LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6539 NOTE PREPARED: Dec 19, 2023
BILL NUMBER: HB 1164 BILL AMENDED:
SUBJECT: Reporting of Child Abuse or Neglect.
FIRST AUTHOR: Rep. Cash BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill provides that staff members of a medical institution, a medical facility,
or any other health care facility have a duty to report child abuse within two hours to both the Department
of Child Services (DCS) and the local law enforcement agency. The bill provides that an individual's duty
to report is nondelegable. It requires that if a report alleges that a youth coach is the abuser, the DCS shall
investigate to determine whether the school or athletic facility reasonably should have known that the alleged
abuse was happening. The bill allows the DCS to consider certain facts when determining whether the school
or athletic facility reasonably should have known about the alleged abuse.
The bill also raises the penalty for failure to report to a Class A misdemeanor. (Under current law, it is a
Class B misdemeanor.) It also makes conforming changes.
Effective Date: July 1, 2024.
Explanation of State Expenditures: This bill changes the reporting requirements for suspected instances
of child abuse and neglect. As a result, the DCS could receive more reports of child abuse and neglect, which
would increase DCS workload to perform investigations. If the additional investigations can not be
accommodated with existing staff, the DCS could fill from existing vacancies to address the new cases. [As
of September 2023, the DCS had approximately 830 vacant family case manager positions statewide.]
Explanation of State Revenues: This bill (1) could reduce the number of violations of failure to report
suspected child abuse and neglect, but also (2) enhances the penalty for failing to report suspected child
abuse and neglect. The current penalty for failure to report is a Class B misdemeanor, but it is enhanced to
a Class A misdemeanor in the bill.
HB 1164 1 By enhancing a Class B misdemeanor to an A misdemeanor, revenue to the Common School Fund may
increase. The maximum fine for a Class B misdemeanor is $1,000, while the maximum fine for a Class A
misdemeanor is $5,000. However, any additional revenue from the enhancement is likely to be small and
court fees would remain unchanged. Additionally, by changing whom is to report suspected child abuse and
neglect, the bill could reduce total misdemeanor convictions in the state. The bill’s net effect on revenue
received from criminal penalties is indeterminable.
Additional Information - There were no convictions for failure to report child abuse and neglect during FY
2022.
Explanation of Local Expenditures: The bill could decrease the total number of misdemeanor convictions
for failure to report child abuse and neglect but also enhances the penalty for failure to report from a Class
B misdemeanor to a Class A misdemeanor. The maximum term of imprisonment for a Class B misdemeanor
is up to 180 days, while the maximum term for a Class A misdemeanor is up to one year. The bill’s net effect
on local incarceration costs is indeterminable.
Explanation of Local Revenues: Court fees would remain unchanged.
State Agencies Affected: DCS.
Local Agencies Affected: Trial courts; local law enforcement agencies.
Information Sources: Odyssey database, FY 2022; State Staffing Table Report, September 2023.
Fiscal Analyst: Bill Brumbach, 317-232-9559.
HB 1164 2