Introduced Version
HOUSE BILL No. 1230
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-9-2-81.7; IC 31-33.
Synopsis: Child fatality information. Provides that the department of
child services (department) shall disclose to the public certain
information regarding child fatalities or near fatalities. Provides that,
upon request, the department may provide additional information
regarding cases of child fatalities or near fatalities subject to certain
requirements. Makes technical and conforming changes.
Effective: July 1, 2024.
Lauer
January 9, 2024, read first time and referred to Committee on Family, Children and Human
Affairs.
2024 IN 1230—LS 6756/DI 148 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1230
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 31-9-2-81.7 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 81.7. "Near fatality", for purposes of IC 31-33-18.5,
4 means an act that, as certified by a physician, places a child in
5 serious or critical condition.
6 SECTION 2. IC 31-33-18-1, AS AMENDED BY P.L.77-2023,
7 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2024]: Sec. 1. (a) Except as provided in section 1.5 of this
9 chapter and IC 31-33-18.5, the following are confidential:
10 (1) Reports made under this article (or IC 31-6-11 before its
11 repeal).
12 (2) Any other information, documents, reports, pictures, videos,
13 images, or recordings obtained, possessed, produced, or created
14 by:
15 (A) the division of family resources;
16 (B) the local office;
17 (C) the department; or
2024 IN 1230—LS 6756/DI 148 2
1 (D) the department of child services ombudsman established
2 by IC 4-13-19-3;
3 concerning a child or family with whom the department has
4 received a report or referral or has been involved with during any
5 stage of the department's investigation, including post-assessment
6 or post-adoption activity.
7 (b) Except as provided in section 1.5 of this chapter and
8 IC 31-33-18.5, all records held by:
9 (1) the division of family resources;
10 (2) a local office;
11 (3) the department;
12 (4) a local child fatality review team established under
13 IC 16-49-2;
14 (5) the statewide child fatality review committee established
15 under IC 16-49-4; or
16 (6) the department of child services ombudsman established by
17 IC 4-13-19-3;
18 regarding the death of a child determined to be a result of abuse,
19 abandonment, or neglect are confidential and may not be disclosed.
20 SECTION 3. IC 31-33-18-1.5, AS AMENDED BY P.L.77-2023,
21 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2024]: Sec. 1.5. (a) This section applies to records held by:
23 (1) a local office;
24 (2) the department; or
25 (3) the department of child services ombudsman established by
26 IC 4-13-19-3;
27 regarding a child whose death or near fatality may have been the result
28 of abuse, abandonment, or neglect.
29 (b) For purposes of subsection (a), a child's death or near fatality
30 may have been the result of abuse, abandonment, or neglect if:
31 (1) an entity described in subsection (a) determines that the child's
32 death or near fatality is the result of abuse, abandonment, or
33 neglect; or
34 (2) a prosecuting attorney files:
35 (A) an indictment or information; or
36 (B) a complaint alleging the commission of a delinquent act;
37 that, if proven, would cause a reasonable person to believe that
38 the child's death or near fatality may have been the result of
39 abuse, abandonment, or neglect.
40 Upon the request of any person, or upon its own motion, the court
41 exercising juvenile jurisdiction in the county in which the child's death
42 or near fatality occurred shall determine whether the allegations
2024 IN 1230—LS 6756/DI 148 3
1 contained in the indictment, information, or complaint described in
2 subdivision (2), if proven, would cause a reasonable person to believe
3 that the child's death or near fatality may have been the result of abuse,
4 abandonment, or neglect.
5 (c) If the juvenile court finds that the child's death or near fatality
6 was the result of abuse, abandonment, or neglect, the court shall make
7 written findings and provide a copy of the findings and the indictment,
8 information, or complaint described under subsection (b)(2) to the
9 department.
10 (d) As used in this section:
11 (1) "case" means:
12 (A) any intake report or other documentation such as a referral
13 or other matter received or generated by the department;
14 (B) any investigation or assessment conducted by the
15 department; or
16 (C) ongoing involvement between the department and a child
17 or family that is the result of:
18 (i) a program of informal adjustment; or
19 (ii) a child in need of services action;
20 for which related records and documents have not been expunged
21 as required by law or by a court at the time the department is
22 notified of a fatality or near fatality;
23 (2) "contact" means in person communication about a case in
24 which:
25 (A) the child who is the victim of a fatality or near fatality is
26 alleged to be a victim; or
27 (B) the perpetrator of the fatality or near fatality is alleged to
28 be the perpetrator;
29 (3) "identifying information" means information that identifies an
30 individual, including an individual's:
31 (A) name, address, date of birth, occupation, place of
32 employment, and telephone number;
33 (B) employer identification number, mother's maiden name,
34 Social Security number, or any identification number issued by
35 a governmental entity;
36 (C) unique biometric data, including the individual's
37 fingerprint, voice print, or retina or iris image;
38 (D) unique electronic identification number, address, or
39 routing code;
40 (E) telecommunication identifying information; or
41 (F) telecommunication access device, including a card, a plate,
42 a code, an account number, a personal identification number,
2024 IN 1230—LS 6756/DI 148 4
1 an electronic serial number, a mobile identification number, or
2 another telecommunications service or device or means of
3 account access;
4 (4) "life threatening" means an injury or condition that is
5 categorized as "serious" or "critical" in patient hospital records;
6 and
7 (5) "near fatality" means a severe childhood injury or condition
8 that is certified by a physician as being life threatening.
9 (e) This subsection does not apply to records concerning a child
10 fatality or near fatality that the department is required to publish
11 under IC 31-33-18.5. Unless:
12 (1) a police investigation or criminal prosecution is ongoing; or
13 (2) information in a record is otherwise confidential under state
14 or federal law;
15 a record described in subsection (a) that has been redacted in
16 accordance with this section is not confidential and may be disclosed
17 to any person who requests the record. The person requesting the
18 record may be required to pay the reasonable expenses of copying the
19 record.
20 (f) When a person requests a record described in subsection (a), the
21 entity having control of the record shall immediately transmit a copy of
22 the record to the court exercising juvenile jurisdiction in the county in
23 which the death or near fatality of the child occurred. However, if the
24 court requests that the entity having control of a record transmit the
25 original record, the entity shall transmit the original record.
26 (g) Upon receipt of the record described in subsection (a), the court
27 shall, within thirty (30) days, redact the record to exclude:
28 (1) identifying information described in subsection (d)(3)(B)
29 through (d)(3)(F) of a person; and
30 (2) all identifying information of a child less than eighteen (18)
31 years of age.
32 (h) The court shall disclose the record redacted in accordance with
33 subsection (g) to any person who requests the record, if the person has
34 paid:
35 (1) to the entity having control of the record, the reasonable
36 expenses of copying under IC 5-14-3-8; and
37 (2) to the court, the reasonable expenses of copying the record.
38 (i) The data and information in a record disclosed under this section
39 must include the following:
40 (1) A summary of the report of abuse or neglect and a factual
41 description of the contents of the report.
42 (2) The age and gender of the child.
2024 IN 1230—LS 6756/DI 148 5
1 (3) The cause of the fatality or near fatality, if the cause has been
2 determined.
3 (4) Whether the department had any contact with the child or the
4 perpetrator before the fatality or near fatality, and, if the
5 department had contact, the following:
6 (A) The frequency of the contact with the child or the
7 perpetrator before the fatality or near fatality and the date on
8 which the last contact occurred before the fatality or near
9 fatality.
10 (B) A summary of the status of the child's case at the time of
11 the fatality or near fatality, including:
12 (i) whether the child's case was closed by the department
13 before the fatality or near fatality; and
14 (ii) if the child's case was closed as described under item (i),
15 the date of closure and the reasons that the case was closed.
16 (j) The court's determination under subsection (g) that certain
17 identifying information or other information is not relevant to
18 establishing the facts and circumstances leading to the death or near
19 fatality of a child is not admissible in a criminal proceeding or civil
20 action.
21 SECTION 4. IC 31-33-18-5, AS ADDED BY P.L.48-2012,
22 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2024]: Sec. 5. (a) Except as provided in IC 31-33-18.5, an
24 audio recording of a telephone call to the child abuse hotline is
25 confidential and may be released only upon court order.
26 (b) An audio recording of a report of child abuse or neglect that is
27 the subject of a complaint made to a prosecuting attorney under
28 IC 31-33-22-3 shall be released without a court order to the prosecuting
29 attorney upon written request of the prosecuting attorney.
30 SECTION 5. IC 31-33-18.5 IS ADDED TO THE INDIANA CODE
31 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2024]:
33 Chapter 18.5. Child Fatalities Public Transparency
34 Sec. 1. This chapter applies to the following:
35 (1) Reports made under this article (or IC 31-6-11 before its
36 repeal).
37 (2) Any other information obtained, reports written, or
38 photographs taken concerning the reports in the possession
39 of:
40 (A) the division of family resources;
41 (B) the local office;
42 (C) the department; or
2024 IN 1230—LS 6756/DI 148 6
1 (D) the department of child services ombudsman
2 established by IC 4-13-19-3.
3 Sec. 2. (a) Notwithstanding IC 31-33-18, the department shall
4 promptly provide information to the public regarding a case of
5 child abuse or neglect that has resulted in a child fatality or near
6 fatality.
7 (b) The department shall provide preliminary information as
8 follows:
9 (1) In the case of a child fatality, the department's disclosure
10 must include the following:
11 (A) The deceased child's name, age, and gender.
12 (B) The county or general location of the residence for the
13 child who has died.
14 (C) The fact that a child suffered a fatality as the result of
15 abuse or neglect.
16 (D) Following an arrest for the fatality, the name, age, and
17 general location of the alleged perpetrator's residence,
18 unless the disclosure would violate the privacy of a victim.
19 (E) Whether there have been reports or any current or
20 past cases of abuse or neglect involving the child or the
21 alleged perpetrator.
22 (F) Actions taken by the department in response to the
23 fatality.
24 (G) A detailed synopsis of earlier reports or cases of abuse
25 or neglect involving the child or the alleged perpetrator
26 and of the actions taken or determinations made by the
27 department in response to the earlier reports or cases.
28 (2) In the case of a child's near fatality, the department's
29 disclosure must include the following:
30 (A) The child's age and gender.
31 (B) The county or general location of the residence for the
32 child who has suffered a near fatality.
33 (C) The fact that a child suffered a near fatality as the
34 result of abuse or neglect.
35 (D) Following an arrest for the near fatality, the name, age,
36 and general location of the alleged perpetrator's residence,
37 unless the disclosure would violate the privacy of a victim.
38 (E) Whether there have been reports or any current or
39 past cases of abuse or neglect involving the child or the
40 alleged perpetrator.
41 (F) Actions taken by the department in response to the
42 near fatality.
2024 IN 1230—LS 6756/DI 148 7
1 (G) A detailed synopsis of earlier reports or cases of abuse
2 or neglect involving the child or the alleged perpetrator
3 and of the actions taken or determinations made by the
4 department in response to the earlier reports or cases.
5 (c) The department may, upon request, provide additional
6 information subject to the requirements of IC 5-14.
7 Sec. 3. Not later than ninety (90) days after the date on which
8 the department's report for a case involving a fatality or a near
9 fatality is completed, the department shall provide to the public a
10 summary report that includes the following:
11 (1) Any actions taken by the department in response to the
12 case, including changes in policies or practices that have been
13 made to address any issues raised in the review of the case.
14 (2) Information prescribed in section 4 or 5 of this chapter.
15 Sec. 4. If the summary report involves a child who was residing
16 in the child's home at the time of the child's fatality or near
17 fatality, the summary report must contain the following:
18 (1) Whether the department was providing services to the
19 child, a member of the child's family, or the alleged
20 perpetrator at the time of the child fatality or near fatality. If
21 services were provided, the date on which the last contact
22 occurred between the entity providing services and the person
23 receiving the services before the fatality or near fatality.
24 (2) Whether the child, a member of the child's family, or the
25 alleged perpetrator was the subject of a department report at
26 the time of the child fatality or near fatality.
27 (3) Whether there was an open child in need of services case
28 for the child or a member of the child's family at the time of
29 the child fatality or near fatality.
30 (4) All:
31 (A) involvement of:
32 (i) the child's parent, guardian, or custodian; and
33 (ii) the alleged perpetrator;
34 in a situation for which a department report, whether
35 substantiated or unsubstantiated, was made within the
36 preceding five (5) years of the child fatality or near
37 fatality; and
38 (B) services provided to the child or the child's family
39 within the preceding five (5) years of the child fatality or
40 near fatality.
41 (5) Any investigation by the department for a report
42 concerning the child, a member of the child's family, or the
2024 IN 1230—LS 6756/DI 148 8
1 alleged perpetrator since the child fatality or near fatality.
2 (6) Any services provided to:
3 (A) the child since the child's near fatality; or
4 (B) the child's family since the child fatality or near
5 fatality.
6 Sec. 5. If the summary report involves a child who was in an
7 out-of-home placement at the time of the child's fatality or near
8 fatality, the summary report must contain the following:
9 (1) The name of the licensee for the out-of-home placement.
10 (2) The licensing history of the out-of-home placement.
11 (3) A summary of all violations by the licensee.
12 (4) Any other actions by the licensee, or an employee of the
13 licensee, that constitute a substantial failure to protect and
14 promote the health, safety, and welfare of a child.
2024 IN 1230—LS 6756/DI 148