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: Jan 29, 2024
BILL NUMBER: HB 1164 BILL AMENDED: Jan 29, 2024
SUBJECT: Reporting of Child Abuse or Neglect.
FIRST AUTHOR: Rep. Cash BILL STATUS: CR Adopted - 1
st
House
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: (Amended) This bill provides that certain individuals at least 18 years of age but
less than 21 years of age are included in the definitions for "child", "child abuse or neglect", and "victim of
child abuse or neglect". It requires the Department of Child Services (DCS) to initiate an onsite assessment
within 24 hours if a report alleges child abuse or neglect involving a residential facility licensed by the
Department.
The bill also provides that staff members of a medical institution, a medical facility, or any other health care
facility have a duty to report child abuse immediately to both the DCS and the local law enforcement agency.
It provides that an individual's duty to report is nondelegable.
This bill requires that if a report alleges that a staff member, youth coach, or volunteer is the abuser, local
law enforcement shall investigate to determine whether the school or athletic facility reasonably should have
known that the alleged abuse was happening. It also allows local law enforcement to consider certain facts
when determining whether the school or athletic facility reasonably should have known about the alleged
abuse.
The bill 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: (Revised) The bill could increase DCS workload to investigate reports
of child abuse and neglect that involve individuals between the age of 18 and 21 who reside, or previously
HB 1164 1 resided, at a residential facility licensed by the Department. Increases in workload are expected to be minimal
and are within the routine administrative function of the agency.
This bill also 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.]
(Revised) Additional Information - The bill expands the definition of CHINS to include an individual who
is between 18 and 20 years of age, resides or previously resided at a residential facility licensed by the state,
and is either harmed or threatened with harm as the result of neglect, battery, or sexual activity. Currently,
a child can no longer be classified a CHINS after they turn 18 years old. The bill would expand the definition
of CHINS to older youth who reside in state-licensed facilities.
The bill specifies that a person that contracts with the DCS as a residential facility shall report allegations
of child abuse or neglect directly to the Department. Current statute should require residential facility
providers to report suspected child abuse and neglect to the DCS [IC 31-33-5-2(b)]. The current penalty for
failing to report suspected child abuse and neglect to the DCS is punishable as a Class B misdemeanor (IC
31-33-22-1). This provision is expected to have no impact on DCS workload or criminal convictions in the
state.
(Revised) Child Abuse and Neglect in Schools & Athletic Facilities - Due to existing compulsory reporting
laws concerning child abuse or neglect, it is expected that suspected instances of child abuse and neglect in
the state would currently be reported to the appropriate authorities and the DCS. In these particular instances,
if the DCS were to receive a primary report of child abuse or neglect occurring in a school or an athletic
facility, it is expected the agency would now notify the local law enforcement agency for the purposes of
conducting an investigation as required by the bill. The bill could increase DCS workload to notify local law
enforcement agencies, but would also decrease DCS workload to perform the investigation.
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.
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
HB 1164 2 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.
(Revised) Child Abuse and Neglect in Schools & Athletic Facilities - The bill could also increase the
workload of local law enforcement agencies to investigate complaints of child abuse and neglect that occur
in a school or athletic facility. Increases in local law enforcement agency workload are indeterminable but
expected to be small.
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 3