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