Introduced Version
HOUSE BILL No. 1404
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-33-8-26; IC 31-33; IC 31-34-1.
Synopsis: Parental support services. Provides that the governing body
of a school corporation shall adopt rules for establishing a safety plan
that provides steps for the school corporation to request assistance from
the department of child services (department) to ensure a student is
receiving appropriate intervention. Requires the department to initiate
an assessment for alleged child abuse or neglect if the report comes
from school personnel if certain conditions are met. Allows the
department to release unredacted reports to a school's designated
liaison in certain circumstances. Amends certain child in need of
services provisions to include bullying or abusive behavior for which
a child's parent fails to participate in disciplinary proceedings with the
child's school.
Effective: July 1, 2025.
DeVon
January 13, 2025, read first time and referred to Committee on Family, Children and
Human Affairs.
2025 IN 1404—LS 7645/DI 148 Introduced
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1404
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 20-33-8-26, AS ADDED BY P.L.1-2005,
2 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 26. (a) The governing body of a school
4 corporation may shall adopt rules that require a person having care of
5 a dependent student to participate in an action taken under this chapter
6 in connection with a student's behavior. The rules must include the
7 following:
8 (1) Procedures for giving actual notice to the person having care
9 of the dependent student.
10 (2) A description of the steps that the person must take to
11 participate in the school corporation's action.
12 (3) A description of the additional actions in connection with the
13 student's behavior that are justified in part or in full if the person
14 does not participate in the school corporation's action.
15 (4) A safety plan that provides steps for the school
16 corporation to take in seeking the department of child
17 services' assistance to ensure a student is receiving the
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1 appropriate interventions.
2 (b) A dependent student is a child in need of services under
3 IC 31-34-1-7 if, before the student child becomes eighteen (18) years
4 of age:
5 (1) the student's parent fails to participate in a disciplinary
6 proceeding in connection with the student's improper behavior,
7 including bullying or abusive behavior, as provided for by this
8 section, if the behavior of the student has been repeatedly
9 disruptive in the school; and
10 (2) the student needs care, treatment, or rehabilitation that the
11 child:
12 (A) is not receiving; and
13 (B) is unlikely to be provided or accepted without the coercive
14 intervention of the court.
15 SECTION 2. IC 31-33-8-1, AS AMENDED BY P.L.198-2019,
16 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2025]: Sec. 1. (a) The department shall initiate an
18 appropriately thorough child protection assessment of every report of
19 known or suspected child abuse or neglect the department receives,
20 whether in accordance with this article or otherwise.
21 (b) If a report of known or suspected child abuse or neglect is
22 received from a judge or prosecutor requesting the department to
23 initiate a child protection assessment, the department shall initiate an
24 assessment in accordance with this section.
25 (c) If a report of known or suspected child abuse or neglect is
26 received from:
27 (1) medical personnel;
28 (2) school personnel;
29 (3) a social worker;
30 (4) law enforcement officials or personnel;
31 (5) judiciary personnel; or
32 (6) prosecuting attorney personnel;
33 the department shall forward the report to the local office to determine
34 if the department will initiate an assessment in accordance with this
35 section.
36 (d) If the department believes that a child is in imminent danger of
37 serious bodily harm, the department shall initiate an onsite assessment
38 immediately, but not later than two (2) hours, after receiving the report.
39 (e) If the report alleges a child may be a victim of child abuse, the
40 assessment shall be initiated immediately, but not later than
41 twenty-four (24) hours after receipt of the report.
42 (f) If reports of child neglect are received, the assessment shall be
2025 IN 1404—LS 7645/DI 148 3
1 initiated within a reasonably prompt time, but not later than five (5)
2 days, with the primary consideration being the well-being of the child
3 who is the subject of the report.
4 (g) If the report alleges that a child lives with a parent, guardian, or
5 custodian who is married to or lives with a person who:
6 (1) has been convicted of:
7 (A) neglect of a dependent under IC 35-46-1-4; or
8 (B) a battery offense under IC 35-42-4; or
9 (2) is required to register as a sex or violent offender under
10 IC 11-8-8;
11 the department shall initiate an assessment within a reasonably prompt
12 time, but not later than five (5) days after the department receives the
13 report, with the primary consideration being the well-being of the child
14 who is the subject of the report.
15 (h) If the safety or well-being of a child appears to be endangered or
16 the facts otherwise warrant, the assessment shall be initiated regardless
17 of the time of day.
18 (i) If a report alleges abuse or neglect and involves a child care
19 ministry that is exempt from licensure under IC 12-17.2-6, the
20 department and the appropriate law enforcement agency shall jointly
21 conduct an investigation. The investigation shall be conducted under
22 the requirements of this section and section 2(b) of this chapter.
23 (j) If a report alleging child abuse or neglect is made by school
24 personnel, the department shall initiate an assessment within a
25 reasonably prompt time, but not later than five (5) days after the
26 department receives the report. The department may not screen
27 out a report under this subsection solely because the alleged:
28 (1) child abuse or neglect occurred at school; or
29 (2) perpetrator of the child abuse or neglect is another child.
30 SECTION 3. IC 31-33-18-2, AS AMENDED BY P.L.54-2024,
31 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2025]: Sec. 2. Except as otherwise prohibited by federal law,
33 the reports and other material described in section 1(a) of this chapter
34 and the unredacted reports and other material described in section 1(b)
35 of this chapter shall be made available only to the following:
36 (1) Persons authorized by this article.
37 (2) A legally mandated public or private child protective agency
38 investigating a report of child abuse or neglect or treating a child
39 or family that is the subject of a report or record.
40 (3) Any of the following who are investigating a report of a child
41 who may be a victim of child abuse or neglect:
42 (A) A police officer or other law enforcement agency.
2025 IN 1404—LS 7645/DI 148 4
1 (B) A prosecuting attorney.
2 (C) A coroner, in the case of the death of a child.
3 (4) A physician who has before the physician a child whom the
4 physician reasonably suspects may be a victim of child abuse or
5 neglect.
6 (5) An individual legally authorized to place a child in protective
7 custody if:
8 (A) the individual has before the individual a child whom the
9 individual reasonably suspects may be a victim of abuse or
10 neglect; and
11 (B) the individual requires the information in the report or
12 record to determine whether to place the child in protective
13 custody.
14 (6) An agency having the legal responsibility or authorization to
15 care for, treat, or supervise a child who is the subject of a report
16 or record or a parent, guardian, custodian, or other person who is
17 responsible for the child's welfare.
18 (7) An individual named in the report or record who is alleged to
19 be abused or neglected or, if the individual named in the report is
20 a child or is otherwise incompetent, the individual's guardian ad
21 litem or the individual's court appointed special advocate, or both.
22 (8) Each parent, guardian, custodian, or other person responsible
23 for the welfare of a child named in a report or record and an
24 attorney of the person described under this subdivision, with
25 protection for the identity of reporters and other appropriate
26 individuals.
27 (9) A court, for redaction of the record in accordance with section
28 1.5 of this chapter, or upon the court's finding that access to the
29 records may be necessary for determination of an issue before the
30 court. However, except for disclosure of a redacted record in
31 accordance with section 1.5 of this chapter, access is limited to in
32 camera inspection unless the court determines that public
33 disclosure of the information contained in the records is necessary
34 for the resolution of an issue then pending before the court.
35 (10) A grand jury upon the grand jury's determination that access
36 to the records is necessary in the conduct of the grand jury's
37 official business.
38 (11) An appropriate state or local official responsible for child
39 protection services or legislation carrying out the official's official
40 functions.
41 (12) The community child protection team appointed under
42 IC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request, to
2025 IN 1404—LS 7645/DI 148 5
1 enable the team to carry out the team's purpose under IC 31-33-3.
2 (13) A person about whom a report has been made, with
3 protection for the identity of:
4 (A) any person reporting known or suspected child abuse or
5 neglect; and
6 (B) any other person if the person or agency making the
7 information available finds that disclosure of the information
8 would be likely to endanger the life or safety of the person.
9 (14) An employee of the department, a caseworker, or a juvenile
10 probation officer conducting a criminal history check under
11 IC 31-26-5, IC 31-34, or IC 31-37 to determine the
12 appropriateness of an out-of-home placement for a:
13 (A) child at imminent risk of placement;
14 (B) child in need of services; or
15 (C) delinquent child.
16 The results of a criminal history check conducted under this
17 subdivision must be disclosed to a court determining the
18 placement of a child described in clauses (A) through (C).
19 (15) A local child fatality review team established under
20 IC 16-49-2.
21 (16) The statewide child fatality review committee established by
22 IC 16-49-4.
23 (17) The department.
24 (18) The division of family resources, if the investigation report:
25 (A) is classified as substantiated; and
26 (B) concerns:
27 (i) an applicant for a license to operate;
28 (ii) a person licensed to operate;
29 (iii) an employee of; or
30 (iv) a volunteer providing services at;
31 a child care center licensed under IC 12-17.2-4 or a child care
32 home licensed under IC 12-17.2-5.
33 (19) A citizen review panel established under IC 31-25-2-20.4.
34 (20) The department of child services ombudsman established by
35 IC 4-13-19-3.
36 (21) The secretary of education with protection for the identity of:
37 (A) any person reporting known or suspected child abuse or
38 neglect; and
39 (B) any other person if the person or agency making the
40 information available finds that disclosure of the information
41 would be likely to endanger the life or safety of the person.
42 (22) The state child fatality review coordinator employed by the
2025 IN 1404—LS 7645/DI 148 6
1 Indiana department of health under IC 16-49-5-1.
2 (23) A person who operates a child caring institution, group
3 home, or secure private facility if all the following apply:
4 (A) The child caring institution, group home, or secure private
5 facility is licensed under IC 31-27.
6 (B) The report or other materials concern:
7 (i) an employee of;
8 (ii) a volunteer providing services at; or
9 (iii) a child placed at;
10 the child caring institution, group home, or secure private
11 facility.
12 (C) The allegation in the report occurred at the child caring
13 institution, group home, or secure private facility.
14 (24) A person who operates a child placing agency if all the
15 following apply:
16 (A) The child placing agency is licensed under IC 31-27.
17 (B) The report or other materials concern:
18 (i) a child placed in a foster home licensed by the child
19 placing agency;
20 (ii) a person licensed by the child placing agency to operate
21 a foster family home;
22 (iii) an employee of the child placing agency or a foster
23 family home licensed by the child placing agency; or
24 (iv) a volunteer providing services at the child placing
25 agency or a foster family home licensed by the child placing
26 agency.
27 (C) The allegations in the report occurred in the foster family
28 home or in the course of employment or volunteering at the
29 child placing agency or foster family home.
30 (25) The National Center for Missing and Exploited Children.
31 (26) A local domestic violence fatality review team established
32 under IC 12-18-8, as determined by the department to be relevant
33 to the death or near fatality that the local domestic violence
34 fatality review team is reviewing.
35 (27) The statewide domestic violence fatality review committee
36 established under IC 12-18-9-3, as determined by the department
37 to be relevant to the death or near fatality that the statewide
38 domestic violence fatality review committee is reviewing.
39 (28) The statewide maternal mortality review committee
40 established under IC 16-50-1-3, as determined by the department
41 to be relevant to the case of maternal morbidity or maternal
42 mortality that the statewide maternal mortality review committee
2025 IN 1404—LS 7645/DI 148 7
1 is reviewing.
2 (29) A local fetal-infant mortality review team established under
3 IC 16-49-6, as determined by the department to be relevant to the
4 case of fetal or infant fatality that the local fetal-infant mortality
5 review team is reviewing.
6 (30) A suicide and overdose fatality review team established
7 under IC 16-49.5-2, as determined by the department to be
8 relevant to the case of a suicide or overdose fatality that the
9 suicide and overdose fatality review team is reviewing.
10 (31) The office of administrative law proceedings for a matter that
11 is the subject of an administrative proceeding before the office of
12 administrative law proceedings.
13 (32) A tribal representative, agency, or organization authorized by
14 the Indian child's tribe to care for, diagnose, treat, review,
15 evaluate, or monitor active efforts regarding an Indian child, and
16 the Indian child's parent, guardian, or custodian.
17 (33) The United States Department of State and foreign
18 governments to comply with federal law and treaties.
19 (34) A child advocacy center when the child advocacy center has
20 before it an investigation of child abuse or neglect in which it is
21 facilitating a forensic interview or facilitating a case discussion or
22 case review.
23 (35) A liaison designated by a school if the:
24 (A) school's personnel reported the alleged abuse or
25 neglect; and
26 (B) child is at risk of:
27 (i) harming themself;
28 (ii) harming a peer; or
29 (iii) being harmed by a peer;
30 while the child is attending the school.
31 SECTION 4. IC 31-34-1-6, AS AMENDED BY P.L.2-2005,
32 SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2025]: Sec. 6. A child is a child in need of services if before
34 the child becomes eighteen (18) years of age:
35 (1) the child substantially endangers the child's own health or the
36 health of another individual; and
37 (2) the child needs care, treatment, or rehabilitation that:
38 (A) the child is not receiving; and
39 (B) is unlikely to be provided or accepted without the coercive
40 intervention of the court.
41 For purposes of subdivision (1), endangering the health of another
42 individual includes peer-on-peer bullying or abusive behavior for
2025 IN 1404—LS 7645/DI 148 8
1 which a child's parent has failed to participate in disciplinary
2 proceedings with the child's school under IC 20-33-8-26.
3 SECTION 5. IC 31-34-1-7, AS AMENDED BY P.L.1-2005,
4 SECTION 203, IS AMENDED TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2025]: Sec. 7. A child is a child in need of
6 services if before the child becomes eighteen (18) years of age:
7 (1) the child's parent, guardian, or custodian fails to participate in
8 a disciplinary proceeding in connection with the student's
9 improper behavior, including bullying or abusive behaviors, as
10 provided for by IC 20-33-8-26, if the behavior of the student has
11 been repeatedly disruptive in the school; and
12 (2) the child needs care, treatment, or rehabilitation that:
13 (A) the child is not receiving; and
14 (B) is unlikely to be provided or accepted without the coercive
15 intervention of the court.
2025 IN 1404—LS 7645/DI 148