Indiana 2024 Regular Session

Indiana House Bill HB1230 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1230
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 31-9-2-81.7; IC 31-33.
7	7	Synopsis: Child fatality information. Provides that the department of
8	8	child services (department) shall disclose to the public certain
9	9	information regarding child fatalities or near fatalities. Provides that,
10	10	upon request, the department may provide additional information
11	11	regarding cases of child fatalities or near fatalities subject to certain
12	12	requirements. Makes technical and conforming changes.
13	13	Effective: July 1, 2024.
14	14	Lauer
15	15	January 9, 2024, read first time and referred to Committee on Family, Children and Human
16	16	Affairs.
17	17	2024 IN 1230—LS 6756/DI 148 Introduced
18	18	Second Regular Session of the 123rd General Assembly (2024)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2023 Regular Session of the General Assembly.
28	28	HOUSE BILL No. 1230
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning
30	30	family law and juvenile law.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 31-9-2-81.7 IS ADDED TO THE INDIANA CODE
33	33	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
34	34	3 1, 2024]: Sec. 81.7. "Near fatality", for purposes of IC 31-33-18.5,
35	35	4 means an act that, as certified by a physician, places a child in
36	36	5 serious or critical condition.
37	37	6 SECTION 2. IC 31-33-18-1, AS AMENDED BY P.L.77-2023,
38	38	7 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39	39	8 JULY 1, 2024]: Sec. 1. (a) Except as provided in section 1.5 of this
40	40	9 chapter and IC 31-33-18.5, the following are confidential:
41	41	10 (1) Reports made under this article (or IC 31-6-11 before its
42	42	11 repeal).
43	43	12 (2) Any other information, documents, reports, pictures, videos,
44	44	13 images, or recordings obtained, possessed, produced, or created
45	45	14 by:
46	46	15 (A) the division of family resources;
47	47	16 (B) the local office;
48	48	17 (C) the department; or
49	49	2024 IN 1230—LS 6756/DI 148 2
50	50	1 (D) the department of child services ombudsman established
51	51	2 by IC 4-13-19-3;
52	52	3 concerning a child or family with whom the department has
53	53	4 received a report or referral or has been involved with during any
54	54	5 stage of the department's investigation, including post-assessment
55	55	6 or post-adoption activity.
56	56	7 (b) Except as provided in section 1.5 of this chapter and
57	57	8 IC 31-33-18.5, all records held by:
58	58	9 (1) the division of family resources;
59	59	10 (2) a local office;
60	60	11 (3) the department;
61	61	12 (4) a local child fatality review team established under
62	62	13 IC 16-49-2;
63	63	14 (5) the statewide child fatality review committee established
64	64	15 under IC 16-49-4; or
65	65	16 (6) the department of child services ombudsman established by
66	66	17 IC 4-13-19-3;
67	67	18 regarding the death of a child determined to be a result of abuse,
68	68	19 abandonment, or neglect are confidential and may not be disclosed.
69	69	20 SECTION 3. IC 31-33-18-1.5, AS AMENDED BY P.L.77-2023,
70	70	21 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
71	71	22 JULY 1, 2024]: Sec. 1.5. (a) This section applies to records held by:
72	72	23 (1) a local office;
73	73	24 (2) the department; or
74	74	25 (3) the department of child services ombudsman established by
75	75	26 IC 4-13-19-3;
76	76	27 regarding a child whose death or near fatality may have been the result
77	77	28 of abuse, abandonment, or neglect.
78	78	29 (b) For purposes of subsection (a), a child's death or near fatality
79	79	30 may have been the result of abuse, abandonment, or neglect if:
80	80	31 (1) an entity described in subsection (a) determines that the child's
81	81	32 death or near fatality is the result of abuse, abandonment, or
82	82	33 neglect; or
83	83	34 (2) a prosecuting attorney files:
84	84	35 (A) an indictment or information; or
85	85	36 (B) a complaint alleging the commission of a delinquent act;
86	86	37 that, if proven, would cause a reasonable person to believe that
87	87	38 the child's death or near fatality may have been the result of
88	88	39 abuse, abandonment, or neglect.
89	89	40 Upon the request of any person, or upon its own motion, the court
90	90	41 exercising juvenile jurisdiction in the county in which the child's death
91	91	42 or near fatality occurred shall determine whether the allegations
92	92	2024 IN 1230—LS 6756/DI 148 3
93	93	1 contained in the indictment, information, or complaint described in
94	94	2 subdivision (2), if proven, would cause a reasonable person to believe
95	95	3 that the child's death or near fatality may have been the result of abuse,
96	96	4 abandonment, or neglect.
97	97	5 (c) If the juvenile court finds that the child's death or near fatality
98	98	6 was the result of abuse, abandonment, or neglect, the court shall make
99	99	7 written findings and provide a copy of the findings and the indictment,
100	100	8 information, or complaint described under subsection (b)(2) to the
101	101	9 department.
102	102	10 (d) As used in this section:
103	103	11 (1) "case" means:
104	104	12 (A) any intake report or other documentation such as a referral
105	105	13 or other matter received or generated by the department;
106	106	14 (B) any investigation or assessment conducted by the
107	107	15 department; or
108	108	16 (C) ongoing involvement between the department and a child
109	109	17 or family that is the result of:
110	110	18 (i) a program of informal adjustment; or
111	111	19 (ii) a child in need of services action;
112	112	20 for which related records and documents have not been expunged
113	113	21 as required by law or by a court at the time the department is
114	114	22 notified of a fatality or near fatality;
115	115	23 (2) "contact" means in person communication about a case in
116	116	24 which:
117	117	25 (A) the child who is the victim of a fatality or near fatality is
118	118	26 alleged to be a victim; or
119	119	27 (B) the perpetrator of the fatality or near fatality is alleged to
120	120	28 be the perpetrator;
121	121	29 (3) "identifying information" means information that identifies an
122	122	30 individual, including an individual's:
123	123	31 (A) name, address, date of birth, occupation, place of
124	124	32 employment, and telephone number;
125	125	33 (B) employer identification number, mother's maiden name,
126	126	34 Social Security number, or any identification number issued by
127	127	35 a governmental entity;
128	128	36 (C) unique biometric data, including the individual's
129	129	37 fingerprint, voice print, or retina or iris image;
130	130	38 (D) unique electronic identification number, address, or
131	131	39 routing code;
132	132	40 (E) telecommunication identifying information; or
133	133	41 (F) telecommunication access device, including a card, a plate,
134	134	42 a code, an account number, a personal identification number,
135	135	2024 IN 1230—LS 6756/DI 148 4
136	136	1 an electronic serial number, a mobile identification number, or
137	137	2 another telecommunications service or device or means of
138	138	3 account access;
139	139	4 (4) "life threatening" means an injury or condition that is
140	140	5 categorized as "serious" or "critical" in patient hospital records;
141	141	6 and
142	142	7 (5) "near fatality" means a severe childhood injury or condition
143	143	8 that is certified by a physician as being life threatening.
144	144	9 (e) This subsection does not apply to records concerning a child
145	145	10 fatality or near fatality that the department is required to publish
146	146	11 under IC 31-33-18.5. Unless:
147	147	12 (1) a police investigation or criminal prosecution is ongoing; or
148	148	13 (2) information in a record is otherwise confidential under state
149	149	14 or federal law;
150	150	15 a record described in subsection (a) that has been redacted in
151	151	16 accordance with this section is not confidential and may be disclosed
152	152	17 to any person who requests the record. The person requesting the
153	153	18 record may be required to pay the reasonable expenses of copying the
154	154	19 record.
155	155	20 (f) When a person requests a record described in subsection (a), the
156	156	21 entity having control of the record shall immediately transmit a copy of
157	157	22 the record to the court exercising juvenile jurisdiction in the county in
158	158	23 which the death or near fatality of the child occurred. However, if the
159	159	24 court requests that the entity having control of a record transmit the
160	160	25 original record, the entity shall transmit the original record.
161	161	26 (g) Upon receipt of the record described in subsection (a), the court
162	162	27 shall, within thirty (30) days, redact the record to exclude:
163	163	28 (1) identifying information described in subsection (d)(3)(B)
164	164	29 through (d)(3)(F) of a person; and
165	165	30 (2) all identifying information of a child less than eighteen (18)
166	166	31 years of age.
167	167	32 (h) The court shall disclose the record redacted in accordance with
168	168	33 subsection (g) to any person who requests the record, if the person has
169	169	34 paid:
170	170	35 (1) to the entity having control of the record, the reasonable
171	171	36 expenses of copying under IC 5-14-3-8; and
172	172	37 (2) to the court, the reasonable expenses of copying the record.
173	173	38 (i) The data and information in a record disclosed under this section
174	174	39 must include the following:
175	175	40 (1) A summary of the report of abuse or neglect and a factual
176	176	41 description of the contents of the report.
177	177	42 (2) The age and gender of the child.
178	178	2024 IN 1230—LS 6756/DI 148 5
179	179	1 (3) The cause of the fatality or near fatality, if the cause has been
180	180	2 determined.
181	181	3 (4) Whether the department had any contact with the child or the
182	182	4 perpetrator before the fatality or near fatality, and, if the
183	183	5 department had contact, the following:
184	184	6 (A) The frequency of the contact with the child or the
185	185	7 perpetrator before the fatality or near fatality and the date on
186	186	8 which the last contact occurred before the fatality or near
187	187	9 fatality.
188	188	10 (B) A summary of the status of the child's case at the time of
189	189	11 the fatality or near fatality, including:
190	190	12 (i) whether the child's case was closed by the department
191	191	13 before the fatality or near fatality; and
192	192	14 (ii) if the child's case was closed as described under item (i),
193	193	15 the date of closure and the reasons that the case was closed.
194	194	16 (j) The court's determination under subsection (g) that certain
195	195	17 identifying information or other information is not relevant to
196	196	18 establishing the facts and circumstances leading to the death or near
197	197	19 fatality of a child is not admissible in a criminal proceeding or civil
198	198	20 action.
199	199	21 SECTION 4. IC 31-33-18-5, AS ADDED BY P.L.48-2012,
200	200	22 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
201	201	23 JULY 1, 2024]: Sec. 5. (a) Except as provided in IC 31-33-18.5, an
202	202	24 audio recording of a telephone call to the child abuse hotline is
203	203	25 confidential and may be released only upon court order.
204	204	26 (b) An audio recording of a report of child abuse or neglect that is
205	205	27 the subject of a complaint made to a prosecuting attorney under
206	206	28 IC 31-33-22-3 shall be released without a court order to the prosecuting
207	207	29 attorney upon written request of the prosecuting attorney.
208	208	30 SECTION 5. IC 31-33-18.5 IS ADDED TO THE INDIANA CODE
209	209	31 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
210	210	32 JULY 1, 2024]:
211	211	33 Chapter 18.5. Child Fatalities Public Transparency
212	212	34 Sec. 1. This chapter applies to the following:
213	213	35 (1) Reports made under this article (or IC 31-6-11 before its
214	214	36 repeal).
215	215	37 (2) Any other information obtained, reports written, or
216	216	38 photographs taken concerning the reports in the possession
217	217	39 of:
218	218	40 (A) the division of family resources;
219	219	41 (B) the local office;
220	220	42 (C) the department; or
221	221	2024 IN 1230—LS 6756/DI 148 6
222	222	1 (D) the department of child services ombudsman
223	223	2 established by IC 4-13-19-3.
224	224	3 Sec. 2. (a) Notwithstanding IC 31-33-18, the department shall
225	225	4 promptly provide information to the public regarding a case of
226	226	5 child abuse or neglect that has resulted in a child fatality or near
227	227	6 fatality.
228	228	7 (b) The department shall provide preliminary information as
229	229	8 follows:
230	230	9 (1) In the case of a child fatality, the department's disclosure
231	231	10 must include the following:
232	232	11 (A) The deceased child's name, age, and gender.
233	233	12 (B) The county or general location of the residence for the
234	234	13 child who has died.
235	235	14 (C) The fact that a child suffered a fatality as the result of
236	236	15 abuse or neglect.
237	237	16 (D) Following an arrest for the fatality, the name, age, and
238	238	17 general location of the alleged perpetrator's residence,
239	239	18 unless the disclosure would violate the privacy of a victim.
240	240	19 (E) Whether there have been reports or any current or
241	241	20 past cases of abuse or neglect involving the child or the
242	242	21 alleged perpetrator.
243	243	22 (F) Actions taken by the department in response to the
244	244	23 fatality.
245	245	24 (G) A detailed synopsis of earlier reports or cases of abuse
246	246	25 or neglect involving the child or the alleged perpetrator
247	247	26 and of the actions taken or determinations made by the
248	248	27 department in response to the earlier reports or cases.
249	249	28 (2) In the case of a child's near fatality, the department's
250	250	29 disclosure must include the following:
251	251	30 (A) The child's age and gender.
252	252	31 (B) The county or general location of the residence for the
253	253	32 child who has suffered a near fatality.
254	254	33 (C) The fact that a child suffered a near fatality as the
255	255	34 result of abuse or neglect.
256	256	35 (D) Following an arrest for the near fatality, the name, age,
257	257	36 and general location of the alleged perpetrator's residence,
258	258	37 unless the disclosure would violate the privacy of a victim.
259	259	38 (E) Whether there have been reports or any current or
260	260	39 past cases of abuse or neglect involving the child or the
261	261	40 alleged perpetrator.
262	262	41 (F) Actions taken by the department in response to the
263	263	42 near fatality.
264	264	2024 IN 1230—LS 6756/DI 148 7
265	265	1 (G) A detailed synopsis of earlier reports or cases of abuse
266	266	2 or neglect involving the child or the alleged perpetrator
267	267	3 and of the actions taken or determinations made by the
268	268	4 department in response to the earlier reports or cases.
269	269	5 (c) The department may, upon request, provide additional
270	270	6 information subject to the requirements of IC 5-14.
271	271	7 Sec. 3. Not later than ninety (90) days after the date on which
272	272	8 the department's report for a case involving a fatality or a near
273	273	9 fatality is completed, the department shall provide to the public a
274	274	10 summary report that includes the following:
275	275	11 (1) Any actions taken by the department in response to the
276	276	12 case, including changes in policies or practices that have been
277	277	13 made to address any issues raised in the review of the case.
278	278	14 (2) Information prescribed in section 4 or 5 of this chapter.
279	279	15 Sec. 4. If the summary report involves a child who was residing
280	280	16 in the child's home at the time of the child's fatality or near
281	281	17 fatality, the summary report must contain the following:
282	282	18 (1) Whether the department was providing services to the
283	283	19 child, a member of the child's family, or the alleged
284	284	20 perpetrator at the time of the child fatality or near fatality. If
285	285	21 services were provided, the date on which the last contact
286	286	22 occurred between the entity providing services and the person
287	287	23 receiving the services before the fatality or near fatality.
288	288	24 (2) Whether the child, a member of the child's family, or the
289	289	25 alleged perpetrator was the subject of a department report at
290	290	26 the time of the child fatality or near fatality.
291	291	27 (3) Whether there was an open child in need of services case
292	292	28 for the child or a member of the child's family at the time of
293	293	29 the child fatality or near fatality.
294	294	30 (4) All:
295	295	31 (A) involvement of:
296	296	32 (i) the child's parent, guardian, or custodian; and
297	297	33 (ii) the alleged perpetrator;
298	298	34 in a situation for which a department report, whether
299	299	35 substantiated or unsubstantiated, was made within the
300	300	36 preceding five (5) years of the child fatality or near
301	301	37 fatality; and
302	302	38 (B) services provided to the child or the child's family
303	303	39 within the preceding five (5) years of the child fatality or
304	304	40 near fatality.
305	305	41 (5) Any investigation by the department for a report
306	306	42 concerning the child, a member of the child's family, or the
307	307	2024 IN 1230—LS 6756/DI 148 8
308	308	1 alleged perpetrator since the child fatality or near fatality.
309	309	2 (6) Any services provided to:
310	310	3 (A) the child since the child's near fatality; or
311	311	4 (B) the child's family since the child fatality or near
312	312	5 fatality.
313	313	6 Sec. 5. If the summary report involves a child who was in an
314	314	7 out-of-home placement at the time of the child's fatality or near
315	315	8 fatality, the summary report must contain the following:
316	316	9 (1) The name of the licensee for the out-of-home placement.
317	317	10 (2) The licensing history of the out-of-home placement.
318	318	11 (3) A summary of all violations by the licensee.
319	319	12 (4) Any other actions by the licensee, or an employee of the
320	320	13 licensee, that constitute a substantial failure to protect and
321	321	14 promote the health, safety, and welfare of a child.
322	322	2024 IN 1230—LS 6756/DI 148