Indiana 2025 Regular Session

Indiana House Bill HB1404 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB1404.1~~
2		-	~~February 13, 2025~~
	1	+
	2	+	Introduced Version
3	3		HOUSE BILL No. 1404
4	4		_____
5		-	DIGEST OF HB 1404 (Updated February 12, 2025 10:08 am - DI 119)
6		-	Citations Affected: IC 20-33; IC 31-26; IC 31-33; IC 31-34.
7		-	Synopsis: Parental support services. Requires the governing body of
8		-	a school corporation to adopt rules establishing a safety plan that
9		-	provides steps for the school corporation to request assistance from the
10		-	department of child services (department) to ensure a student is
11		-	receiving appropriate intervention. Requires a preventative services
12		-	provider to immediately report to the department if: (1) an individual
13		-	to whom the preventative services provider is providing preventative
14		-	services is not substantively participating in the services; and (2) the
15		-	individual presents an immediate risk to the safety of a child. Requires
16		-	the department to initiate an assessment not later than five days after
17		-	receiving a report from school personnel regarding alleged child abuse
18		-	or neglect. Allows the department to release unredacted reports to a
19		-	school's designated liaison under certain circumstances. Adds bullying
20		-	or abusive behavior as a factor for finding a child to be a child in need
21		-	of services if other specified circumstances are met.
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 20-33-8-26; IC 31-33; IC 31-34-1.
	7	+	Synopsis: Parental support services. Provides that the governing body
	8	+	of a school corporation shall adopt rules for establishing a safety plan
	9	+	that provides steps for the school corporation to request assistance from
	10	+	the department of child services (department) to ensure a student is
	11	+	receiving appropriate intervention. Requires the department to initiate
	12	+	an assessment for alleged child abuse or neglect if the report comes
	13	+	from school personnel if certain conditions are met. Allows the
	14	+	department to release unredacted reports to a school's designated
	15	+	liaison in certain circumstances. Amends certain child in need of
	16	+	services provisions to include bullying or abusive behavior for which
	17	+	a child's parent fails to participate in disciplinary proceedings with the
	18	+	child's school.
22	19		Effective: July 1, 2025.
23		-	DeVon~~, Goss-Reaves~~
	20	+	DeVon
24	21		January 13, 2025, read first time and referred to Committee on Family, Children and
25	22		Human Affairs.
26		-	February 13, 2025, amended, reported — Do Pass. Referred to Committee on Ways and
27		-	Means pursuant to Rule 126.3.
28		-	HB 1404—LS 7645/DI 148 February 13, 2025
	23	+	2025 IN 1404—LS 7645/DI 148 Introduced
29	24		First Regular Session of the 124th General Assembly (2025)
30	25		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
31	26		Constitution) is being amended, the text of the existing provision will appear in this style type,
32	27		additions will appear in this style type, and deletions will appear in this style type.
33	28		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
34	29		provision adopted), the text of the new provision will appear in this style type. Also, the
35	30		word NEW will appear in that style type in the introductory clause of each SECTION that adds
36	31		a new provision to the Indiana Code or the Indiana Constitution.
37	32		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
38	33		between statutes enacted by the 2024 Regular Session of the General Assembly.
39	34		HOUSE BILL No. 1404
40	35		A BILL FOR AN ACT to amend the Indiana Code concerning
41	36		family law and juvenile law.
42	37		Be it enacted by the General Assembly of the State of Indiana:
43	38		1 SECTION 1. IC 20-33-8-26, AS ADDED BY P.L.1-2005,
44	39		2 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
45	40		3 JULY 1, 2025]: Sec. 26. (a) The governing body of a school
46	41		4 corporation may shall adopt rules that require a person having care of
47	42		5 a dependent student to participate in an action taken under this chapter
48	43		6 in connection with a student's behavior. The rules must include the
49	44		7 following:
50	45		8 (1) Procedures for giving actual notice to the person having care
51	46		9 of the dependent student.
52	47		10 (2) A description of the steps that the person must take to
53	48		11 participate in the school corporation's action.
54	49		12 (3) A description of the additional actions in connection with the
55	50		13 student's behavior that are justified in part or in full if the person
56	51		14 does not participate in the school corporation's action.
57	52		15 (4) A safety plan that provides steps for the school
58	53		16 corporation to take in seeking the department of child
59	54		17 services' assistance to ensure a student is receiving the
60		-	HB 1404—LS 7645/DI 148 2
	55	+	2025 IN 1404—LS 7645/DI 148 2
61	56		1 appropriate interventions.
62	57		2 (b) A dependent student is a child in need of services under
63	58		3 IC 31-34-1-7 if, before the student child becomes eighteen (18) years
64	59		4 of age:
65	60		5 (1) the student's parent fails to participate in a disciplinary
66	61		6 proceeding in connection with the student's improper behavior,
67	62		7 including bullying or abusive behavior, as provided for by this
68	63		8 section, if the behavior of the student has been repeatedly
69	64		9 disruptive in the school; and
70	65		10 (2) the student needs care, treatment, or rehabilitation that the
71	66		11 child:
72	67		12 (A) is not receiving; and
73	68		13 (B) is unlikely to be provided or accepted without the coercive
74	69		14 intervention of the court.
75		-	15 SECTION 2. IC 31-26-7 IS ADDED TO THE INDIANA CODE AS
76		-	16 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
77		-	17 1, 2025]:
78		-	18 Chapter 7. Preventative Services Providers
79		-	19 Sec. 1. As used in this chapter, "preventative services" means
80		-	20 services provided:
81		-	21 (1) to a family that includes a child who is not, but who is at
82		-	22 risk of becoming, the subject of a child in need of services
83		-	23 proceeding or delinquency proceeding; and
84		-	24 (2) for the purpose of preventing the child from becoming the
85		-	25 subject of a child in need of services proceeding or
86		-	26 delinquency proceeding.
87		-	27 Sec. 2. As used in this chapter, "preventative services provider"
88		-	28 means a person that provides preventative services under a
89		-	29 contract entered into with a third party, regardless of whether the
90		-	30 person provides the services as the primary contractor or as a
91		-	31 subcontractor.
92		-	32 Sec. 3. A preventative services provider shall immediately
93		-	33 report to the department the existence of circumstances in which:
94		-	34 (1) an individual to whom the preventative services provider
95		-	35 is providing preventative services is not substantively
96		-	36 participating in the preventative services; and
97		-	37 (2) the individual presents an immediate risk to the safety of
98		-	38 a child;
99		-	39 regardless of whether the department is a party to the contract
100		-	40 under which the preventative services provider is providing the
101		-	41 preventative services.
102		-	42 SECTION 3. IC 31-33-8-1, AS AMENDED BY P.L.198-2019,
103		-	HB 1404—LS 7645/DI 148 3
104		-	1 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
105		-	2 JULY 1, 2025]: Sec. 1. (a) The department shall initiate an
106		-	3 appropriately thorough child protection assessment of every report of
107		-	4 known or suspected child abuse or neglect the department receives,
108		-	5 whether in accordance with this article or otherwise.
109		-	6 (b) If a report of known or suspected child abuse or neglect is
110		-	7 received from a judge or prosecutor requesting the department to
111		-	8 initiate a child protection assessment, the department shall initiate an
112		-	9 assessment in accordance with this section.
113		-	10 (c) If a report of known or suspected child abuse or neglect is
114		-	11 received from:
115		-	12 (1) medical personnel;
116		-	13 (2) school personnel;
117		-	14 (3) a social worker;
118		-	15 (4) law enforcement officials or personnel;
119		-	16 (5) judiciary personnel; or
120		-	17 (6) prosecuting attorney personnel;
121		-	18 the department shall forward the report to the local office to determine
122		-	19 if the department will initiate an assessment in accordance with this
123		-	20 section.
124		-	21 (d) If the department believes that a child is in imminent danger of
125		-	22 serious bodily harm, the department shall initiate an onsite assessment
126		-	23 immediately, but not later than two (2) hours, after receiving the report.
127		-	24 (e) If the report alleges a child may be a victim of child abuse, the
128		-	25 assessment shall be initiated immediately, but not later than
129		-	26 twenty-four (24) hours after receipt of the report.
130		-	27 (f) If reports of child neglect are received, the assessment shall be
131		-	28 initiated within a reasonably prompt time, but not later than five (5)
132		-	29 days, with the primary consideration being the well-being of the child
133		-	30 who is the subject of the report.
134		-	31 (g) If the report alleges that a child lives with a parent, guardian, or
135		-	32 custodian who is married to or lives with a person who:
136		-	33 (1) has been convicted of:
137		-	34 (A) neglect of a dependent under IC 35-46-1-4; or
138		-	35 (B) a battery offense under IC 35-42-4; or
139		-	36 (2) is required to register as a sex or violent offender under
140		-	37 IC 11-8-8;
141		-	38 the department shall initiate an assessment within a reasonably prompt
142		-	39 time, but not later than five (5) days after the department receives the
143		-	40 report, with the primary consideration being the well-being of the child
144		-	41 who is the subject of the report.
145		-	42 (h) If the safety or well-being of a child appears to be endangered or
146		-	HB 1404—LS 7645/DI 148 4
147		-	1 the facts otherwise warrant, the assessment shall be initiated regardless
148		-	2 of the time of day.
149		-	3 (i) If a report alleges abuse or neglect and involves a child care
150		-	4 ministry that is exempt from licensure under IC 12-17.2-6, the
151		-	5 department and the appropriate law enforcement agency shall jointly
152		-	6 conduct an investigation. The investigation shall be conducted under
153		-	7 the requirements of this section and section 2(b) of this chapter.
154		-	8 (j) If a report alleging child abuse or neglect is made by school
155		-	9 personnel, the department shall initiate an assessment within a
156		-	10 reasonably prompt time, but not later than five (5) days after the
157		-	11 department receives the report. The department may not screen
158		-	12 out a report under this subsection solely because the alleged:
159		-	13 (1) child abuse or neglect occurred at school; or
160		-	14 (2) perpetrator of the child abuse or neglect is another child.
161		-	15 SECTION 4. IC 31-33-18-2, AS AMENDED BY P.L.54-2024,
162		-	16 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
163		-	17 JULY 1, 2025]: Sec. 2. Except as otherwise prohibited by federal law,
164		-	18 the reports and other material described in section 1(a) of this chapter
165		-	19 and the unredacted reports and other material described in section 1(b)
166		-	20 of this chapter shall be made available only to the following:
167		-	21 (1) Persons authorized by this article.
168		-	22 (2) A legally mandated public or private child protective agency
169		-	23 investigating a report of child abuse or neglect or treating a child
170		-	24 or family that is the subject of a report or record.
171		-	25 (3) Any of the following who are investigating a report of a child
172		-	26 who may be a victim of child abuse or neglect:
173		-	27 (A) A police officer or other law enforcement agency.
174		-	28 (B) A prosecuting attorney.
175		-	29 (C) A coroner, in the case of the death of a child.
176		-	30 (4) A physician who has before the physician a child whom the
177		-	31 physician reasonably suspects may be a victim of child abuse or
178		-	32 neglect.
179		-	33 (5) An individual legally authorized to place a child in protective
180		-	34 custody if:
181		-	35 (A) the individual has before the individual a child whom the
182		-	36 individual reasonably suspects may be a victim of abuse or
183		-	37 neglect; and
184		-	38 (B) the individual requires the information in the report or
185		-	39 record to determine whether to place the child in protective
186		-	40 custody.
187		-	41 (6) An agency having the legal responsibility or authorization to
188		-	42 care for, treat, or supervise a child who is the subject of a report
189		-	HB 1404—LS 7645/DI 148 5
190		-	1 or record or a parent, guardian, custodian, or other person who is
191		-	2 responsible for the child's welfare.
192		-	3 (7) An individual named in the report or record who is alleged to
193		-	4 be abused or neglected or, if the individual named in the report is
194		-	5 a child or is otherwise incompetent, the individual's guardian ad
195		-	6 litem or the individual's court appointed special advocate, or both.
196		-	7 (8) Each parent, guardian, custodian, or other person responsible
197		-	8 for the welfare of a child named in a report or record and an
198		-	9 attorney of the person described under this subdivision, with
199		-	10 protection for the identity of reporters and other appropriate
200		-	11 individuals.
201		-	12 (9) A court, for redaction of the record in accordance with section
202		-	13 1.5 of this chapter, or upon the court's finding that access to the
203		-	14 records may be necessary for determination of an issue before the
204		-	15 court. However, except for disclosure of a redacted record in
205		-	16 accordance with section 1.5 of this chapter, access is limited to in
206		-	17 camera inspection unless the court determines that public
207		-	18 disclosure of the information contained in the records is necessary
208		-	19 for the resolution of an issue then pending before the court.
209		-	20 (10) A grand jury upon the grand jury's determination that access
210		-	21 to the records is necessary in the conduct of the grand jury's
211		-	22 official business.
212		-	23 (11) An appropriate state or local official responsible for child
213		-	24 protection services or legislation carrying out the official's official
214		-	25 functions.
215		-	26 (12) The community child protection team appointed under
216		-	27 IC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request, to
217		-	28 enable the team to carry out the team's purpose under IC 31-33-3.
218		-	29 (13) A person about whom a report has been made, with
219		-	30 protection for the identity of:
220		-	31 (A) any person reporting known or suspected child abuse or
221		-	32 neglect; and
222		-	33 (B) any other person if the person or agency making the
223		-	34 information available finds that disclosure of the information
224		-	35 would be likely to endanger the life or safety of the person.
225		-	36 (14) An employee of the department, a caseworker, or a juvenile
226		-	37 probation officer conducting a criminal history check under
227		-	38 IC 31-26-5, IC 31-34, or IC 31-37 to determine the
228		-	39 appropriateness of an out-of-home placement for a:
229		-	40 (A) child at imminent risk of placement;
230		-	41 (B) child in need of services; or
231		-	42 (C) delinquent child.
232		-	HB 1404—LS 7645/DI 148 6
233		-	1 The results of a criminal history check conducted under this
234		-	2 subdivision must be disclosed to a court determining the
235		-	3 placement of a child described in clauses (A) through (C).
236		-	4 (15) A local child fatality review team established under
237		-	5 IC 16-49-2.
238		-	6 (16) The statewide child fatality review committee established by
239		-	7 IC 16-49-4.
240		-	8 (17) The department.
241		-	9 (18) The division of family resources, if the investigation report:
242		-	10 (A) is classified as substantiated; and
243		-	11 (B) concerns:
244		-	12 (i) an applicant for a license to operate;
245		-	13 (ii) a person licensed to operate;
246		-	14 (iii) an employee of; or
247		-	15 (iv) a volunteer providing services at;
248		-	16 a child care center licensed under IC 12-17.2-4 or a child care
249		-	17 home licensed under IC 12-17.2-5.
250		-	18 (19) A citizen review panel established under IC 31-25-2-20.4.
251		-	19 (20) The department of child services ombudsman established by
252		-	20 IC 4-13-19-3.
253		-	21 (21) The secretary of education with protection for the identity of:
254		-	22 (A) any person reporting known or suspected child abuse or
255		-	23 neglect; and
256		-	24 (B) any other person if the person or agency making the
257		-	25 information available finds that disclosure of the information
258		-	26 would be likely to endanger the life or safety of the person.
259		-	27 (22) The state child fatality review coordinator employed by the
260		-	28 Indiana department of health under IC 16-49-5-1.
261		-	29 (23) A person who operates a child caring institution, group
262		-	30 home, or secure private facility if all the following apply:
263		-	31 (A) The child caring institution, group home, or secure private
264		-	32 facility is licensed under IC 31-27.
265		-	33 (B) The report or other materials concern:
266		-	34 (i) an employee of;
267		-	35 (ii) a volunteer providing services at; or
268		-	36 (iii) a child placed at;
269		-	37 the child caring institution, group home, or secure private
270		-	38 facility.
271		-	39 (C) The allegation in the report occurred at the child caring
272		-	40 institution, group home, or secure private facility.
273		-	41 (24) A person who operates a child placing agency if all the
274		-	42 following apply:
275		-	HB 1404—LS 7645/DI 148 7
276		-	1 (A) The child placing agency is licensed under IC 31-27.
277		-	2 (B) The report or other materials concern:
278		-	3 (i) a child placed in a foster home licensed by the child
279		-	4 placing agency;
280		-	5 (ii) a person licensed by the child placing agency to operate
281		-	6 a foster family home;
282		-	7 (iii) an employee of the child placing agency or a foster
283		-	8 family home licensed by the child placing agency; or
284		-	9 (iv) a volunteer providing services at the child placing
285		-	10 agency or a foster family home licensed by the child placing
286		-	11 agency.
287		-	12 (C) The allegations in the report occurred in the foster family
288		-	13 home or in the course of employment or volunteering at the
289		-	14 child placing agency or foster family home.
290		-	15 (25) The National Center for Missing and Exploited Children.
291		-	16 (26) A local domestic violence fatality review team established
292		-	17 under IC 12-18-8, as determined by the department to be relevant
293		-	18 to the death or near fatality that the local domestic violence
294		-	19 fatality review team is reviewing.
295		-	20 (27) The statewide domestic violence fatality review committee
296		-	21 established under IC 12-18-9-3, as determined by the department
297		-	22 to be relevant to the death or near fatality that the statewide
298		-	23 domestic violence fatality review committee is reviewing.
299		-	24 (28) The statewide maternal mortality review committee
300		-	25 established under IC 16-50-1-3, as determined by the department
301		-	26 to be relevant to the case of maternal morbidity or maternal
302		-	27 mortality that the statewide maternal mortality review committee
303		-	28 is reviewing.
304		-	29 (29) A local fetal-infant mortality review team established under
305		-	30 IC 16-49-6, as determined by the department to be relevant to the
306		-	31 case of fetal or infant fatality that the local fetal-infant mortality
307		-	32 review team is reviewing.
308		-	33 (30) A suicide and overdose fatality review team established
309		-	34 under IC 16-49.5-2, as determined by the department to be
310		-	35 relevant to the case of a suicide or overdose fatality that the
311		-	36 suicide and overdose fatality review team is reviewing.
312		-	37 (31) The office of administrative law proceedings for a matter that
313		-	38 is the subject of an administrative proceeding before the office of
314		-	39 administrative law proceedings.
315		-	40 (32) A tribal representative, agency, or organization authorized by
316		-	41 the Indian child's tribe to care for, diagnose, treat, review,
317		-	42 evaluate, or monitor active efforts regarding an Indian child, and
318		-	HB 1404—LS 7645/DI 148 8
319		-	1 the Indian child's parent, guardian, or custodian.
320		-	2 (33) The United States Department of State and foreign
321		-	3 governments to comply with federal law and treaties.
322		-	4 (34) A child advocacy center when the child advocacy center has
323		-	5 before it an investigation of child abuse or neglect in which it is
324		-	6 facilitating a forensic interview or facilitating a case discussion or
325		-	7 case review.
326		-	8 (35) A liaison designated by a school if the:
327		-	9 (A) school's personnel reported the alleged abuse or
	70	+	15 SECTION 2. IC 31-33-8-1, AS AMENDED BY P.L.198-2019,
	71	+	16 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	72	+	17 JULY 1, 2025]: Sec. 1. (a) The department shall initiate an
	73	+	18 appropriately thorough child protection assessment of every report of
	74	+	19 known or suspected child abuse or neglect the department receives,
	75	+	20 whether in accordance with this article or otherwise.
	76	+	21 (b) If a report of known or suspected child abuse or neglect is
	77	+	22 received from a judge or prosecutor requesting the department to
	78	+	23 initiate a child protection assessment, the department shall initiate an
	79	+	24 assessment in accordance with this section.
	80	+	25 (c) If a report of known or suspected child abuse or neglect is
	81	+	26 received from:
	82	+	27 (1) medical personnel;
	83	+	28 (2) school personnel;
	84	+	29 (3) a social worker;
	85	+	30 (4) law enforcement officials or personnel;
	86	+	31 (5) judiciary personnel; or
	87	+	32 (6) prosecuting attorney personnel;
	88	+	33 the department shall forward the report to the local office to determine
	89	+	34 if the department will initiate an assessment in accordance with this
	90	+	35 section.
	91	+	36 (d) If the department believes that a child is in imminent danger of
	92	+	37 serious bodily harm, the department shall initiate an onsite assessment
	93	+	38 immediately, but not later than two (2) hours, after receiving the report.
	94	+	39 (e) If the report alleges a child may be a victim of child abuse, the
	95	+	40 assessment shall be initiated immediately, but not later than
	96	+	41 twenty-four (24) hours after receipt of the report.
	97	+	42 (f) If reports of child neglect are received, the assessment shall be
	98	+	2025 IN 1404—LS 7645/DI 148 3
	99	+	1 initiated within a reasonably prompt time, but not later than five (5)
	100	+	2 days, with the primary consideration being the well-being of the child
	101	+	3 who is the subject of the report.
	102	+	4 (g) If the report alleges that a child lives with a parent, guardian, or
	103	+	5 custodian who is married to or lives with a person who:
	104	+	6 (1) has been convicted of:
	105	+	7 (A) neglect of a dependent under IC 35-46-1-4; or
	106	+	8 (B) a battery offense under IC 35-42-4; or
	107	+	9 (2) is required to register as a sex or violent offender under
	108	+	10 IC 11-8-8;
	109	+	11 the department shall initiate an assessment within a reasonably prompt
	110	+	12 time, but not later than five (5) days after the department receives the
	111	+	13 report, with the primary consideration being the well-being of the child
	112	+	14 who is the subject of the report.
	113	+	15 (h) If the safety or well-being of a child appears to be endangered or
	114	+	16 the facts otherwise warrant, the assessment shall be initiated regardless
	115	+	17 of the time of day.
	116	+	18 (i) If a report alleges abuse or neglect and involves a child care
	117	+	19 ministry that is exempt from licensure under IC 12-17.2-6, the
	118	+	20 department and the appropriate law enforcement agency shall jointly
	119	+	21 conduct an investigation. The investigation shall be conducted under
	120	+	22 the requirements of this section and section 2(b) of this chapter.
	121	+	23 (j) If a report alleging child abuse or neglect is made by school
	122	+	24 personnel, the department shall initiate an assessment within a
	123	+	25 reasonably prompt time, but not later than five (5) days after the
	124	+	26 department receives the report. The department may not screen
	125	+	27 out a report under this subsection solely because the alleged:
	126	+	28 (1) child abuse or neglect occurred at school; or
	127	+	29 (2) perpetrator of the child abuse or neglect is another child.
	128	+	30 SECTION 3. IC 31-33-18-2, AS AMENDED BY P.L.54-2024,
	129	+	31 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	130	+	32 JULY 1, 2025]: Sec. 2. Except as otherwise prohibited by federal law,
	131	+	33 the reports and other material described in section 1(a) of this chapter
	132	+	34 and the unredacted reports and other material described in section 1(b)
	133	+	35 of this chapter shall be made available only to the following:
	134	+	36 (1) Persons authorized by this article.
	135	+	37 (2) A legally mandated public or private child protective agency
	136	+	38 investigating a report of child abuse or neglect or treating a child
	137	+	39 or family that is the subject of a report or record.
	138	+	40 (3) Any of the following who are investigating a report of a child
	139	+	41 who may be a victim of child abuse or neglect:
	140	+	42 (A) A police officer or other law enforcement agency.
	141	+	2025 IN 1404—LS 7645/DI 148 4
	142	+	1 (B) A prosecuting attorney.
	143	+	2 (C) A coroner, in the case of the death of a child.
	144	+	3 (4) A physician who has before the physician a child whom the
	145	+	4 physician reasonably suspects may be a victim of child abuse or
	146	+	5 neglect.
	147	+	6 (5) An individual legally authorized to place a child in protective
	148	+	7 custody if:
	149	+	8 (A) the individual has before the individual a child whom the
	150	+	9 individual reasonably suspects may be a victim of abuse or
328	151		10 neglect; and
329		-	11 (B) child is at risk of:
330		-	12 (i) harming themself;
331		-	13 (ii) harming a peer; or
332		-	14 (iii) being harmed by a peer;
333		-	15 while the child is attending the school.
334		-	16 SECTION 5. IC 31-34-1-6, AS AMENDED BY P.L.2-2005,
335		-	17 SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
336		-	18 JULY 1, 2025]: Sec. 6. A child is a child in need of services if before
337		-	19 the child becomes eighteen (18) years of age:
338		-	20 (1) the child substantially endangers the child's own health or the
339		-	21 health of another individual; and
340		-	22 (2) the child needs care, treatment, or rehabilitation that:
341		-	23 (A) the child is not receiving; and
342		-	24 (B) is unlikely to be provided or accepted without the coercive
343		-	25 intervention of the court.
344		-	26 For purposes of subdivision (1), endangering the health of another
345		-	27 individual includes peer-on-peer bullying or abusive behavior for
346		-	28 which a child's parent has failed to obtain intervention services for
347		-	29 the child exhibiting bullying or abusive behavior or has failed to
348		-	30 participate in disciplinary proceedings with the child's school
349		-	31 under IC 20-33-8-26.
350		-	32 SECTION 6. IC 31-34-1-7, AS AMENDED BY P.L.1-2005,
351		-	33 SECTION 203, IS AMENDED TO READ AS FOLLOWS
352		-	34 [EFFECTIVE JULY 1, 2025]: Sec. 7. A child is a child in need of
353		-	35 services if before the child becomes eighteen (18) years of age:
354		-	36 (1) the child's parent, guardian, or custodian fails to participate in
355		-	37 a disciplinary proceeding in connection with the student's
356		-	38 improper behavior, including bullying or abusive behaviors, as
357		-	39 provided for by IC 20-33-8-26, if the behavior of the student has
358		-	40 been repeatedly disruptive in the school; and
359		-	41 (2) the child needs care, treatment, or rehabilitation that:
360		-	42 (A) the child is not receiving; and
361		-	HB 1404—LS 7645/DI 148 9
362		-	1 (B) is unlikely to be provided or accepted without the coercive
363		-	2 intervention of the court.
364		-	HB 1404—LS 7645/DI 148 10
365		-	COMMITTEE REPORT
366		-	Mr. Speaker: Your Committee on Family, Children and Human
367		-	Affairs, to which was referred House Bill 1404, has had the same under
368		-	consideration and begs leave to report the same back to the House with
369		-	the recommendation that said bill be amended as follows:
370		-	Page 2, between lines 14 and 15, begin a new paragraph and insert:
371		-	"SECTION 2. IC 31-26-7 IS ADDED TO THE INDIANA CODE
372		-	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
373		-	JULY 1, 2025]:
374		-	Chapter 7. Preventative Services Providers
375		-	Sec. 1. As used in this chapter, "preventative services" means
376		-	services provided:
377		-	(1) to a family that includes a child who is not, but who is at
378		-	risk of becoming, the subject of a child in need of services
379		-	proceeding or delinquency proceeding; and
380		-	(2) for the purpose of preventing the child from becoming the
381		-	subject of a child in need of services proceeding or
382		-	delinquency proceeding.
383		-	Sec. 2. As used in this chapter, "preventative services provider"
384		-	means a person that provides preventative services under a
385		-	contract entered into with a third party, regardless of whether the
386		-	person provides the services as the primary contractor or as a
387		-	subcontractor.
388		-	Sec. 3. A preventative services provider shall immediately
389		-	report to the department the existence of circumstances in which:
390		-	(1) an individual to whom the preventative services provider
391		-	is providing preventative services is not substantively
392		-	participating in the preventative services; and
393		-	(2) the individual presents an immediate risk to the safety of
394		-	a child;
395		-	regardless of whether the department is a party to the contract
396		-	under which the preventative services provider is providing the
397		-	preventative services.".
398		-	Page 8, line 1, after "parent" insert "has failed to obtain
399		-	intervention services for the child exhibiting bullying or abusive
400		-	behavior or".
401		-	and when so amended that said bill do pass.
402		-	HB 1404—LS 7645/DI 148 11
403		-	(Reference is to HB 1404 as introduced.)
404		-	DEVON
405		-	Committee Vote: yeas 7, nays 4.
406		-	HB 1404—LS 7645/DI 148
	152	+	11 (B) the individual requires the information in the report or
	153	+	12 record to determine whether to place the child in protective
	154	+	13 custody.
	155	+	14 (6) An agency having the legal responsibility or authorization to
	156	+	15 care for, treat, or supervise a child who is the subject of a report
	157	+	16 or record or a parent, guardian, custodian, or other person who is
	158	+	17 responsible for the child's welfare.
	159	+	18 (7) An individual named in the report or record who is alleged to
	160	+	19 be abused or neglected or, if the individual named in the report is
	161	+	20 a child or is otherwise incompetent, the individual's guardian ad
	162	+	21 litem or the individual's court appointed special advocate, or both.
	163	+	22 (8) Each parent, guardian, custodian, or other person responsible
	164	+	23 for the welfare of a child named in a report or record and an
	165	+	24 attorney of the person described under this subdivision, with
	166	+	25 protection for the identity of reporters and other appropriate
	167	+	26 individuals.
	168	+	27 (9) A court, for redaction of the record in accordance with section
	169	+	28 1.5 of this chapter, or upon the court's finding that access to the
	170	+	29 records may be necessary for determination of an issue before the
	171	+	30 court. However, except for disclosure of a redacted record in
	172	+	31 accordance with section 1.5 of this chapter, access is limited to in
	173	+	32 camera inspection unless the court determines that public
	174	+	33 disclosure of the information contained in the records is necessary
	175	+	34 for the resolution of an issue then pending before the court.
	176	+	35 (10) A grand jury upon the grand jury's determination that access
	177	+	36 to the records is necessary in the conduct of the grand jury's
	178	+	37 official business.
	179	+	38 (11) An appropriate state or local official responsible for child
	180	+	39 protection services or legislation carrying out the official's official
	181	+	40 functions.
	182	+	41 (12) The community child protection team appointed under
	183	+	42 IC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request, to
	184	+	2025 IN 1404—LS 7645/DI 148 5
	185	+	1 enable the team to carry out the team's purpose under IC 31-33-3.
	186	+	2 (13) A person about whom a report has been made, with
	187	+	3 protection for the identity of:
	188	+	4 (A) any person reporting known or suspected child abuse or
	189	+	5 neglect; and
	190	+	6 (B) any other person if the person or agency making the
	191	+	7 information available finds that disclosure of the information
	192	+	8 would be likely to endanger the life or safety of the person.
	193	+	9 (14) An employee of the department, a caseworker, or a juvenile
	194	+	10 probation officer conducting a criminal history check under
	195	+	11 IC 31-26-5, IC 31-34, or IC 31-37 to determine the
	196	+	12 appropriateness of an out-of-home placement for a:
	197	+	13 (A) child at imminent risk of placement;
	198	+	14 (B) child in need of services; or
	199	+	15 (C) delinquent child.
	200	+	16 The results of a criminal history check conducted under this
	201	+	17 subdivision must be disclosed to a court determining the
	202	+	18 placement of a child described in clauses (A) through (C).
	203	+	19 (15) A local child fatality review team established under
	204	+	20 IC 16-49-2.
	205	+	21 (16) The statewide child fatality review committee established by
	206	+	22 IC 16-49-4.
	207	+	23 (17) The department.
	208	+	24 (18) The division of family resources, if the investigation report:
	209	+	25 (A) is classified as substantiated; and
	210	+	26 (B) concerns:
	211	+	27 (i) an applicant for a license to operate;
	212	+	28 (ii) a person licensed to operate;
	213	+	29 (iii) an employee of; or
	214	+	30 (iv) a volunteer providing services at;
	215	+	31 a child care center licensed under IC 12-17.2-4 or a child care
	216	+	32 home licensed under IC 12-17.2-5.
	217	+	33 (19) A citizen review panel established under IC 31-25-2-20.4.
	218	+	34 (20) The department of child services ombudsman established by
	219	+	35 IC 4-13-19-3.
	220	+	36 (21) The secretary of education with protection for the identity of:
	221	+	37 (A) any person reporting known or suspected child abuse or
	222	+	38 neglect; and
	223	+	39 (B) any other person if the person or agency making the
	224	+	40 information available finds that disclosure of the information
	225	+	41 would be likely to endanger the life or safety of the person.
	226	+	42 (22) The state child fatality review coordinator employed by the
	227	+	2025 IN 1404—LS 7645/DI 148 6
	228	+	1 Indiana department of health under IC 16-49-5-1.
	229	+	2 (23) A person who operates a child caring institution, group
	230	+	3 home, or secure private facility if all the following apply:
	231	+	4 (A) The child caring institution, group home, or secure private
	232	+	5 facility is licensed under IC 31-27.
	233	+	6 (B) The report or other materials concern:
	234	+	7 (i) an employee of;
	235	+	8 (ii) a volunteer providing services at; or
	236	+	9 (iii) a child placed at;
	237	+	10 the child caring institution, group home, or secure private
	238	+	11 facility.
	239	+	12 (C) The allegation in the report occurred at the child caring
	240	+	13 institution, group home, or secure private facility.
	241	+	14 (24) A person who operates a child placing agency if all the
	242	+	15 following apply:
	243	+	16 (A) The child placing agency is licensed under IC 31-27.
	244	+	17 (B) The report or other materials concern:
	245	+	18 (i) a child placed in a foster home licensed by the child
	246	+	19 placing agency;
	247	+	20 (ii) a person licensed by the child placing agency to operate
	248	+	21 a foster family home;
	249	+	22 (iii) an employee of the child placing agency or a foster
	250	+	23 family home licensed by the child placing agency; or
	251	+	24 (iv) a volunteer providing services at the child placing
	252	+	25 agency or a foster family home licensed by the child placing
	253	+	26 agency.
	254	+	27 (C) The allegations in the report occurred in the foster family
	255	+	28 home or in the course of employment or volunteering at the
	256	+	29 child placing agency or foster family home.
	257	+	30 (25) The National Center for Missing and Exploited Children.
	258	+	31 (26) A local domestic violence fatality review team established
	259	+	32 under IC 12-18-8, as determined by the department to be relevant
	260	+	33 to the death or near fatality that the local domestic violence
	261	+	34 fatality review team is reviewing.
	262	+	35 (27) The statewide domestic violence fatality review committee
	263	+	36 established under IC 12-18-9-3, as determined by the department
	264	+	37 to be relevant to the death or near fatality that the statewide
	265	+	38 domestic violence fatality review committee is reviewing.
	266	+	39 (28) The statewide maternal mortality review committee
	267	+	40 established under IC 16-50-1-3, as determined by the department
	268	+	41 to be relevant to the case of maternal morbidity or maternal
	269	+	42 mortality that the statewide maternal mortality review committee
	270	+	2025 IN 1404—LS 7645/DI 148 7
	271	+	1 is reviewing.
	272	+	2 (29) A local fetal-infant mortality review team established under
	273	+	3 IC 16-49-6, as determined by the department to be relevant to the
	274	+	4 case of fetal or infant fatality that the local fetal-infant mortality
	275	+	5 review team is reviewing.
	276	+	6 (30) A suicide and overdose fatality review team established
	277	+	7 under IC 16-49.5-2, as determined by the department to be
	278	+	8 relevant to the case of a suicide or overdose fatality that the
	279	+	9 suicide and overdose fatality review team is reviewing.
	280	+	10 (31) The office of administrative law proceedings for a matter that
	281	+	11 is the subject of an administrative proceeding before the office of
	282	+	12 administrative law proceedings.
	283	+	13 (32) A tribal representative, agency, or organization authorized by
	284	+	14 the Indian child's tribe to care for, diagnose, treat, review,
	285	+	15 evaluate, or monitor active efforts regarding an Indian child, and
	286	+	16 the Indian child's parent, guardian, or custodian.
	287	+	17 (33) The United States Department of State and foreign
	288	+	18 governments to comply with federal law and treaties.
	289	+	19 (34) A child advocacy center when the child advocacy center has
	290	+	20 before it an investigation of child abuse or neglect in which it is
	291	+	21 facilitating a forensic interview or facilitating a case discussion or
	292	+	22 case review.
	293	+	23 (35) A liaison designated by a school if the:
	294	+	24 (A) school's personnel reported the alleged abuse or
	295	+	25 neglect; and
	296	+	26 (B) child is at risk of:
	297	+	27 (i) harming themself;
	298	+	28 (ii) harming a peer; or
	299	+	29 (iii) being harmed by a peer;
	300	+	30 while the child is attending the school.
	301	+	31 SECTION 4. IC 31-34-1-6, AS AMENDED BY P.L.2-2005,
	302	+	32 SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	303	+	33 JULY 1, 2025]: Sec. 6. A child is a child in need of services if before
	304	+	34 the child becomes eighteen (18) years of age:
	305	+	35 (1) the child substantially endangers the child's own health or the
	306	+	36 health of another individual; and
	307	+	37 (2) the child needs care, treatment, or rehabilitation that:
	308	+	38 (A) the child is not receiving; and
	309	+	39 (B) is unlikely to be provided or accepted without the coercive
	310	+	40 intervention of the court.
	311	+	41 For purposes of subdivision (1), endangering the health of another
	312	+	42 individual includes peer-on-peer bullying or abusive behavior for
	313	+	2025 IN 1404—LS 7645/DI 148 8
	314	+	1 which a child's parent has failed to participate in disciplinary
	315	+	2 proceedings with the child's school under IC 20-33-8-26.
	316	+	3 SECTION 5. IC 31-34-1-7, AS AMENDED BY P.L.1-2005,
	317	+	4 SECTION 203, IS AMENDED TO READ AS FOLLOWS
	318	+	5 [EFFECTIVE JULY 1, 2025]: Sec. 7. A child is a child in need of
	319	+	6 services if before the child becomes eighteen (18) years of age:
	320	+	7 (1) the child's parent, guardian, or custodian fails to participate in
	321	+	8 a disciplinary proceeding in connection with the student's
	322	+	9 improper behavior, including bullying or abusive behaviors, as
	323	+	10 provided for by IC 20-33-8-26, if the behavior of the student has
	324	+	11 been repeatedly disruptive in the school; and
	325	+	12 (2) the child needs care, treatment, or rehabilitation that:
	326	+	13 (A) the child is not receiving; and
	327	+	14 (B) is unlikely to be provided or accepted without the coercive
	328	+	15 intervention of the court.
	329	+	2025 IN 1404—LS 7645/DI 148