*HB1404.1*
February 13, 2025
HOUSE BILL No. 1404
_____
DIGEST OF HB 1404 (Updated February 12, 2025 10:08 am - DI 119)
Citations Affected: IC 20-33; IC 31-26; IC 31-33; IC 31-34.
Synopsis: Parental support services. Requires the governing body of
a school corporation to adopt rules 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 a preventative services
provider to immediately report to the department if: (1) an individual
to whom the preventative services provider is providing preventative
services is not substantively participating in the services; and (2) the
individual presents an immediate risk to the safety of a child. Requires
the department to initiate an assessment not later than five days after
receiving a report from school personnel regarding alleged child abuse
or neglect. Allows the department to release unredacted reports to a
school's designated liaison under certain circumstances. Adds bullying
or abusive behavior as a factor for finding a child to be a child in need
of services if other specified circumstances are met.
Effective: July 1, 2025.
DeVon, Goss-Reaves
January 13, 2025, read first time and referred to Committee on Family, Children and
Human Affairs.
February 13, 2025, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 126.3.
HB 1404—LS 7645/DI 148 February 13, 2025
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
HB 1404—LS 7645/DI 148 2
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 31-26-7 IS ADDED TO THE INDIANA CODE AS
16 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
17 1, 2025]:
18 Chapter 7. Preventative Services Providers
19 Sec. 1. As used in this chapter, "preventative services" means
20 services provided:
21 (1) to a family that includes a child who is not, but who is at
22 risk of becoming, the subject of a child in need of services
23 proceeding or delinquency proceeding; and
24 (2) for the purpose of preventing the child from becoming the
25 subject of a child in need of services proceeding or
26 delinquency proceeding.
27 Sec. 2. As used in this chapter, "preventative services provider"
28 means a person that provides preventative services under a
29 contract entered into with a third party, regardless of whether the
30 person provides the services as the primary contractor or as a
31 subcontractor.
32 Sec. 3. A preventative services provider shall immediately
33 report to the department the existence of circumstances in which:
34 (1) an individual to whom the preventative services provider
35 is providing preventative services is not substantively
36 participating in the preventative services; and
37 (2) the individual presents an immediate risk to the safety of
38 a child;
39 regardless of whether the department is a party to the contract
40 under which the preventative services provider is providing the
41 preventative services.
42 SECTION 3. IC 31-33-8-1, AS AMENDED BY P.L.198-2019,
HB 1404—LS 7645/DI 148 3
1 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2025]: Sec. 1. (a) The department shall initiate an
3 appropriately thorough child protection assessment of every report of
4 known or suspected child abuse or neglect the department receives,
5 whether in accordance with this article or otherwise.
6 (b) If a report of known or suspected child abuse or neglect is
7 received from a judge or prosecutor requesting the department to
8 initiate a child protection assessment, the department shall initiate an
9 assessment in accordance with this section.
10 (c) If a report of known or suspected child abuse or neglect is
11 received from:
12 (1) medical personnel;
13 (2) school personnel;
14 (3) a social worker;
15 (4) law enforcement officials or personnel;
16 (5) judiciary personnel; or
17 (6) prosecuting attorney personnel;
18 the department shall forward the report to the local office to determine
19 if the department will initiate an assessment in accordance with this
20 section.
21 (d) If the department believes that a child is in imminent danger of
22 serious bodily harm, the department shall initiate an onsite assessment
23 immediately, but not later than two (2) hours, after receiving the report.
24 (e) If the report alleges a child may be a victim of child abuse, the
25 assessment shall be initiated immediately, but not later than
26 twenty-four (24) hours after receipt of the report.
27 (f) If reports of child neglect are received, the assessment shall be
28 initiated within a reasonably prompt time, but not later than five (5)
29 days, with the primary consideration being the well-being of the child
30 who is the subject of the report.
31 (g) If the report alleges that a child lives with a parent, guardian, or
32 custodian who is married to or lives with a person who:
33 (1) has been convicted of:
34 (A) neglect of a dependent under IC 35-46-1-4; or
35 (B) a battery offense under IC 35-42-4; or
36 (2) is required to register as a sex or violent offender under
37 IC 11-8-8;
38 the department shall initiate an assessment within a reasonably prompt
39 time, but not later than five (5) days after the department receives the
40 report, with the primary consideration being the well-being of the child
41 who is the subject of the report.
42 (h) If the safety or well-being of a child appears to be endangered or
HB 1404—LS 7645/DI 148 4
1 the facts otherwise warrant, the assessment shall be initiated regardless
2 of the time of day.
3 (i) If a report alleges abuse or neglect and involves a child care
4 ministry that is exempt from licensure under IC 12-17.2-6, the
5 department and the appropriate law enforcement agency shall jointly
6 conduct an investigation. The investigation shall be conducted under
7 the requirements of this section and section 2(b) of this chapter.
8 (j) If a report alleging child abuse or neglect is made by school
9 personnel, the department shall initiate an assessment within a
10 reasonably prompt time, but not later than five (5) days after the
11 department receives the report. The department may not screen
12 out a report under this subsection solely because the alleged:
13 (1) child abuse or neglect occurred at school; or
14 (2) perpetrator of the child abuse or neglect is another child.
15 SECTION 4. IC 31-33-18-2, AS AMENDED BY P.L.54-2024,
16 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2025]: Sec. 2. Except as otherwise prohibited by federal law,
18 the reports and other material described in section 1(a) of this chapter
19 and the unredacted reports and other material described in section 1(b)
20 of this chapter shall be made available only to the following:
21 (1) Persons authorized by this article.
22 (2) A legally mandated public or private child protective agency
23 investigating a report of child abuse or neglect or treating a child
24 or family that is the subject of a report or record.
25 (3) Any of the following who are investigating a report of a child
26 who may be a victim of child abuse or neglect:
27 (A) A police officer or other law enforcement agency.
28 (B) A prosecuting attorney.
29 (C) A coroner, in the case of the death of a child.
30 (4) A physician who has before the physician a child whom the
31 physician reasonably suspects may be a victim of child abuse or
32 neglect.
33 (5) An individual legally authorized to place a child in protective
34 custody if:
35 (A) the individual has before the individual a child whom the
36 individual reasonably suspects may be a victim of abuse or
37 neglect; and
38 (B) the individual requires the information in the report or
39 record to determine whether to place the child in protective
40 custody.
41 (6) An agency having the legal responsibility or authorization to
42 care for, treat, or supervise a child who is the subject of a report
HB 1404—LS 7645/DI 148 5
1 or record or a parent, guardian, custodian, or other person who is
2 responsible for the child's welfare.
3 (7) An individual named in the report or record who is alleged to
4 be abused or neglected or, if the individual named in the report is
5 a child or is otherwise incompetent, the individual's guardian ad
6 litem or the individual's court appointed special advocate, or both.
7 (8) Each parent, guardian, custodian, or other person responsible
8 for the welfare of a child named in a report or record and an
9 attorney of the person described under this subdivision, with
10 protection for the identity of reporters and other appropriate
11 individuals.
12 (9) A court, for redaction of the record in accordance with section
13 1.5 of this chapter, or upon the court's finding that access to the
14 records may be necessary for determination of an issue before the
15 court. However, except for disclosure of a redacted record in
16 accordance with section 1.5 of this chapter, access is limited to in
17 camera inspection unless the court determines that public
18 disclosure of the information contained in the records is necessary
19 for the resolution of an issue then pending before the court.
20 (10) A grand jury upon the grand jury's determination that access
21 to the records is necessary in the conduct of the grand jury's
22 official business.
23 (11) An appropriate state or local official responsible for child
24 protection services or legislation carrying out the official's official
25 functions.
26 (12) The community child protection team appointed under
27 IC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request, to
28 enable the team to carry out the team's purpose under IC 31-33-3.
29 (13) A person about whom a report has been made, with
30 protection for the identity of:
31 (A) any person reporting known or suspected child abuse or
32 neglect; and
33 (B) any other person if the person or agency making the
34 information available finds that disclosure of the information
35 would be likely to endanger the life or safety of the person.
36 (14) An employee of the department, a caseworker, or a juvenile
37 probation officer conducting a criminal history check under
38 IC 31-26-5, IC 31-34, or IC 31-37 to determine the
39 appropriateness of an out-of-home placement for a:
40 (A) child at imminent risk of placement;
41 (B) child in need of services; or
42 (C) delinquent child.
HB 1404—LS 7645/DI 148 6
1 The results of a criminal history check conducted under this
2 subdivision must be disclosed to a court determining the
3 placement of a child described in clauses (A) through (C).
4 (15) A local child fatality review team established under
5 IC 16-49-2.
6 (16) The statewide child fatality review committee established by
7 IC 16-49-4.
8 (17) The department.
9 (18) The division of family resources, if the investigation report:
10 (A) is classified as substantiated; and
11 (B) concerns:
12 (i) an applicant for a license to operate;
13 (ii) a person licensed to operate;
14 (iii) an employee of; or
15 (iv) a volunteer providing services at;
16 a child care center licensed under IC 12-17.2-4 or a child care
17 home licensed under IC 12-17.2-5.
18 (19) A citizen review panel established under IC 31-25-2-20.4.
19 (20) The department of child services ombudsman established by
20 IC 4-13-19-3.
21 (21) The secretary of education with protection for the identity of:
22 (A) any person reporting known or suspected child abuse or
23 neglect; and
24 (B) any other person if the person or agency making the
25 information available finds that disclosure of the information
26 would be likely to endanger the life or safety of the person.
27 (22) The state child fatality review coordinator employed by the
28 Indiana department of health under IC 16-49-5-1.
29 (23) A person who operates a child caring institution, group
30 home, or secure private facility if all the following apply:
31 (A) The child caring institution, group home, or secure private
32 facility is licensed under IC 31-27.
33 (B) The report or other materials concern:
34 (i) an employee of;
35 (ii) a volunteer providing services at; or
36 (iii) a child placed at;
37 the child caring institution, group home, or secure private
38 facility.
39 (C) The allegation in the report occurred at the child caring
40 institution, group home, or secure private facility.
41 (24) A person who operates a child placing agency if all the
42 following apply:
HB 1404—LS 7645/DI 148 7
1 (A) The child placing agency is licensed under IC 31-27.
2 (B) The report or other materials concern:
3 (i) a child placed in a foster home licensed by the child
4 placing agency;
5 (ii) a person licensed by the child placing agency to operate
6 a foster family home;
7 (iii) an employee of the child placing agency or a foster
8 family home licensed by the child placing agency; or
9 (iv) a volunteer providing services at the child placing
10 agency or a foster family home licensed by the child placing
11 agency.
12 (C) The allegations in the report occurred in the foster family
13 home or in the course of employment or volunteering at the
14 child placing agency or foster family home.
15 (25) The National Center for Missing and Exploited Children.
16 (26) A local domestic violence fatality review team established
17 under IC 12-18-8, as determined by the department to be relevant
18 to the death or near fatality that the local domestic violence
19 fatality review team is reviewing.
20 (27) The statewide domestic violence fatality review committee
21 established under IC 12-18-9-3, as determined by the department
22 to be relevant to the death or near fatality that the statewide
23 domestic violence fatality review committee is reviewing.
24 (28) The statewide maternal mortality review committee
25 established under IC 16-50-1-3, as determined by the department
26 to be relevant to the case of maternal morbidity or maternal
27 mortality that the statewide maternal mortality review committee
28 is reviewing.
29 (29) A local fetal-infant mortality review team established under
30 IC 16-49-6, as determined by the department to be relevant to the
31 case of fetal or infant fatality that the local fetal-infant mortality
32 review team is reviewing.
33 (30) A suicide and overdose fatality review team established
34 under IC 16-49.5-2, as determined by the department to be
35 relevant to the case of a suicide or overdose fatality that the
36 suicide and overdose fatality review team is reviewing.
37 (31) The office of administrative law proceedings for a matter that
38 is the subject of an administrative proceeding before the office of
39 administrative law proceedings.
40 (32) A tribal representative, agency, or organization authorized by
41 the Indian child's tribe to care for, diagnose, treat, review,
42 evaluate, or monitor active efforts regarding an Indian child, and
HB 1404—LS 7645/DI 148 8
1 the Indian child's parent, guardian, or custodian.
2 (33) The United States Department of State and foreign
3 governments to comply with federal law and treaties.
4 (34) A child advocacy center when the child advocacy center has
5 before it an investigation of child abuse or neglect in which it is
6 facilitating a forensic interview or facilitating a case discussion or
7 case review.
8 (35) A liaison designated by a school if the:
9 (A) school's personnel reported the alleged abuse or
10 neglect; and
11 (B) child is at risk of:
12 (i) harming themself;
13 (ii) harming a peer; or
14 (iii) being harmed by a peer;
15 while the child is attending the school.
16 SECTION 5. IC 31-34-1-6, AS AMENDED BY P.L.2-2005,
17 SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2025]: Sec. 6. A child is a child in need of services if before
19 the child becomes eighteen (18) years of age:
20 (1) the child substantially endangers the child's own health or the
21 health of another individual; and
22 (2) the child needs care, treatment, or rehabilitation that:
23 (A) the child is not receiving; and
24 (B) is unlikely to be provided or accepted without the coercive
25 intervention of the court.
26 For purposes of subdivision (1), endangering the health of another
27 individual includes peer-on-peer bullying or abusive behavior for
28 which a child's parent has failed to obtain intervention services for
29 the child exhibiting bullying or abusive behavior or has failed to
30 participate in disciplinary proceedings with the child's school
31 under IC 20-33-8-26.
32 SECTION 6. IC 31-34-1-7, AS AMENDED BY P.L.1-2005,
33 SECTION 203, IS AMENDED TO READ AS FOLLOWS
34 [EFFECTIVE JULY 1, 2025]: Sec. 7. A child is a child in need of
35 services if before the child becomes eighteen (18) years of age:
36 (1) the child's parent, guardian, or custodian fails to participate in
37 a disciplinary proceeding in connection with the student's
38 improper behavior, including bullying or abusive behaviors, as
39 provided for by IC 20-33-8-26, if the behavior of the student has
40 been repeatedly disruptive in the school; and
41 (2) the child needs care, treatment, or rehabilitation that:
42 (A) the child is not receiving; and
HB 1404—LS 7645/DI 148 9
1 (B) is unlikely to be provided or accepted without the coercive
2 intervention of the court.
HB 1404—LS 7645/DI 148 10
COMMITTEE REPORT
Mr. Speaker: Your Committee on Family, Children and Human
Affairs, to which was referred House Bill 1404, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 2, between lines 14 and 15, begin a new paragraph and insert:
"SECTION 2. IC 31-26-7 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:
Chapter 7. Preventative Services Providers
Sec. 1. As used in this chapter, "preventative services" means
services provided:
(1) to a family that includes a child who is not, but who is at
risk of becoming, the subject of a child in need of services
proceeding or delinquency proceeding; and
(2) for the purpose of preventing the child from becoming the
subject of a child in need of services proceeding or
delinquency proceeding.
Sec. 2. As used in this chapter, "preventative services provider"
means a person that provides preventative services under a
contract entered into with a third party, regardless of whether the
person provides the services as the primary contractor or as a
subcontractor.
Sec. 3. A preventative services provider shall immediately
report to the department the existence of circumstances in which:
(1) an individual to whom the preventative services provider
is providing preventative services is not substantively
participating in the preventative services; and
(2) the individual presents an immediate risk to the safety of
a child;
regardless of whether the department is a party to the contract
under which the preventative services provider is providing the
preventative services.".
Page 8, line 1, after "parent" insert "has failed to obtain
intervention services for the child exhibiting bullying or abusive
behavior or".
and when so amended that said bill do pass.
HB 1404—LS 7645/DI 148 11
(Reference is to HB 1404 as introduced.)
DEVON
Committee Vote: yeas 7, nays 4.
HB 1404—LS 7645/DI 148