Indiana 2024 Regular Session

Indiana House Bill HB1164 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB1164.1~~
2		-	~~January 29, 2024~~
	1	+
	2	+	Introduced Version
3	3		HOUSE BILL No. 1164
4	4		_____
5		-	DIGEST OF HB 1164 (Updated January 25, 2024 11:33 am - DI 148)
6		-	Citations Affected: IC 4-13; IC 12-17.2; IC 16-34; IC 25-1; IC 31-9;
7		-	IC 31-33.
8		-	Synopsis: Reporting of child abuse or neglect. Provides that certain
9		-	individuals at least 18 years of age but less than 21 years of age are
10		-	included in the definitions for "child", "child abuse or neglect", and
11		-	"victim of child abuse or neglect". Requires the department of child
12		-	services to initiate an onsite assessment within 24 hours if a report
13		-	alleges child abuse or neglect involving a residential facility licensed
14		-	by the department. Provides that staff members of a medical institution,
15		-	a medical facility, or any other health care facility have a duty to report
16		-	child abuse immediately to both the department of child services and
17		-	the local law enforcement agency. Provides that an individual's duty to
18		-	report is nondelegable. Requires that if a report alleges that a staff
19		-	member, youth coach, or volunteer is the abuser, local law enforcement
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 4-13-19-5; IC 12-17.2-3.5-8.5; IC 16-34-2-1.1;
	7	+	IC 25-1-9-4; IC 31-33.
	8	+	Synopsis: Reporting of child abuse or neglect. Provides that staff
	9	+	members of a medical institution, a medical facility, or any other health
	10	+	care facility have a duty to report child abuse within two hours to both
	11	+	the department of child services and the local law enforcement agency.
	12	+	Provides that an individual's duty to report is nondelegable. Requires
	13	+	that if a report alleges that a youth coach is the abuser, the department
20	14		shall investigate to determine whether the school or athletic facility
21	15		reasonably should have known that the alleged abuse was happening.
22		-	Allows ~~local law enforcement~~ to consider certain facts when
23		-	~~determining~~ whether the school or athletic facility reasonably should
24		-	~~have known~~ about the alleged abuse. Raises the penalty for failure to
25		-	~~report to a~~ Class A misdemeanor. (Under current law, it is a Class B
	16	+	Allows the department to consider certain facts when determining
	17	+	whether the school or athletic facility reasonably should have known
	18	+	about the alleged abuse. Raises the penalty for failure to report to a
	19	+	Class A misdemeanor. (Under current law, it is a Class B
26	20		misdemeanor.) Makes conforming changes.
27	21		Effective: July 1, 2024.
28		-	Cash, Schaibley~~, Bartlett, Sweet~~
	22	+	Cash, Schaibley
29	23		January 8, 2024, read first time and referred to Committee on Family, Children and Human
30	24		Affairs.
31		-	January 29, 2024, amended, reported — Do Pass. Referred to Committee on Courts and
32		-	Criminal Code pursuant to Rule 127.
33		-	HB 1164—LS 6539/DI 148 January 29, 2024
	25	+	2024 IN 1164—LS 6539/DI 148 Introduced
34	26		Second Regular Session of the 123rd General Assembly (2024)
35	27		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
36	28		Constitution) is being amended, the text of the existing provision will appear in this style type,
37	29		additions will appear in this style type, and deletions will appear in this style type.
38	30		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
39	31		provision adopted), the text of the new provision will appear in this style type. Also, the
40	32		word NEW will appear in that style type in the introductory clause of each SECTION that adds
41	33		a new provision to the Indiana Code or the Indiana Constitution.
42	34		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
43	35		between statutes enacted by the 2023 Regular Session of the General Assembly.
44	36		HOUSE BILL No. 1164
45	37		A BILL FOR AN ACT to amend the Indiana Code concerning
46	38		family law and juvenile law.
47	39		Be it enacted by the General Assembly of the State of Indiana:
48	40		1 SECTION 1. IC 4-13-19-5, AS AMENDED BY P.L.128-2012,
49	41		2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
50	42		3 JULY 1, 2024]: Sec. 5. (a) The office of the department of child
51	43		4 services ombudsman may receive, investigate, and attempt to resolve
52	44		5 a complaint alleging that the department of child services, by an action
53	45		6 or omission occurring on or after January 11, 2005, failed to protect the
54	46		7 physical or mental health or safety of any child or failed to follow
55	47		8 specific laws, rules, or written policies.
56	48		9 (b) The office of the department of child services ombudsman may
57	49		10 also do the following:
58	50		11 (1) Take action, including the establishing of a program of public
59	51		12 education, to secure and ensure the legal rights of children.
60	52		13 (2) Periodically review relevant policies and procedures with a
61	53		14 view toward the safety and welfare of children.
62	54		15 (3) When appropriate, refer a person making a report of child
63	55		16 abuse or neglect to the department of child services and if
64	56		17 appropriate, to an appropriate local law enforcement agency in
65		-	HB 1164—LS 6539/DI 148 2
	57	+	2024 IN 1164—LS 6539/DI 148 2
66	58		1 Indiana.
67	59		2 (4) Recommend changes in procedures for investigating reports
68	60		3 of abuse and neglect and overseeing the welfare of children who
69	61		4 are under the jurisdiction of a juvenile court.
70	62		5 (5) Make the public aware of the services of the ombudsman, the
71	63		6 purpose of the office, and information concerning contacting the
72	64		7 office.
73	65		8 (6) Examine policies and procedures and evaluate the
74	66		9 effectiveness of the child protection system, specifically the
75	67		10 respective roles of the department of child services, the court, the
76	68		11 medical community, service providers, guardians ad litem, court
77	69		12 appointed special advocates, and law enforcement agencies.
78	70		13 (7) Review and make recommendations concerning investigative
79	71		14 procedures and emergency responses contained in the report
80	72		15 prepared under section 10 of this chapter.
81	73		16 (c) Upon request of the office of the department of child services
82	74		17 ombudsman, the local child protection team shall assist the office of the
83	75		18 department of child services ombudsman by investigating and making
84	76		19 recommendations on a matter. If a local child protection team was
85	77		20 involved in an initial investigation, a different local child protection
86	78		21 team may assist in the investigation under this subsection.
87	79		22 (d) At the end of an investigation of a complaint, the office of the
88	80		23 department of child services ombudsman shall provide an appropriate
89	81		24 report as follows:
90	82		25 (1) If the complainant is a parent, guardian, custodian, court
91	83		26 appointed special advocate, guardian ad litem, or court, the
92	84		27 ombudsman may provide the same report to the complainant and
93	85		28 the department of child services.
94	86		29 (2) If the complainant is not a person described in subdivision (1),
95	87		30 the ombudsman shall provide a redacted version of its findings to
96	88		31 the complainant stating in general terms that the actions of the
97	89		32 department of child services were or were not appropriate.
98	90		33 (e) The department of child services ombudsman shall provide a
99	91		34 copy of the report and recommendations to the department of child
100	92		35 services. The office of the department of child services ombudsman
101	93		36 may not disclose to:
102	94		37 (1) a complainant;
103	95		38 (2) another person who is not a parent, guardian, or custodian of
104	96		39 the child who was the subject of the department of child services'
105	97		40 action or omission; or
106	98		41 (3) the court, court appointed special advocate, or guardian ad
107	99		42 litem of the child in a case that was filed as a child in need of
108		-	HB 1164—LS 6539/DI 148 3
	100	+	2024 IN 1164—LS 6539/DI 148 3
109	101		1 services or a termination of parental rights action;
110	102		2 any information that the department of child services could not, by law,
111	103		3 reveal to the complainant, parent, guardian, custodian, person, court,
112	104		4 court appointed special advocate, or guardian ad litem.
113	105		5 (f) If, after reviewing a complaint or conducting an investigation and
114	106		6 considering the response of an agency, facility, or program and any
115	107		7 other pertinent material, the office of the department of child services
116	108		8 ombudsman determines that the complaint has merit or the
117	109		9 investigation reveals a problem, the ombudsman may recommend that
118	110		10 the agency, facility, or program:
119	111		11 (1) consider the matter further;
120	112		12 (2) modify or cancel its actions;
121	113		13 (3) alter a rule, order, or internal policy; or
122	114		14 (4) explain more fully the action in question.
123	115		15 (g) At the office of the department of child services ombudsman's
124	116		16 request, the agency, facility, or program shall, within a reasonable time,
125	117		17 inform the office of the department of child services ombudsman about
126	118		18 the action taken on the recommendation or the reasons for not
127	119		19 complying with it.
128	120		20 (h) The office of the department of child services ombudsman may
129	121		21 not investigate the following:
130	122		22 (1) A complaint from an employee of the department of child
131	123		23 services that relates to the employee's employment relationship
132	124		24 with the department of child services.
133	125		25 (2) A complaint challenging a department of child services
134	126		26 substantiation of abuse or neglect that is currently the subject of
135	127		27 a pending administrative review procedure before the exhaustion
136	128		28 of administrative remedies provided by law, rule, or written
137	129		29 policy. Investigation of any such complaint received shall be
138	130		30 stayed until the administrative remedy has been exhausted.
139	131		31 However, if the administrative process is not completed or
140	132		32 terminated within six (6) months after initiation of the
141	133		33 administrative process, the office of child services ombudsman
142	134		34 may proceed with its investigation.
143	135		35 (i) If the office of the department of child services ombudsman does
144	136		36 not investigate a complaint, the office of the department of child
145	137		37 services ombudsman shall notify the complainant of the decision not
146	138		38 to investigate and the reasons for the decision.
147	139		39 SECTION 2. IC 12-17.2-3.5-8.5, AS AMENDED BY P.L.183-2017,
148	140		40 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
149	141		41 JULY 1, 2024]: Sec. 8.5. (a) A provider shall provide to all employees
150	142		42 and volunteers of the provider the written material prepared and made
151		-	HB 1164—LS 6539/DI 148 4
	143	+	2024 IN 1164—LS 6539/DI 148 4
152	144		1 available by the division under subsection (c).
153	145		2 (b) An employee or a volunteer of a provider who has reason to
154	146		3 believe that a child in the provider's care is a victim of child abuse or
155	147		4 neglect shall make a report as required under IC 31-33-5.
156	148		5 (c) The division shall do the following:
157	149		6 (1) Prepare written material specifying the following:
158	150		7 (A) The duty to report known or suspected child abuse or
159	151		8 neglect under IC 31-33-5.
160	152		9 (B) That knowing failure to make a report required by:
161	153		10 (i) IC 31-33-5-1; or
162	154		11 (ii) IC 31-33-5-2; or
163	155		12 (iii) IC 31-33-5-2.5;
164	156		13 is a Class B A misdemeanor under IC 31-33-22-1.
165	157		14 (2) Make the written material under subdivision (1) available to
166	158		15 providers.
167	159		16 SECTION 3. IC 16-34-2-1.1, AS AMENDED BY P.L.56-2023,
168	160		17 SECTION 153, IS AMENDED TO READ AS FOLLOWS
169	161		18 [EFFECTIVE JULY 1, 2024]: Sec. 1.1. (a) An abortion shall not be
170	162		19 performed except with the voluntary and informed consent of the
171	163		20 pregnant woman upon whom the abortion is to be performed. Except
172	164		21 in the case of a medical emergency, consent to an abortion is voluntary
173	165		22 and informed only if the following conditions are met:
174	166		23 (1) At least eighteen (18) hours before the abortion and in the
175	167		24 private, not group, presence of the pregnant woman, the physician
176	168		25 who is to perform the abortion, the referring physician or a
177	169		26 physician assistant (as defined in IC 25-27.5-2-10), an advanced
178	170		27 practice registered nurse (as defined in IC 25-23-1-1(b)), or a
179	171		28 certified nurse midwife (as defined in IC 34-18-2-6.5) to whom
180	172		29 the responsibility has been delegated by the physician who is to
181	173		30 perform the abortion or the referring physician has informed the
182	174		31 pregnant woman orally and in writing of the following:
183	175		32 (A) The name of the physician performing the abortion, the
184	176		33 physician's medical license number, and an emergency
185	177		34 telephone number where the physician or the physician's
186	178		35 designee may be contacted on a twenty-four (24) hour a day,
187	179		36 seven (7) day a week basis.
188	180		37 (B) That follow-up care by the physician or the physician's
189	181		38 designee (if the designee is licensed under IC 25-22.5) is
190	182		39 available on an appropriate and timely basis when clinically
191	183		40 necessary.
192	184		41 (C) The nature of the proposed procedure or information
193	185		42 concerning the abortion inducing drug that includes the
194		-	HB 1164—LS 6539/DI 148 5
	186	+	2024 IN 1164—LS 6539/DI 148 5
195	187		1 following statement: "Some evidence suggests that effects of
196	188		2 Mifespristone may be avoided, ceased, or reversed if the
197	189		3 second pill, Misoprostol, has not been taken. Immediately
198	190		4 contact the following for more information at (insert
199	191		5 applicable abortion inducing drug reversal website and
200	192		6 corresponding hotline number)."
201	193		7 (D) Objective scientific information of the risks of and
202	194		8 alternatives to the procedure or the use of an abortion inducing
203	195		9 drug, including:
204	196		10 (i) the risk of infection and hemorrhage;
205	197		11 (ii) the potential danger to a subsequent pregnancy; and
206	198		12 (iii) the potential danger of infertility.
207	199		13 (E) That human physical life begins when a human ovum is
208	200		14 fertilized by a human sperm.
209	201		15 (F) The probable gestational age of the fetus at the time the
210	202		16 abortion is to be performed, including:
211	203		17 (i) a picture of a fetus;
212	204		18 (ii) the dimensions of a fetus; and
213	205		19 (iii) relevant information on the potential survival of an
214	206		20 unborn fetus;
215	207		21 at this stage of development.
216	208		22 (G) That objective scientific information shows that a fetus
217	209		23 can feel pain at or before twenty (20) weeks of postfertilization
218	210		24 age.
219	211		25 (H) The medical risks associated with carrying the fetus to
220	212		26 term.
221	213		27 (I) The availability of fetal ultrasound imaging and
222	214		28 auscultation of fetal heart tone services to enable the pregnant
223	215		29 woman to view the image and hear the heartbeat of the fetus
224	216		30 and how to obtain access to these services.
225	217		31 (J) That the pregnancy of a child less than fifteen (15) years of
226	218		32 age may constitute child abuse under Indiana law if the act
227	219		33 included an adult and must be reported to the department of
228	220		34 child services or and the local law enforcement agency in
229	221		35 Indiana under IC 31-33-5.
230	222		36 (K) That Indiana does not allow a fetus to be aborted solely
231	223		37 because of the fetus's race, color, national origin, ancestry, sex,
232	224		38 or diagnosis or potential diagnosis of the fetus having Down
233	225		39 syndrome or any other disability.
234	226		40 (L) That no one has the right to coerce the pregnant woman to
235	227		41 have an abortion.
236	228		42 (2) At least eighteen (18) hours before the abortion, the pregnant
237		-	HB 1164—LS 6539/DI 148 6
	229	+	2024 IN 1164—LS 6539/DI 148 6
238	230		1 woman will be informed orally and in writing of the following:
239	231		2 (A) That medical assistance benefits may be available for
240	232		3 prenatal care, childbirth, and neonatal care from the county
241	233		4 office of the division of family resources.
242	234		5 (B) That the father of the unborn fetus is legally required to
243	235		6 assist in the support of the child. In the case of rape, the
244	236		7 information required under this clause may be omitted.
245	237		8 (C) That adoption alternatives are available and that adoptive
246	238		9 parents may legally pay the costs of prenatal care, childbirth,
247	239		10 and neonatal care.
248	240		11 (D) That there are physical risks to the pregnant woman in
249	241		12 having an abortion, both during the abortion procedure and
250	242		13 after.
251	243		14 (E) That Indiana has enacted the safe haven law under
252	244		15 IC 31-34-2.5.
253	245		16 (F) The:
254	246		17 (i) website address of the state department's website; and
255	247		18 (ii) description of the information that will be provided on
256	248		19 the website and that is;
257	249		20 described in section 1.5 of this chapter.
258	250		21 (G) For the facility in which the abortion is to be performed,
259	251		22 an emergency telephone number that is available and
260	252		23 answered on a twenty-four (24) hour a day, seven (7) day a
261	253		24 week basis.
262	254		25 (H) On a form developed by the state department and as
263	255		26 described in IC 16-34-3, that the pregnant woman has a right
264	256		27 to determine the final disposition of the remains of the aborted
265	257		28 fetus.
266	258		29 (I) On a form developed by the state department, that the
267	259		30 pregnant woman has a right, after a surgical abortion, to:
268	260		31 (i) dispose of the remains of the aborted fetus by interment
269	261		32 in compliance with IC 23-14-54, or cremation through a
270	262		33 licensee (as defined in IC 25-15-2-19) and in compliance
271	263		34 with IC 23-14-31; or
272	264		35 (ii) have the health care facility dispose of the remains of the
273	265		36 aborted fetus by interment in compliance with IC 23-14-54,
274	266		37 or cremation through a licensee (as defined in
275	267		38 IC 25-15-2-19) and in compliance with IC 23-14-31, and ask
276	268		39 which method of disposition will be used by the health care
277	269		40 facility.
278	270		41 (J) On a form developed by the state department:
279	271		42 (i) that a pregnant woman, after an abortion induced by an
280		-	HB 1164—LS 6539/DI 148 7
	272	+	2024 IN 1164—LS 6539/DI 148 7
281	273		1 abortion inducing drug, will expel an aborted fetus; and
282	274		2 (ii) the disposition policy of the health care facility
283	275		3 concerning the disposition of the aborted fetus. The
284	276		4 disposition policy must allow the pregnant woman to return
285	277		5 the aborted fetus to the health care facility for disposition by
286	278		6 interment in compliance with IC 23-14-54, or cremation
287	279		7 through a licensee (as defined in IC 25-15-2-19) and in
288	280		8 compliance with IC 23-14-31.
289	281		9 (K) On a form developed by the state department, information
290	282		10 concerning any counseling that is available to a pregnant
291	283		11 woman after having an abortion.
292	284		12 The state department shall develop and distribute the forms
293	285		13 required by clauses (H) through (K).
294	286		14 (3) The pregnant woman certifies in writing, on a form developed
295	287		15 by the state department, before the abortion is performed, that:
296	288		16 (A) the information required by subdivisions (1) and (2) has
297	289		17 been provided to the pregnant woman;
298	290		18 (B) the pregnant woman has been offered by the provider the
299	291		19 opportunity to view the fetal ultrasound imaging and hear the
300	292		20 auscultation of the fetal heart tone if the fetal heart tone is
301	293		21 audible and that the woman has:
302	294		22 (i) viewed or refused to view the offered fetal ultrasound
303	295		23 imaging; and
304	296		24 (ii) listened to or refused to listen to the offered auscultation
305	297		25 of the fetal heart tone if the fetal heart tone is audible; and
306	298		26 (C) the pregnant woman has been given a written copy of the
307	299		27 printed materials described in section 1.5 of this chapter.
308	300		28 (4) At least eighteen (18) hours before the abortion and in the
309	301		29 presence of the pregnant woman, the physician who is to perform
310	302		30 the abortion, the referring physician or a physician assistant (as
311	303		31 defined in IC 25-27.5-2-10), an advanced practice registered
312	304		32 nurse (as defined in IC 25-23-1-1(b)), or a certified nurse midwife
313	305		33 (as defined in IC 34-18-2-6.5) to whom the responsibility has
314	306		34 been delegated by the physician who is to perform the abortion or
315	307		35 the referring physician has provided the pregnant woman with a
316	308		36 color copy of the informed consent brochure described in section
317	309		37 1.5 of this chapter by printing the informed consent brochure from
318	310		38 the state department's website and including the following
319	311		39 information on the back cover of the brochure:
320	312		40 (A) The name of the physician performing the abortion and the
321	313		41 physician's medical license number.
322	314		42 (B) An emergency telephone number where the physician or
323		-	HB 1164—LS 6539/DI 148 8
	315	+	2024 IN 1164—LS 6539/DI 148 8
324	316		1 the physician's designee may be contacted twenty-four (24)
325	317		2 hours a day, seven (7) days a week.
326	318		3 (C) A statement that follow-up care by the physician or the
327	319		4 physician's designee who is licensed under IC 25-22.5 is
328	320		5 available on an appropriate and timely basis when clinically
329	321		6 necessary.
330	322		7 (5) At least eighteen (18) hours before an abortion is performed
331	323		8 and at the same time that the pregnant woman receives the
332	324		9 information required by subdivision (1), the provider shall
333	325		10 perform, and the pregnant woman shall view, the fetal ultrasound
334	326		11 imaging and hear the auscultation of the fetal heart tone if the
335	327		12 fetal heart tone is audible unless the pregnant woman certifies in
336	328		13 writing, on a form developed by the state department, before the
337	329		14 abortion is performed, that the pregnant woman:
338	330		15 (A) does not want to view the fetal ultrasound imaging; and
339	331		16 (B) does not want to listen to the auscultation of the fetal heart
340	332		17 tone if the fetal heart tone is audible.
341	333		18 A pregnant woman must be advised, prior to the pregnant
342	334		19 woman's decision concerning fetal ultrasound imaging, that an
343	335		20 ultrasound image of the fetus will be provided to the pregnant
344	336		21 woman to keep at no charge to the pregnant woman if the fetal
345	337		22 ultrasound is performed.
346	338		23 (6) At least eighteen (18) hours before the abortion, the physician
347	339		24 who is to perform the abortion, the referring physician or a
348	340		25 physician assistant (as defined in IC 25-27.5-2-10), an advanced
349	341		26 practice registered nurse (as defined in IC 25-23-1-1(b)), or a
350	342		27 certified nurse midwife (as defined in IC 34-18-2-6.5) to whom
351	343		28 the responsibility has been delegated by the physician who is to
352	344		29 perform the abortion or the referring physician shall, in the
353	345		30 private, not group, presence of the pregnant woman, verbally ask
354	346		31 the pregnant woman if she is being coerced to have an abortion.
355	347		32 (b) This subsection applies to a pregnant woman whose unborn
356	348		33 child has been diagnosed with a lethal fetal anomaly. The requirements
357	349		34 of this subsection are in addition to the other requirements of this
358	350		35 section. At least eighteen (18) hours before an abortion is performed on
359	351		36 the pregnant woman, the physician who will perform the abortion shall:
360	352		37 (1) orally and in person, inform the pregnant woman of the
361	353		38 availability of perinatal hospice services; and
362	354		39 (2) provide the pregnant woman copies of the perinatal hospice
363	355		40 brochure developed by the state department under IC 16-25-4.5-4
364	356		41 and the list of perinatal hospice providers and programs
365	357		42 developed under IC 16-25-4.5-5, by printing the perinatal hospice
366		-	HB 1164—LS 6539/DI 148 9
	358	+	2024 IN 1164—LS 6539/DI 148 9
367	359		1 brochure and list of perinatal hospice providers from the state
368	360		2 department's website.
369	361		3 (c) If a pregnant woman described in subsection (b) chooses to have
370	362		4 an abortion rather than continuing the pregnancy in perinatal hospice
371	363		5 care, the pregnant woman shall certify in writing, on a form developed
372	364		6 by the state department under IC 16-25-4.5-6, at least eighteen (18)
373	365		7 hours before the abortion is performed, that the pregnant woman has
374	366		8 been provided the information described in subsection (b) in the
375	367		9 manner required by subsection (b).
376	368		10 (d) For any abortion performed under this article, the physician who
377	369		11 is to perform the abortion, the referring physician or a physician
378	370		12 assistant (as defined in IC 25-27.5-2-10), an advanced practice
379	371		13 registered nurse (as defined in IC 25-23-1-1(b)), or a certified nurse
380	372		14 midwife (as defined in IC 34-18-2-6.5) to whom the responsibility has
381	373		15 been delegated by the physician who is to perform the abortion or the
382	374		16 referring physician shall include, or ensure the inclusion of, a copy of
383	375		17 a pregnant woman's ultrasound report in the pregnant woman's patient
384	376		18 file.
385	377		19 (e) If the physician who is to perform the abortion, the referring
386	378		20 physician, a physician assistant (as defined in IC 25-27.5-2-10), an
387	379		21 advanced practice registered nurse (as defined in IC 25-23-1-1(b)), or
388	380		22 a certified nurse midwife (as defined in IC 34-18-2-6.5) suspects a
389	381		23 pregnant woman is being coerced to have an abortion after making the
390	382		24 inquiry required under subsection (a)(6), the physician, physician
391	383		25 assistant, advanced practice registered nurse, or certified nurse midwife
392	384		26 shall:
393	385		27 (1) inform the pregnant woman that coercing a pregnant woman
394	386		28 to have an abortion is illegal;
395	387		29 (2) inform the pregnant woman that a demand by the father to
396	388		30 have an abortion does not relieve him of financial support
397	389		31 responsibilities; and
398	390		32 (3) provide the pregnant woman with:
399	391		33 (A) information about:
400	392		34 (i) assistance;
401	393		35 (ii) counseling; and
402	394		36 (iii) protective services offered by social programs and local
403	395		37 or state law enforcement agencies;
404	396		38 (B) access to a telephone if she needs to make a private
405	397		39 telephone call; and
406	398		40 (C) access to an alternate exit from the health care facility.
407	399		41 (f) Except as provided in subsection (g), if a physician, physician
408	400		42 assistant (as defined in IC 25-27.5-2-10), advanced practice registered
409		-	HB 1164—LS 6539/DI 148 10
	401	+	2024 IN 1164—LS 6539/DI 148 10
410	402		1 nurse (as defined in IC 25-23-1-1(b)), or certified nurse midwife (as
411	403		2 defined in IC 34-18-2-6.5) has specific and credible information that
412	404		3 a pregnant woman is being coerced into having an abortion, then an
413	405		4 abortion may not be provided to the pregnant woman during the
414	406		5 twenty-four (24) hour period after the physician, physician assistant (as
415	407		6 defined in IC 25-27.5-2-10), advanced practice registered nurse (as
416	408		7 defined in IC 25-23-1-1(b)), or certified nurse midwife (as defined in
417	409		8 IC 34-18-2-6.5) makes a report under IC 16-34-6-6(b).
418	410		9 (g) The twenty-four (24) hour period described in subsection (f) may
419	411		10 be waived if a physician, in the physician's best medical judgment,
420	412		11 determines that an abortion is necessary to prevent the death of the
421	413		12 pregnant woman or to prevent substantial and irreversible injury to a
422	414		13 major bodily function of the pregnant woman.
423	415		14 SECTION 4. IC 25-1-9-4, AS AMENDED BY P.L.35-2018,
424	416		15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
425	417		16 JULY 1, 2024]: Sec. 4. (a) A practitioner shall conduct the
426	418		17 practitioner's practice in accordance with the standards established by
427	419		18 the board regulating the profession in question and is subject to the
428	420		19 exercise of the disciplinary sanctions under section 9 of this chapter if,
429	421		20 after a hearing, the board finds:
430	422		21 (1) a practitioner has:
431	423		22 (A) engaged in or knowingly cooperated in fraud or material
432	424		23 deception in order to obtain a license to practice, including
433	425		24 cheating on a licensing examination;
434	426		25 (B) engaged in fraud or material deception in the course of
435	427		26 professional services or activities;
436	428		27 (C) advertised services in a false or misleading manner; or
437	429		28 (D) been convicted of a crime or assessed a civil penalty
438	430		29 involving fraudulent billing practices, including fraud under:
439	431		30 (i) Medicaid (42 U.S.C. 1396 et seq.);
440	432		31 (ii) Medicare (42 U.S.C. 1395 et seq.);
441	433		32 (iii) the children's health insurance program under
442	434		33 IC 12-17.6; or
443	435		34 (iv) insurance claims;
444	436		35 (2) a practitioner has been convicted of a crime that:
445	437		36 (A) has a direct bearing on the practitioner's ability to continue
446	438		37 to practice competently; or
447	439		38 (B) is harmful to the public;
448	440		39 (3) a practitioner has knowingly violated any state statute or rule,
449	441		40 or federal statute or regulation, regulating the profession in
450	442		41 question;
451	443		42 (4) a practitioner has continued to practice although the
452		-	HB 1164—LS 6539/DI 148 11
	444	+	2024 IN 1164—LS 6539/DI 148 11
453	445		1 practitioner has become unfit to practice due to:
454	446		2 (A) professional incompetence that:
455	447		3 (i) may include the undertaking of professional activities
456	448		4 that the practitioner is not qualified by training or experience
457	449		5 to undertake; and
458	450		6 (ii) does not include activities performed under
459	451		7 IC 16-21-2-9;
460	452		8 (B) failure to keep abreast of current professional theory or
461	453		9 practice;
462	454		10 (C) physical or mental disability; or
463	455		11 (D) addiction to, abuse of, or severe dependency upon alcohol
464	456		12 or other drugs that endanger the public by impairing a
465	457		13 practitioner's ability to practice safely;
466	458		14 (5) a practitioner has engaged in a course of lewd or immoral
467	459		15 conduct in connection with the delivery of services to the public;
468	460		16 (6) a practitioner has allowed the practitioner's name or a license
469	461		17 issued under this chapter to be used in connection with an
470	462		18 individual who renders services beyond the scope of that
471	463		19 individual's training, experience, or competence;
472	464		20 (7) a practitioner has had disciplinary action taken against the
473	465		21 practitioner or the practitioner's license to practice in any state or
474	466		22 jurisdiction on grounds similar to those under this chapter;
475	467		23 (8) a practitioner has diverted:
476	468		24 (A) a legend drug (as defined in IC 16-18-2-199); or
477	469		25 (B) any other drug or device issued under a drug order (as
478	470		26 defined in IC 16-42-19-3) for another person;
479	471		27 (9) a practitioner, except as otherwise provided by law, has
480	472		28 knowingly prescribed, sold, or administered any drug classified
481	473		29 as a narcotic, addicting, or dangerous drug to a habitue or addict;
482	474		30 (10) a practitioner has failed to comply with an order imposing a
483	475		31 sanction under section 9 of this chapter;
484	476		32 (11) a practitioner has engaged in sexual contact with a patient
485	477		33 under the practitioner's care or has used the practitioner-patient
486	478		34 relationship to solicit sexual contact with a patient under the
487	479		35 practitioner's care;
488	480		36 (12) a practitioner who is a participating provider of a health
489	481		37 maintenance organization has knowingly collected or attempted
490	482		38 to collect from a subscriber or enrollee of the health maintenance
491	483		39 organization any sums that are owed by the health maintenance
492	484		40 organization;
493	485		41 (13) a practitioner has assisted another person in committing an
494	486		42 act that would be grounds for disciplinary sanctions under this
495		-	HB 1164—LS 6539/DI 148 12
	487	+	2024 IN 1164—LS 6539/DI 148 12
496	488		1 chapter; or
497	489		2 (14) a practitioner has failed to report to the department of child
498	490		3 services or and a local law enforcement agency in Indiana
499	491		4 suspected child abuse in accordance with IC 31-33-5.
500	492		5 (b) A practitioner who provides health care services to the
501	493		6 practitioner's spouse is not subject to disciplinary action under
502	494		7 subsection (a)(11).
503	495		8 (c) A certified copy of the record of disciplinary action is conclusive
504	496		9 evidence of the other jurisdiction's disciplinary action under subsection
505	497		10 (a)(7).
506		-	11 SECTION 5. IC 31-9-2-13, AS AMENDED BY P.L.243-2019,
507		-	12 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
508		-	13 JULY 1, 2024]: Sec. 13. (a) "Child", for purposes of IC 31-15, IC 31-16
509		-	14 (excluding IC 31-16-12.5), and IC 31-17, means a child or children of
510		-	15 both parties to the marriage. The term includes the following:
511		-	16 (1) Children born out of wedlock to the parties.
512		-	17 (2) Children born or adopted during the marriage of the parties.
513		-	18 (b) "Child", for purposes of the Uniform Interstate Family Support
514		-	19 Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.
515		-	20 (c) "Child", for purposes of IC 31-19-5, includes an unborn child.
516		-	21 (d) Except as otherwise provided in this section, "child", for
517		-	22 purposes of the juvenile law and IC 31-27, means:
518		-	23 (1) a person who is less than eighteen (18) years of age;
519		-	24 (2) a person:
520		-	25 (A) who is eighteen (18), nineteen (19), or twenty (20) years
521		-	26 of age; and
522		-	27 (B) who either:
523		-	28 (i) is charged with a delinquent act committed before the
524		-	29 person's eighteenth birthday; or
525		-	30 (ii) has been adjudicated a child in need of services before
526		-	31 the person's eighteenth birthday; or
527		-	32 (3) a person:
528		-	33 (A) who is alleged to have committed an act that would have
529		-	34 been murder if committed by an adult;
530		-	35 (B) who was less than eighteen (18) years of age at the time of
531		-	36 the alleged act; and
532		-	37 (C) who is less than twenty-one (21) years of age.
533		-	38 (e) "Child", for purposes of IC 31-36-3, means a person who is less
534		-	39 than eighteen (18) years of age.
535		-	40 (f) "Child", for purposes of the Interstate Compact on Juveniles
536		-	41 under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.
537		-	42 (g) "Child", for purposes of IC 31-16-12.5, means an individual to
538		-	HB 1164—LS 6539/DI 148 13
539		-	1 whom child support is owed under:
540		-	2 (1) a child support order issued under IC 31-14-10 or IC 31-16-6;
541		-	3 or
542		-	4 (2) any other child support order that is enforceable under
543		-	5 IC 31-16-12.5.
544		-	6 (h) "Child", for purposes of IC 31-32-5, means an individual who is
545		-	7 less than eighteen (18) years of age.
546		-	8 (i) "Child", for purposes of the Uniform Child Custody Jurisdiction
547		-	9 Act under IC 31-21, has the meaning set forth in IC 31-21-2-3.
548		-	10 (j) "Child", for purposes of IC 31-35-2-4.5, means an individual who
549		-	11 is:
550		-	12 (1) less than eighteen (18) years of age; and
551		-	13 (2) a delinquent child or a child in need of services.
552		-	14 (k) "Child", for purposes of IC 31-33, includes an individual
553		-	15 who:
554		-	16 (1) is at least eighteen (18) years of age but less than
555		-	17 twenty-one (21) years of age; and
556		-	18 (2) resides, or has previously resided, at a residential facility
557		-	19 licensed by the department.
558		-	20 SECTION 6. IC 31-9-2-14, AS AMENDED BY P.L.46-2016,
559		-	21 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
560		-	22 JULY 1, 2024]: Sec. 14. (a) "Child abuse or neglect", for purposes of
561		-	23 IC 31-32-11-1, IC 31-33, IC 31-34-7-4, and IC 31-39-8-4, refers to:
562		-	24 (1) a child described in IC 31-34-1-1 through IC 31-34-1-5 and
563		-	25 IC 31-34-1-8 through IC 31-34-1-11, regardless of whether the
564		-	26 child needs care, treatment, rehabilitation, or the coercive
565		-	27 intervention of a court; or
566		-	28 (2) an individual who:
567		-	29 (A) is at least eighteen (18) years of age but less than
568		-	30 twenty-one (21) years of age;
569		-	31 (B) resides, or has previously resided, at a residential
570		-	32 facility licensed by the department; and
571		-	33 (C) is harmed or threatened with harm as a result of:
572		-	34 (i) neglect;
573		-	35 (ii) a battery offense included in IC 35-42-2; or
574		-	36 (iii) sexual activity (as defined in IC 35-42-4-13(b))
575		-	37 committed by a member of the staff at the residential
576		-	38 facility.
577		-	39 (b) For purposes of subsection (a), the term under subsection (a)
578		-	40 does not refer to a child who is alleged to be a victim of a sexual
579		-	41 offense under IC 35-42-4-3 unless the alleged offense under
580		-	42 IC 35-42-4-3 involves the fondling or touching of the buttocks,
581		-	HB 1164—LS 6539/DI 148 14
582		-	1 genitals, or female breasts, regardless of whether the child needs care,
583		-	2 treatment, rehabilitation, or the coercive intervention of a court.
584		-	3 (c) "Child abuse or neglect", for purposes of IC 31-34-2.3, refers to
585		-	4 acts or omissions by a person against a child as described in
586		-	5 IC 31-34-1-1 through IC 31-34-1-11, regardless of whether the child
587		-	6 needs care, treatment, rehabilitation, or the coercive intervention of a
588		-	7 court.
589		-	8 SECTION 7. IC 31-9-2-133, AS AMENDED BY P.L.86-2018,
590		-	9 SECTION 216, IS AMENDED TO READ AS FOLLOWS
591		-	10 [EFFECTIVE JULY 1, 2024]: Sec. 133. (a) "Victim of child abuse or
592		-	11 neglect", for purposes of IC 31-32-11-1 and IC 31-33, refers to:
593		-	12 (1) a child as described in:
594		-	13 (1) (A) IC 31-34-1-1 through IC 31-34-1-5;
595		-	14 (2) (B) IC 31-34-1-10; or
596		-	15 (3) (C) IC 31-34-1-11;
597		-	16 regardless of whether the child needs care, treatment,
598		-	17 rehabilitation, or the coercive intervention of a court; or
599		-	18 (2) an individual who:
600		-	19 (A) is at least eighteen (18) years of age but less than
601		-	20 twenty-one (21) years of age;
602		-	21 (B) resides, or has previously resided, at a residential
603		-	22 facility licensed by the department; and
604		-	23 (C) is harmed or threatened with harm as a result of:
605		-	24 (i) neglect;
606		-	25 (ii) a battery offense included in IC 35-42-2; or
607		-	26 (iii) sexual activity (as defined in IC 35-42-4-13(b))
608		-	27 committed by a member of the staff at the residential
609		-	28 facility.
610		-	29 (b) The term does not include a child who is alleged to be a victim
611		-	30 of a sexual offense under IC 35-42-4-3 unless the alleged offense under
612		-	31 IC 35-42-4-3 involves the fondling or touching of the buttocks,
613		-	32 genitals, or female breasts.
614		-	33 SECTION 8. IC 31-33-5-2, AS AMENDED BY P.L.183-2017,
615		-	34 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
616		-	35 JULY 1, 2024]: Sec. 2. (a) This section does not apply to an individual
617		-	36 required to make a report under this article in the individual's capacity
618		-	37 as a member of the staff of a hospital licensed under IC 16-21-2. An
619		-	38 individual required to make a report under this article in the
620		-	39 individual's capacity as a member of the staff of a hospital licensed
621		-	40 under IC 16-21-2 is subject to section 2.5 of this chapter.
622		-	41 (b) (a) Except as provided in subsection (c), if an individual is
623		-	42 required to make a report under this article in the individual's capacity
624		-	HB 1164—LS 6539/DI 148 15
625		-	1 as a member of the staff of a medical or other public or private
626		-	2 institution, school, facility, or agency, the individual shall immediately
627		-	3 make a report to:
628		-	4 (1) the department; or
629		-	5 (2) the local law enforcement agency in Indiana based on the
630		-	6 child's location at the moment the individual knows or
631		-	7 suspects child abuse or neglect.
632		-	8 The individual does not have discretion to decide not to report
633		-	9 known or suspected child abuse or neglect.
634		-	10 (b) An individual required to make a report of known or
635		-	11 suspected child abuse or neglect may not delegate the duty to make
636		-	12 the report to another individual.
637		-	13 (c) If an individual is required to report under this article in the
638		-	14 individual's capacity as a member of the staff at:
639		-	15 (1) a medical institution;
640		-	16 (2) a medical facility; or
641		-	17 (3) any other health care facility;
642		-	18 the individual shall immediately make a report to the department
643		-	19 and the local law enforcement agency in Indiana based on the
644		-	20 child's location at the moment the individual knows or suspects
645		-	21 child abuse or neglect. The individual does not have discretion to
646		-	22 decide not to report known or suspected child abuse or neglect.
647		-	23 (d) After making the report, the individual shall notify the
648		-	24 individual in charge of the institution, school, facility, or agency or the
649		-	25 designated agent of the individual in charge of the institution, school,
650		-	26 facility, or agency that the report was made.
651		-	27 SECTION 9. IC 31-33-5-2.5 IS REPEALED [EFFECTIVE JULY
652		-	28 1, 2024]. Sec. 2.5. (a) This section applies only to an individual
653		-	29 required to make a report under this article in the individual's capacity
654		-	30 as a member of the staff of a hospital licensed under IC 16-21-2.
655		-	31 (b) If an individual is required to make a report under this article in
656		-	32 the individual's capacity as a member of the staff of a hospital licensed
657		-	33 under IC 16-21-2, the individual shall immediately notify the individual
658		-	34 in charge of the hospital or the designated agent of the individual in
659		-	35 charge of the hospital.
660		-	36 (c) An individual notified under subsection (b) shall immediately
661		-	37 report or cause a report to be made to:
662		-	38 (1) the department; or
663		-	39 (2) the local law enforcement agency.
664		-	40 SECTION 10. IC 31-33-5-4, AS AMENDED BY P.L.183-2017,
665		-	41 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
666		-	42 JULY 1, 2024]: Sec. 4. (a) Except as provided in subsection (b), a
667		-	HB 1164—LS 6539/DI 148 16
668		-	1 person who has a duty under this chapter to report that a child may be
669		-	2 a victim of child abuse or neglect shall immediately make an oral or
670		-	3 written report to:
671		-	4 (1) the department; or
672		-	5 (2) the local law enforcement agency in Indiana based on the
673		-	6 child's location at the moment the individual suspects child
674		-	7 abuse or neglect.
675		-	8 (b) A person who has a duty under section 2(c) of this chapter
676		-	9 to report that a child may be a victim of child abuse or neglect shall
677		-	10 immediately make an oral or written report to:
678		-	11 (1) the department; and
679		-	12 (2) the local law enforcement agency in Indiana based on the
680		-	13 child's location at the moment the individual suspects child
681		-	14 abuse or neglect.
682		-	15 SECTION 11. IC 31-33-8-1, AS AMENDED BY P.L.198-2019,
683		-	16 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
684		-	17 JULY 1, 2024]: Sec. 1. (a) The department shall initiate an
685		-	18 appropriately thorough child protection assessment of every report of
686		-	19 known or suspected child abuse or neglect the department receives,
687		-	20 whether in accordance with this article or otherwise.
688		-	21 (b) If a report of known or suspected child abuse or neglect is
689		-	22 received from a judge or prosecutor requesting the department to
690		-	23 initiate a child protection assessment, the department shall initiate an
691		-	24 assessment in accordance with this section.
692		-	25 (c) If a report of known or suspected child abuse or neglect is
693		-	26 received from:
694		-	27 (1) medical personnel;
695		-	28 (2) school personnel;
696		-	29 (3) a social worker;
697		-	30 (4) law enforcement officials or personnel;
698		-	31 (5) judiciary personnel; or
699		-	32 (6) prosecuting attorney personnel;
700		-	33 the department shall forward the report to the local office to determine
701		-	34 if the department will initiate an assessment in accordance with this
702		-	35 section.
703		-	36 (d) If the department believes that a child is in imminent danger of
704		-	37 serious bodily harm, the department shall initiate an onsite assessment
705		-	38 immediately, but not later than two (2) hours, after receiving the report.
706		-	39 (e) If the report alleges a child may be a victim of child abuse, the
707		-	40 assessment shall be initiated immediately, but not later than
708		-	41 twenty-four (24) hours after receipt of the report.
709		-	42 (f) If reports of child neglect are received, the assessment shall be
710		-	HB 1164—LS 6539/DI 148 17
711		-	1 initiated within a reasonably prompt time, but not later than five (5)
712		-	2 days, with the primary consideration being the well-being of the child
713		-	3 who is the subject of the report.
714		-	4 (g) If the report alleges that a child lives with a parent, guardian, or
715		-	5 custodian who is married to or lives with a person who:
716		-	6 (1) has been convicted of:
717		-	7 (A) neglect of a dependent under IC 35-46-1-4; or
718		-	8 (B) a battery offense under IC 35-42-4; or
719		-	9 (2) is required to register as a sex or violent offender under
720		-	10 IC 11-8-8;
721		-	11 the department shall initiate an assessment within a reasonably prompt
722		-	12 time, but not later than five (5) days after the department receives the
723		-	13 report, with the primary consideration being the well-being of the child
724		-	14 who is the subject of the report.
725		-	15 (h) If the safety or well-being of a child appears to be endangered or
726		-	16 the facts otherwise warrant, the assessment shall be initiated regardless
727		-	17 of the time of day.
728		-	18 (i) If a report alleges abuse or neglect and involves a child care
729		-	19 ministry that is exempt from licensure under IC 12-17.2-6, the
730		-	20 department and the appropriate law enforcement agency shall jointly
731		-	21 conduct an investigation. The investigation shall be conducted under
732		-	22 the requirements of this section and section 2(b) of this chapter.
733		-	23 (j) If a report alleges child abuse or neglect involving a
734		-	24 residential facility licensed by the department, the department
735		-	25 shall initiate an onsite assessment immediately, but not later than
736		-	26 twenty-four (24) hours, after receiving the report.
737		-	27 SECTION 12. IC 31-33-8.5 IS ADDED TO THE INDIANA CODE
738		-	28 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
739		-	29 JULY 1, 2024]:
740		-	30 Chapter 8.5. Investigation of a School or Athletic Facility
741		-	31 Sec. 1. If a report made under IC 31-33-5 alleges that a staff
742		-	32 member, youth coach, or volunteer of a school or athletic facility
743		-	33 is the abuser, local law enforcement shall investigate the school or
744		-	34 athletic facility to determine whether the school or athletic facility
745		-	35 reasonably should have known that the alleged abuse was
746		-	36 happening. In determining whether the school or athletic facility
747		-	37 should have known, local law enforcement may consider the
748		-	38 following:
749		-	39 (1) Whether there have been previous allegations against the
750		-	40 staff member, youth coach, or volunteer.
751		-	41 (2) Whether there are disciplinary records for the staff
752		-	42 member, youth coach, or volunteer.
753		-	HB 1164—LS 6539/DI 148 18
754		-	1 (3) Whether the school or athletic facility properly reported
755		-	2 any previous:
756		-	3 (A) allegations against the staff member, youth coach, or
757		-	4 volunteer; or
758		-	5 (B) disciplinary records involving the staff member's,
759		-	6 youth coach's, or volunteer's inappropriate behavior with
760		-	7 a minor.
761		-	8 Sec. 2. If local law enforcement determines that a school or
762		-	9 athletic facility reasonably should have known that the alleged
763		-	10 abuse was happening, local law enforcement shall provide the
764		-	11 prosecuting attorney with a complete written report of the
765		-	12 investigation.
766		-	13 SECTION 13. IC 31-33-22-1, AS AMENDED BY P.L.183-2017,
767		-	14 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
768		-	15 JULY 1, 2024]: Sec. 1. (a) A person who knowingly fails to make a
769		-	16 report required by IC 31-33-5-1 commits a Class B A misdemeanor.
770		-	17 (b) A person who knowingly fails to make a report required by
771		-	18 IC 31-33-5-2 or IC 31-33-5-2.5 commits a Class B A misdemeanor.
772		-	19 This penalty is in addition to the penalty imposed by subsection (a).
773		-	20 (c) A criminal investigation does not affect the victim's right to
774		-	21 seek a civil remedy against the person being investigated for a
775		-	22 crime under this section.
776		-	HB 1164—LS 6539/DI 148 19
777		-	COMMITTEE REPORT
778		-	Mr. Speaker: Your Committee on Family, Children and Human
779		-	Affairs, to which was referred House Bill 1164, has had the same under
780		-	consideration and begs leave to report the same back to the House with
781		-	the recommendation that said bill be amended as follows:
782		-	Page 12, between lines 10 and 11, begin a new paragraph and insert:
783		-	"SECTION 5. IC 31-9-2-13, AS AMENDED BY P.L.243-2019,
784		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
785		-	JULY 1, 2024]: Sec. 13. (a) "Child", for purposes of IC 31-15, IC 31-16
786		-	(excluding IC 31-16-12.5), and IC 31-17, means a child or children of
787		-	both parties to the marriage. The term includes the following:
788		-	(1) Children born out of wedlock to the parties.
789		-	(2) Children born or adopted during the marriage of the parties.
790		-	(b) "Child", for purposes of the Uniform Interstate Family Support
791		-	Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.
792		-	(c) "Child", for purposes of IC 31-19-5, includes an unborn child.
793		-	(d) Except as otherwise provided in this section, "child", for
794		-	purposes of the juvenile law and IC 31-27, means:
795		-	(1) a person who is less than eighteen (18) years of age;
796		-	(2) a person:
797		-	(A) who is eighteen (18), nineteen (19), or twenty (20) years
798		-	of age; and
799		-	(B) who either:
800		-	(i) is charged with a delinquent act committed before the
801		-	person's eighteenth birthday; or
802		-	(ii) has been adjudicated a child in need of services before
803		-	the person's eighteenth birthday; or
804		-	(3) a person:
805		-	(A) who is alleged to have committed an act that would have
806		-	been murder if committed by an adult;
807		-	(B) who was less than eighteen (18) years of age at the time of
808		-	the alleged act; and
809		-	(C) who is less than twenty-one (21) years of age.
810		-	(e) "Child", for purposes of IC 31-36-3, means a person who is less
811		-	than eighteen (18) years of age.
812		-	(f) "Child", for purposes of the Interstate Compact on Juveniles
813		-	under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.
814		-	(g) "Child", for purposes of IC 31-16-12.5, means an individual to
815		-	whom child support is owed under:
816		-	(1) a child support order issued under IC 31-14-10 or IC 31-16-6;
817		-	or
818		-	HB 1164—LS 6539/DI 148 20
819		-	(2) any other child support order that is enforceable under
820		-	IC 31-16-12.5.
821		-	(h) "Child", for purposes of IC 31-32-5, means an individual who is
822		-	less than eighteen (18) years of age.
823		-	(i) "Child", for purposes of the Uniform Child Custody Jurisdiction
824		-	Act under IC 31-21, has the meaning set forth in IC 31-21-2-3.
825		-	(j) "Child", for purposes of IC 31-35-2-4.5, means an individual who
826		-	is:
827		-	(1) less than eighteen (18) years of age; and
828		-	(2) a delinquent child or a child in need of services.
829		-	(k) "Child", for purposes of IC 31-33, includes an individual
830		-	who:
831		-	(1) is at least eighteen (18) years of age but less than
832		-	twenty-one (21) years of age; and
833		-	(2) resides, or has previously resided, at a residential facility
834		-	licensed by the department.
835		-	SECTION 6. IC 31-9-2-14, AS AMENDED BY P.L.46-2016,
836		-	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
837		-	JULY 1, 2024]: Sec. 14. (a) "Child abuse or neglect", for purposes of
838		-	IC 31-32-11-1, IC 31-33, IC 31-34-7-4, and IC 31-39-8-4, refers to:
839		-	(1) a child described in IC 31-34-1-1 through IC 31-34-1-5 and
840		-	IC 31-34-1-8 through IC 31-34-1-11, regardless of whether the
841		-	child needs care, treatment, rehabilitation, or the coercive
842		-	intervention of a court; or
843		-	(2) an individual who:
844		-	(A) is at least eighteen (18) years of age but less than
845		-	twenty-one (21) years of age;
846		-	(B) resides, or has previously resided, at a residential
847		-	facility licensed by the department; and
848		-	(C) is harmed or threatened with harm as a result of:
849		-	(i) neglect;
850		-	(ii) a battery offense included in IC 35-42-2; or
851		-	(iii) sexual activity (as defined in IC 35-42-4-13(b))
852		-	committed by a member of the staff at the residential
853		-	facility.
854		-	(b) For purposes of subsection (a), the term under subsection (a)
855		-	does not refer to a child who is alleged to be a victim of a sexual
856		-	offense under IC 35-42-4-3 unless the alleged offense under
857		-	IC 35-42-4-3 involves the fondling or touching of the buttocks,
858		-	genitals, or female breasts, regardless of whether the child needs care,
859		-	treatment, rehabilitation, or the coercive intervention of a court.
860		-	(c) "Child abuse or neglect", for purposes of IC 31-34-2.3, refers to
861		-	HB 1164—LS 6539/DI 148 21
862		-	acts or omissions by a person against a child as described in
863		-	IC 31-34-1-1 through IC 31-34-1-11, regardless of whether the child
864		-	needs care, treatment, rehabilitation, or the coercive intervention of a
865		-	court.
866		-	SECTION 7. IC 31-9-2-133, AS AMENDED BY P.L.86-2018,
867		-	SECTION 216, IS AMENDED TO READ AS FOLLOWS
868		-	[EFFECTIVE JULY 1, 2024]: Sec. 133. (a) "Victim of child abuse or
869		-	neglect", for purposes of IC 31-32-11-1 and IC 31-33, refers to:
870		-	(1) a child as described in:
871		-	(1) (A) IC 31-34-1-1 through IC 31-34-1-5;
872		-	(2) (B) IC 31-34-1-10; or
873		-	(3) (C) IC 31-34-1-11;
874		-	regardless of whether the child needs care, treatment,
875		-	rehabilitation, or the coercive intervention of a court; or
876		-	(2) an individual who:
877		-	(A) is at least eighteen (18) years of age but less than
878		-	twenty-one (21) years of age;
879		-	(B) resides, or has previously resided, at a residential
880		-	facility licensed by the department; and
881		-	(C) is harmed or threatened with harm as a result of:
882		-	(i) neglect;
883		-	(ii) a battery offense included in IC 35-42-2; or
884		-	(iii) sexual activity (as defined in IC 35-42-4-13(b))
885		-	committed by a member of the staff at the residential
886		-	facility.
887		-	(b) The term does not include a child who is alleged to be a victim
888		-	of a sexual offense under IC 35-42-4-3 unless the alleged offense under
889		-	IC 35-42-4-3 involves the fondling or touching of the buttocks,
890		-	genitals, or female breasts.".
891		-	Page 12, line 38, delete "immediately, but not later than two (2)
892		-	hours," and insert "immediately".
893		-	Page 13, line 31, delete "immediately, but not later than two (2)
894		-	hours," and insert "immediately".
895		-	Page 15, delete lines 3 through 16, begin a new paragraph and
896		-	insert:
897		-	"(j) If a report alleges child abuse or neglect involving a
898		-	residential facility licensed by the department, the department
899		-	shall initiate an onsite assessment immediately, but not later than
900		-	twenty-four (24) hours, after receiving the report.
901		-	SECTION 8. IC 31-33-8.5 IS ADDED TO THE INDIANA CODE
902		-	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
903		-	JULY 1, 2024]:
904		-	HB 1164—LS 6539/DI 148 22
905		-	Chapter 8.5. Investigation of a School or Athletic Facility
906		-	Sec. 1. If a report made under IC 31-33-5 alleges that a staff
907		-	member, youth coach, or volunteer of a school or athletic facility
908		-	is the abuser, local law enforcement shall investigate the school or
909		-	athletic facility to determine whether the school or athletic facility
910		-	reasonably should have known that the alleged abuse was
911		-	happening. In determining whether the school or athletic facility
912		-	should have known, local law enforcement may consider the
913		-	following:
914		-	(1) Whether there have been previous allegations against the
915		-	staff member, youth coach, or volunteer.
916		-	(2) Whether there are disciplinary records for the staff
917		-	member, youth coach, or volunteer.
918		-	(3) Whether the school or athletic facility properly reported
919		-	any previous:
920		-	(A) allegations against the staff member, youth coach, or
921		-	volunteer; or
922		-	(B) disciplinary records involving the staff member's,
923		-	youth coach's, or volunteer's inappropriate behavior with
924		-	a minor.
925		-	Sec. 2. If local law enforcement determines that a school or
926		-	athletic facility reasonably should have known that the alleged
927		-	abuse was happening, local law enforcement shall provide the
928		-	prosecuting attorney with a complete written report of the
929		-	investigation.".
930		-	Renumber all SECTIONS consecutively.
931		-	and when so amended that said bill do pass.
932		-	(Reference is to HB 1164 as introduced.)
933		-	DEVON
934		-	Committee Vote: yeas 13, nays 0.
935		-	HB 1164—LS 6539/DI 148
	498	+	11 SECTION 5. IC 31-33-5-2, AS AMENDED BY P.L.183-2017,
	499	+	12 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	500	+	13 JULY 1, 2024]: Sec. 2. (a) This section does not apply to an individual
	501	+	14 required to make a report under this article in the individual's capacity
	502	+	15 as a member of the staff of a hospital licensed under IC 16-21-2. An
	503	+	16 individual required to make a report under this article in the
	504	+	17 individual's capacity as a member of the staff of a hospital licensed
	505	+	18 under IC 16-21-2 is subject to section 2.5 of this chapter.
	506	+	19 (b) (a) Except as provided in subsection (c), if an individual is
	507	+	20 required to make a report under this article in the individual's capacity
	508	+	21 as a member of the staff of a medical or other public or private
	509	+	22 institution, school, facility, or agency, the individual shall immediately
	510	+	23 make a report to:
	511	+	24 (1) the department; or
	512	+	25 (2) the local law enforcement agency in Indiana based on the
	513	+	26 child's location at the moment the individual knows or
	514	+	27 suspects child abuse or neglect.
	515	+	28 The individual does not have discretion to decide not to report
	516	+	29 known or suspected child abuse or neglect.
	517	+	30 (b) An individual required to make a report of known or
	518	+	31 suspected child abuse or neglect may not delegate the duty to make
	519	+	32 the report to another individual.
	520	+	33 (c) If an individual is required to report under this article in the
	521	+	34 individual's capacity as a member of the staff at:
	522	+	35 (1) a medical institution;
	523	+	36 (2) a medical facility; or
	524	+	37 (3) any other health care facility;
	525	+	38 the individual shall immediately, but not later than two (2) hours,
	526	+	39 make a report to the department and the local law enforcement
	527	+	40 agency in Indiana based on the child's location at the moment the
	528	+	41 individual knows or suspects child abuse or neglect. The individual
	529	+	42 does not have discretion to decide not to report known or suspected
	530	+	2024 IN 1164—LS 6539/DI 148 13
	531	+	1 child abuse or neglect.
	532	+	2 (d) After making the report, the individual shall notify the
	533	+	3 individual in charge of the institution, school, facility, or agency or the
	534	+	4 designated agent of the individual in charge of the institution, school,
	535	+	5 facility, or agency that the report was made.
	536	+	6 SECTION 6. IC 31-33-5-2.5 IS REPEALED [EFFECTIVE JULY
	537	+	7 1, 2024]. Sec. 2.5. (a) This section applies only to an individual
	538	+	8 required to make a report under this article in the individual's capacity
	539	+	9 as a member of the staff of a hospital licensed under IC 16-21-2.
	540	+	10 (b) If an individual is required to make a report under this article in
	541	+	11 the individual's capacity as a member of the staff of a hospital licensed
	542	+	12 under IC 16-21-2, the individual shall immediately notify the individual
	543	+	13 in charge of the hospital or the designated agent of the individual in
	544	+	14 charge of the hospital.
	545	+	15 (c) An individual notified under subsection (b) shall immediately
	546	+	16 report or cause a report to be made to:
	547	+	17 (1) the department; or
	548	+	18 (2) the local law enforcement agency.
	549	+	19 SECTION 7. IC 31-33-5-4, AS AMENDED BY P.L.183-2017,
	550	+	20 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	551	+	21 JULY 1, 2024]: Sec. 4. (a) Except as provided in subsection (b), a
	552	+	22 person who has a duty under this chapter to report that a child may be
	553	+	23 a victim of child abuse or neglect shall immediately make an oral or
	554	+	24 written report to:
	555	+	25 (1) the department; or
	556	+	26 (2) the local law enforcement agency in Indiana based on the
	557	+	27 child's location at the moment the individual suspects child
	558	+	28 abuse or neglect.
	559	+	29 (b) A person who has a duty under section 2(c) of this chapter
	560	+	30 to report that a child may be a victim of child abuse or neglect shall
	561	+	31 immediately, but not later than two (2) hours, make an oral or
	562	+	32 written report to:
	563	+	33 (1) the department; and
	564	+	34 (2) the local law enforcement agency in Indiana based on the
	565	+	35 child's location at the moment the individual suspects child
	566	+	36 abuse or neglect.
	567	+	37 SECTION 8. IC 31-33-8-1, AS AMENDED BY P.L.198-2019,
	568	+	38 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	569	+	39 JULY 1, 2024]: Sec. 1. (a) The department shall initiate an
	570	+	40 appropriately thorough child protection assessment of every report of
	571	+	41 known or suspected child abuse or neglect the department receives,
	572	+	42 whether in accordance with this article or otherwise.
	573	+	2024 IN 1164—LS 6539/DI 148 14
	574	+	1 (b) If a report of known or suspected child abuse or neglect is
	575	+	2 received from a judge or prosecutor requesting the department to
	576	+	3 initiate a child protection assessment, the department shall initiate an
	577	+	4 assessment in accordance with this section.
	578	+	5 (c) If a report of known or suspected child abuse or neglect is
	579	+	6 received from:
	580	+	7 (1) medical personnel;
	581	+	8 (2) school personnel;
	582	+	9 (3) a social worker;
	583	+	10 (4) law enforcement officials or personnel;
	584	+	11 (5) judiciary personnel; or
	585	+	12 (6) prosecuting attorney personnel;
	586	+	13 the department shall forward the report to the local office to determine
	587	+	14 if the department will initiate an assessment in accordance with this
	588	+	15 section.
	589	+	16 (d) If the department believes that a child is in imminent danger of
	590	+	17 serious bodily harm, the department shall initiate an onsite assessment
	591	+	18 immediately, but not later than two (2) hours, after receiving the report.
	592	+	19 (e) If the report alleges a child may be a victim of child abuse, the
	593	+	20 assessment shall be initiated immediately, but not later than
	594	+	21 twenty-four (24) hours after receipt of the report.
	595	+	22 (f) If reports of child neglect are received, the assessment shall be
	596	+	23 initiated within a reasonably prompt time, but not later than five (5)
	597	+	24 days, with the primary consideration being the well-being of the child
	598	+	25 who is the subject of the report.
	599	+	26 (g) If the report alleges that a child lives with a parent, guardian, or
	600	+	27 custodian who is married to or lives with a person who:
	601	+	28 (1) has been convicted of:
	602	+	29 (A) neglect of a dependent under IC 35-46-1-4; or
	603	+	30 (B) a battery offense under IC 35-42-4; or
	604	+	31 (2) is required to register as a sex or violent offender under
	605	+	32 IC 11-8-8;
	606	+	33 the department shall initiate an assessment within a reasonably prompt
	607	+	34 time, but not later than five (5) days after the department receives the
	608	+	35 report, with the primary consideration being the well-being of the child
	609	+	36 who is the subject of the report.
	610	+	37 (h) If the safety or well-being of a child appears to be endangered or
	611	+	38 the facts otherwise warrant, the assessment shall be initiated regardless
	612	+	39 of the time of day.
	613	+	40 (i) If a report alleges abuse or neglect and involves a child care
	614	+	41 ministry that is exempt from licensure under IC 12-17.2-6, the
	615	+	42 department and the appropriate law enforcement agency shall jointly
	616	+	2024 IN 1164—LS 6539/DI 148 15
	617	+	1 conduct an investigation. The investigation shall be conducted under
	618	+	2 the requirements of this section and section 2(b) of this chapter.
	619	+	3 (j) If a report alleges that a youth coach is the abuser, the
	620	+	4 department shall investigate the school or athletic facility to
	621	+	5 determine whether the school or athletic facility reasonably should
	622	+	6 have known that the alleged abuse was happening. In determining
	623	+	7 whether the school or athletic facility reasonably should have
	624	+	8 known, the department may consider the following:
	625	+	9 (1) Whether there have been previous allegations against the
	626	+	10 coach.
	627	+	11 (2) Whether there are disciplinary records for the coach
	628	+	12 involving inappropriate behavior with a minor.
	629	+	13 (3) Whether the school or athletic facility properly reported
	630	+	14 any previous allegations against the coach or disciplinary
	631	+	15 records involving the coach's inappropriate behavior with a
	632	+	16 minor.
	633	+	17 SECTION 9. IC 31-33-22-1, AS AMENDED BY P.L.183-2017,
	634	+	18 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	635	+	19 JULY 1, 2024]: Sec. 1. (a) A person who knowingly fails to make a
	636	+	20 report required by IC 31-33-5-1 commits a Class B A misdemeanor.
	637	+	21 (b) A person who knowingly fails to make a report required by
	638	+	22 IC 31-33-5-2 or IC 31-33-5-2.5 commits a Class B A misdemeanor.
	639	+	23 This penalty is in addition to the penalty imposed by subsection (a).
	640	+	24 (c) A criminal investigation does not affect the victim's right to
	641	+	25 seek a civil remedy against the person being investigated for a
	642	+	26 crime under this section.
	643	+	2024 IN 1164—LS 6539/DI 148