A tribal representative, agency, or organization authorized by
	298	+	7 the Indian child's tribe to care for, diagnose, treat, review,
	299	+	8 evaluate, or monitor active efforts regarding an Indian child, and
	300	+	9 the Indian child's parent, guardian, or custodian.
	301	+	10 (33) The United States Department of State and foreign
	302	+	11 governments to comply with federal law and treaties.
	303	+	12 (34) A child advocacy center when the child advocacy center
	304	+	13 has before it an investigation of child abuse or neglect in
	305	+	14 which it is facilitating a forensic interview or facilitating a
	306	+	15 case discussion or case review.
	307	+	16 SECTION 5. IC 34-30-2.1-506.2 IS ADDED TO THE INDIANA
	308	+	17 CODE AS A NEW SECTION TO READ AS FOLLOWS
	309	+	18 [EFFECTIVE JULY 1, 2024]: Sec. 506.2. IC 31-25-2-14.5
	310	+	19 (Concerning child advocacy center volunteers, employees, and
	311	+	20 board of directors members).
	312	+	EH 1123—LS 6450/DI 148 8
	313	+	COMMITTEE REPORT
	314	+	Mr. Speaker: Your Committee on Family, Children and Human
	315	+	Affairs, to which was referred House Bill 1123, has had the same under
	316	+	consideration and begs leave to report the same back to the House with
	317	+	the recommendation that said bill do pass.
	318	+	(Reference is to HB 1123 as introduced.)
	319	+	DEVON
	320	+	Committee Vote: Yeas 10, Nays 0
	321	+	_____
	322	+	COMMITTEE REPORT
	323	+	Madam President: The Senate Committee on Family and Children
	324	+	Services, to which was referred House Bill No. 1123, has had the same
	325	+	under consideration and begs leave to report the same back to the
	326	+	Senate with the recommendation that said bill be AMENDED as
	327	+	follows:
	328	+	Page 1, line 4, after "focused" insert ",".
	329	+	Page 2, line 14, delete "Child protective services." and insert "The
	330	+	department.".
	331	+	Page 2, line 27, delete "for case review." and insert "signed by each
	332	+	member of the multidisciplinary team.".
	333	+	Page 3, line 8, delete "an agent or employee of" and insert "a:
85	334		(1) member of a child advocacy center's board of directors; or
86		-	(2) volunteer or employee of a child advocacy center;
87		-	is immune from civil liability for acts or omissions related to the
88		-	individual's participation in the multidisciplinary team response
89		-	described in subsection (a).
90		-	(f) An individual is not immune from civil liability under
91		-	subsection (e) if the:
92		-	(1) act or omission amounts to:
93		-	(A) gross negligence; or
94		-	(B) willful or wanton misconduct; or
95		-	(2) individual has been charged with or suspected of abusing
96		-	or neglecting the child who is the subject of the investigation
97		-	or services provided.
98		-	SECTION 4. IC 31-33-18-2, AS AMENDED BY P.L.77-2023,
99		-	SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
100		-	JULY 1, 2024]: Sec. 2. Except as otherwise prohibited by federal law,
101		-	the reports and other material described in section 1(a) of this chapter
102		-	and the unredacted reports and other material described in section 1(b)
103		-	of this chapter shall be made available only to the following:
104		-	(1) Persons authorized by this article.
105		-	(2) A legally mandated public or private child protective agency
106		-	investigating a report of child abuse or neglect or treating a child
107		-	or family that is the subject of a report or record.
108		-	(3) Any of the following who are investigating a report of a child
109		-	who may be a victim of child abuse or neglect:
110		-	(A) A police officer or other law enforcement agency.
111		-	(B) A prosecuting attorney.
112		-	(C) A coroner, in the case of the death of a child.
113		-	(4) A physician who has before the physician a child whom the
114		-	physician reasonably suspects may be a victim of child abuse or
115		-	neglect.
116		-	(5) An individual legally authorized to place a child in protective
117		-	custody if:
118		-	(A) the individual has before the individual a child whom the
119		-	individual reasonably suspects may be a victim of abuse or
120		-	neglect; and
121		-	(B) the individual requires the information in the report or
122		-	HEA 1123 — Concur 4
123		-	record to determine whether to place the child in protective
124		-	custody.
125		-	(6) An agency having the legal responsibility or authorization to
126		-	care for, treat, or supervise a child who is the subject of a report
127		-	or record or a parent, guardian, custodian, or other person who is
128		-	responsible for the child's welfare.
129		-	(7) An individual named in the report or record who is alleged to
130		-	be abused or neglected or, if the individual named in the report is
131		-	a child or is otherwise incompetent, the individual's guardian ad
132		-	litem or the individual's court appointed special advocate, or both.
133		-	(8) Each parent, guardian, custodian, or other person responsible
134		-	for the welfare of a child named in a report or record and an
135		-	attorney of the person described under this subdivision, with
136		-	protection for the identity of reporters and other appropriate
137		-	individuals.
138		-	(9) A court, for redaction of the record in accordance with section
139		-	1.5 of this chapter, or upon the court's finding that access to the
140		-	records may be necessary for determination of an issue before the
141		-	court. However, except for disclosure of a redacted record in
142		-	accordance with section 1.5 of this chapter, access is limited to in
143		-	camera inspection unless the court determines that public
144		-	disclosure of the information contained in the records is necessary
145		-	for the resolution of an issue then pending before the court.
146		-	(10) A grand jury upon the grand jury's determination that access
147		-	to the records is necessary in the conduct of the grand jury's
148		-	official business.
149		-	(11) An appropriate state or local official responsible for child
150		-	protection services or legislation carrying out the official's official
151		-	functions.
152		-	(12) The community child protection team appointed under
153		-	IC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request, to
154		-	enable the team to carry out the team's purpose under IC 31-33-3.
155		-	(13) A person about whom a report has been made, with
156		-	protection for the identity of:
157		-	(A) any person reporting known or suspected child abuse or
158		-	neglect; and
159		-	(B) any other person if the person or agency making the
160		-	information available finds that disclosure of the information
161		-	would be likely to endanger the life or safety of the person.
162		-	(14) An employee of the department, a caseworker, or a juvenile
163		-	probation officer conducting a criminal history check under
164		-	IC 31-26-5, IC 31-34, or IC 31-37 to determine the
165		-	HEA 1123 — Concur 5
166		-	appropriateness of an out-of-home placement for a:
167		-	(A) child at imminent risk of placement;
168		-	(B) child in need of services; or
169		-	(C) delinquent child.
170		-	The results of a criminal history check conducted under this
171		-	subdivision must be disclosed to a court determining the
172		-	placement of a child described in clauses (A) through (C).
173		-	(15) A local child fatality review team established under
174		-	IC 16-49-2.
175		-	(16) The statewide child fatality review committee established by
176		-	IC 16-49-4.
177		-	(17) The department.
178		-	(18) The division of family resources, if the investigation report:
179		-	(A) is classified as substantiated; and
180		-	(B) concerns:
181		-	(i) an applicant for a license to operate;
182		-	(ii) a person licensed to operate;
183		-	(iii) an employee of; or
184		-	(iv) a volunteer providing services at;
185		-	a child care center licensed under IC 12-17.2-4 or a child care
186		-	home licensed under IC 12-17.2-5.
187		-	(19) A citizen review panel established under IC 31-25-2-20.4.
188		-	(20) The department of child services ombudsman established by
189		-	IC 4-13-19-3.
190		-	(21) The secretary of education with protection for the identity of:
191		-	(A) any person reporting known or suspected child abuse or
192		-	neglect; and
193		-	(B) any other person if the person or agency making the
194		-	information available finds that disclosure of the information
195		-	would be likely to endanger the life or safety of the person.
196		-	(22) The state child fatality review coordinator employed by the
197		-	Indiana department of health under IC 16-49-5-1.
198		-	(23) A person who operates a child caring institution, group
199		-	home, or secure private facility if all the following apply:
200		-	(A) The child caring institution, group home, or secure private
201		-	facility is licensed under IC 31-27.
202		-	(B) The report or other materials concern:
203		-	(i) an employee of;
204		-	(ii) a volunteer providing services at; or
205		-	(iii) a child placed at;
206		-	the child caring institution, group home, or secure private
207		-	facility.
208		-	HEA 1123 — Concur 6
209		-	(C) The allegation in the report occurred at the child caring
210		-	institution, group home, or secure private facility.
211		-	(24) A person who operates a child placing agency if all the
212		-	following apply:
213		-	(A) The child placing agency is licensed under IC 31-27.
214		-	(B) The report or other materials concern:
215		-	(i) a child placed in a foster home licensed by the child
216		-	placing agency;
217		-	(ii) a person licensed by the child placing agency to operate
218		-	a foster family home;
219		-	(iii) an employee of the child placing agency or a foster
220		-	family home licensed by the child placing agency; or
221		-	(iv) a volunteer providing services at the child placing
222		-	agency or a foster family home licensed by the child placing
223		-	agency.
224		-	(C) The allegations in the report occurred in the foster family
225		-	home or in the course of employment or volunteering at the
226		-	child placing agency or foster family home.
227		-	(25) The National Center for Missing and Exploited Children.
228		-	(26) A local domestic violence fatality review team established
229		-	under IC 12-18-8, as determined by the department to be relevant
230		-	to the death or near fatality that the local domestic violence
231		-	fatality review team is reviewing.
232		-	(27) The statewide domestic violence fatality review committee
233		-	established under IC 12-18-9-3, as determined by the department
234		-	to be relevant to the death or near fatality that the statewide
235		-	domestic violence fatality review committee is reviewing.
236		-	(28) The statewide maternal mortality review committee
237		-	established under IC 16-50-1-3, as determined by the department
238		-	to be relevant to the case of maternal morbidity or maternal
239		-	mortality that the statewide maternal mortality review committee
240		-	is reviewing.
241		-	(29) A local fetal-infant mortality review team established under
242		-	IC 16-49-6, as determined by the department to be relevant to the
243		-	case of fetal or infant fatality that the local fetal-infant mortality
244		-	review team is reviewing.
245		-	(30) A suicide and overdose fatality review team established
246		-	under IC 16-49.5-2, as determined by the department to be
247		-	relevant to the case of a suicide or overdose fatality that the
248		-	suicide and overdose fatality review team is reviewing.
249		-	(31) The office of administrative law proceedings for a matter that
250		-	is the subject of an administrative proceeding before the office of
251		-	HEA 1123 — Concur 7
252		-	administrative law proceedings.
253		-	(32) A tribal representative, agency, or organization authorized by
254		-	the Indian child's tribe to care for, diagnose, treat, review,
255		-	evaluate, or monitor active efforts regarding an Indian child, and
256		-	the Indian child's parent, guardian, or custodian.
257		-	(33) The United States Department of State and foreign
258		-	governments to comply with federal law and treaties.
259		-	(34) A child advocacy center when the child advocacy center
	335	+	(2) volunteer or employee of a child advocacy center;".
	336	+	Page 3, line 9, delete "a child advocacy center".
	337	+	Page 3, line 9, beginning with "is" begin a new line blocked left.
	338	+	Page 3, line 10, delete "agent's or employee's" and insert
	339	+	"individual's".
	340	+	Page 3, line 12, delete "The agent or employee" and insert "An
	341	+	individual".
	342	+	Page 3, line 12, after "liability" insert "under subsection (e)".
	343	+	Page 3, line 17, delete "agent or employee" and insert "individual".
	344	+	Page 3, delete line 35.
	345	+	Page 7, between lines 9 and 10, begin a new line block indented and
	346	+	insert:
	347	+	"(34) A child advocacy center when the child advocacy center
260	348		has before it an investigation of child abuse or neglect in
261	349		which it is facilitating a forensic interview or facilitating a
262		-	case discussion or case review.
263		-	SECTION 5. IC 34-30-2.1-506.2 IS ADDED TO THE INDIANA
264		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
265		-	[EFFECTIVE JULY 1, 2024]: Sec. 506.2. IC 31-25-2-14.5
266		-	(Concerning child advocacy center volunteers, employees, and
267		-	board of directors members).
268		-	HEA 1123 — Concur Speaker of the House of Representatives
269		-	President of the Senate
270		-	President Pro Tempore
271		-	Governor of the State of Indiana
272		-	Date: Time:
273		-	HEA 1123 — Concur
	350	+	case discussion or case review.".
	351	+	EH 1123—LS 6450/DI 148 9
	352	+	Page 7, line 13, delete "agents and employees of a child advocacy
	353	+	center)." and insert "child advocacy center volunteers, employees,
	354	+	and board of directors members).".
	355	+	and when so amended that said bill do pass.
	356	+	(Reference is to HB 1123 as printed January 18, 2024.)
	357	+	WALKER G, Chairperson
	358	+	Committee Vote: Yeas 8, Nays 0.
	359	+	EH 1123—LS 6450/DI 148