Introduced Version
HOUSE BILL No. 1412
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-13-19-5; IC 12-17.2-3.5-8.5; IC 25-1-9-4;
IC 31-33.
Synopsis: Reporting of child abuse or neglect. Provides that staff
members of a medical institution, a medical facility, or any other health
care facility have a duty to report child abuse immediately to both the
department of child services and a local law enforcement agency.
Provides that an individual's duty to report is nondelegable. Requires
that if a report alleges that a staff member, youth coach, or volunteer of
an institution, school, facility, organization, or agency is the abuser,
local law enforcement shall investigate to determine whether the
institution, school, facility, organization, or agency knew that the
alleged abuse was happening and failed to report the alleged abuse.
Allows local law enforcement to consider certain facts when
determining whether the institution, school, facility, organization, or
agency knew about the alleged abuse. Raises the penalty for failure to
report for certain individuals to a Class A misdemeanor. (Under current
law, it is a Class B misdemeanor.) Makes conforming changes.
Effective: July 1, 2025.
Cash, Olthoff
January 13, 2025, read first time and referred to Committee on Family, Children and
Human Affairs.
2025 IN 1412—LS 7591/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. 1412
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 4-13-19-5, AS AMENDED BY P.L.128-2012,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 5. (a) The office of the department of child
4 services ombudsman may receive, investigate, and attempt to resolve
5 a complaint alleging that the department of child services, by an action
6 or omission occurring on or after January 11, 2005, failed to protect the
7 physical or mental health or safety of any child or failed to follow
8 specific laws, rules, or written policies.
9 (b) The office of the department of child services ombudsman may
10 also do the following:
11 (1) Take action, including the establishing of a program of public
12 education, to secure and ensure the legal rights of children.
13 (2) Periodically review relevant policies and procedures with a
14 view toward the safety and welfare of children.
15 (3) When appropriate, refer a person making a report of child
16 abuse or neglect to the department of child services and if
17 appropriate, to an appropriate local law enforcement agency in
2025 IN 1412—LS 7591/DI 148 2
1 Indiana.
2 (4) Recommend changes in procedures for investigating reports
3 of abuse and neglect and overseeing the welfare of children who
4 are under the jurisdiction of a juvenile court.
5 (5) Make the public aware of the services of the ombudsman, the
6 purpose of the office, and information concerning contacting the
7 office.
8 (6) Examine policies and procedures and evaluate the
9 effectiveness of the child protection system, specifically the
10 respective roles of the department of child services, the court, the
11 medical community, service providers, guardians ad litem, court
12 appointed special advocates, and law enforcement agencies.
13 (7) Review and make recommendations concerning investigative
14 procedures and emergency responses contained in the report
15 prepared under section 10 of this chapter.
16 (c) Upon request of the office of the department of child services
17 ombudsman, the local child protection team shall assist the office of the
18 department of child services ombudsman by investigating and making
19 recommendations on a matter. If a local child protection team was
20 involved in an initial investigation, a different local child protection
21 team may assist in the investigation under this subsection.
22 (d) At the end of an investigation of a complaint, the office of the
23 department of child services ombudsman shall provide an appropriate
24 report as follows:
25 (1) If the complainant is a parent, guardian, custodian, court
26 appointed special advocate, guardian ad litem, or court, the
27 ombudsman may provide the same report to the complainant and
28 the department of child services.
29 (2) If the complainant is not a person described in subdivision (1),
30 the ombudsman shall provide a redacted version of its findings to
31 the complainant stating in general terms that the actions of the
32 department of child services were or were not appropriate.
33 (e) The department of child services ombudsman shall provide a
34 copy of the report and recommendations to the department of child
35 services. The office of the department of child services ombudsman
36 may not disclose to:
37 (1) a complainant;
38 (2) another person who is not a parent, guardian, or custodian of
39 the child who was the subject of the department of child services'
40 action or omission; or
41 (3) the court, court appointed special advocate, or guardian ad
42 litem of the child in a case that was filed as a child in need of
2025 IN 1412—LS 7591/DI 148 3
1 services or a termination of parental rights action;
2 any information that the department of child services could not, by law,
3 reveal to the complainant, parent, guardian, custodian, person, court,
4 court appointed special advocate, or guardian ad litem.
5 (f) If, after reviewing a complaint or conducting an investigation and
6 considering the response of an agency, facility, or program and any
7 other pertinent material, the office of the department of child services
8 ombudsman determines that the complaint has merit or the
9 investigation reveals a problem, the ombudsman may recommend that
10 the agency, facility, or program:
11 (1) consider the matter further;
12 (2) modify or cancel its actions;
13 (3) alter a rule, order, or internal policy; or
14 (4) explain more fully the action in question.
15 (g) At the office of the department of child services ombudsman's
16 request, the agency, facility, or program shall, within a reasonable time,
17 inform the office of the department of child services ombudsman about
18 the action taken on the recommendation or the reasons for not
19 complying with it.
20 (h) The office of the department of child services ombudsman may
21 not investigate the following:
22 (1) A complaint from an employee of the department of child
23 services that relates to the employee's employment relationship
24 with the department of child services.
25 (2) A complaint challenging a department of child services
26 substantiation of abuse or neglect that is currently the subject of
27 a pending administrative review procedure before the exhaustion
28 of administrative remedies provided by law, rule, or written
29 policy. Investigation of any such complaint received shall be
30 stayed until the administrative remedy has been exhausted.
31 However, if the administrative process is not completed or
32 terminated within six (6) months after initiation of the
33 administrative process, the office of child services ombudsman
34 may proceed with its investigation.
35 (i) If the office of the department of child services ombudsman does
36 not investigate a complaint, the office of the department of child
37 services ombudsman shall notify the complainant of the decision not
38 to investigate and the reasons for the decision.
39 SECTION 2. IC 12-17.2-3.5-8.5, AS AMENDED BY P.L.183-2017,
40 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2025]: Sec. 8.5. (a) A provider shall provide to all employees
42 and volunteers of the provider the written material prepared and made
2025 IN 1412—LS 7591/DI 148 4
1 available by the division under subsection (c).
2 (b) An employee or a volunteer of a provider who has reason to
3 believe that a child in the provider's care is a victim of child abuse or
4 neglect shall make a report as required under IC 31-33-5.
5 (c) The division shall do the following:
6 (1) Prepare written material specifying the following:
7 (A) The duty to report known or suspected child abuse or
8 neglect under IC 31-33-5.
9 (B) That knowing failure to make a report required by:
10 (i) IC 31-33-5-1; or
11 (ii) IC 31-33-5-2; or
12 (iii) IC 31-33-5-2.5;
13 is a Class B Class A misdemeanor under IC 31-33-22-1.
14 (2) Make the written material under subdivision (1) available to
15 providers.
16 SECTION 3. IC 25-1-9-4, AS AMENDED BY P.L.35-2018,
17 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2025]: Sec. 4. (a) A practitioner shall conduct the
19 practitioner's practice in accordance with the standards established by
20 the board regulating the profession in question and is subject to the
21 exercise of the disciplinary sanctions under section 9 of this chapter if,
22 after a hearing, the board finds:
23 (1) a practitioner has:
24 (A) engaged in or knowingly cooperated in fraud or material
25 deception in order to obtain a license to practice, including
26 cheating on a licensing examination;
27 (B) engaged in fraud or material deception in the course of
28 professional services or activities;
29 (C) advertised services in a false or misleading manner; or
30 (D) been convicted of a crime or assessed a civil penalty
31 involving fraudulent billing practices, including fraud under:
32 (i) Medicaid (42 U.S.C. 1396 et seq.);
33 (ii) Medicare (42 U.S.C. 1395 et seq.);
34 (iii) the children's health insurance program under
35 IC 12-17.6; or
36 (iv) insurance claims;
37 (2) a practitioner has been convicted of a crime that:
38 (A) has a direct bearing on the practitioner's ability to continue
39 to practice competently; or
40 (B) is harmful to the public;
41 (3) a practitioner has knowingly violated any state statute or rule,
42 or federal statute or regulation, regulating the profession in
2025 IN 1412—LS 7591/DI 148 5
1 question;
2 (4) a practitioner has continued to practice although the
3 practitioner has become unfit to practice due to:
4 (A) professional incompetence that:
5 (i) may include the undertaking of professional activities
6 that the practitioner is not qualified by training or experience
7 to undertake; and
8 (ii) does not include activities performed under
9 IC 16-21-2-9;
10 (B) failure to keep abreast of current professional theory or
11 practice;
12 (C) physical or mental disability; or
13 (D) addiction to, abuse of, or severe dependency upon alcohol
14 or other drugs that endanger the public by impairing a
15 practitioner's ability to practice safely;
16 (5) a practitioner has engaged in a course of lewd or immoral
17 conduct in connection with the delivery of services to the public;
18 (6) a practitioner has allowed the practitioner's name or a license
19 issued under this chapter to be used in connection with an
20 individual who renders services beyond the scope of that
21 individual's training, experience, or competence;
22 (7) a practitioner has had disciplinary action taken against the
23 practitioner or the practitioner's license to practice in any state or
24 jurisdiction on grounds similar to those under this chapter;
25 (8) a practitioner has diverted:
26 (A) a legend drug (as defined in IC 16-18-2-199); or
27 (B) any other drug or device issued under a drug order (as
28 defined in IC 16-42-19-3) for another person;
29 (9) a practitioner, except as otherwise provided by law, has
30 knowingly prescribed, sold, or administered any drug classified
31 as a narcotic, addicting, or dangerous drug to a habitue or addict;
32 (10) a practitioner has failed to comply with an order imposing a
33 sanction under section 9 of this chapter;
34 (11) a practitioner has engaged in sexual contact with a patient
35 under the practitioner's care or has used the practitioner-patient
36 relationship to solicit sexual contact with a patient under the
37 practitioner's care;
38 (12) a practitioner who is a participating provider of a health
39 maintenance organization has knowingly collected or attempted
40 to collect from a subscriber or enrollee of the health maintenance
41 organization any sums that are owed by the health maintenance
42 organization;
2025 IN 1412—LS 7591/DI 148 6
1 (13) a practitioner has assisted another person in committing an
2 act that would be grounds for disciplinary sanctions under this
3 chapter; or
4 (14) a practitioner has failed to report to the department of child
5 services or and a local law enforcement agency in Indiana
6 suspected child abuse in accordance with IC 31-33-5.
7 (b) A practitioner who provides health care services to the
8 practitioner's spouse is not subject to disciplinary action under
9 subsection (a)(11).
10 (c) A certified copy of the record of disciplinary action is conclusive
11 evidence of the other jurisdiction's disciplinary action under subsection
12 (a)(7).
13 SECTION 4. IC 31-33-5-2, AS AMENDED BY P.L.183-2017,
14 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2025]: Sec. 2. (a) This section does not apply to an individual
16 required to make a report under this article in the individual's capacity
17 as a member of the staff of a hospital licensed under IC 16-21-2. An
18 individual required to make a report under this article in the
19 individual's capacity as a member of the staff of a hospital licensed
20 under IC 16-21-2 is subject to section 2.5 of this chapter.
21 (b) (a) Except as provided in subsection (c), if an individual is
22 required to make a report under this article in the individual's capacity
23 as a member of the staff of a medical or other public or private
24 institution, school, facility, organization, or agency, the individual
25 shall immediately make a report to:
26 (1) the department; or
27 (2) the local law enforcement agency in Indiana based on the
28 child's location at the moment the individual knows about or
29 suspects child abuse or neglect.
30 The individual does not have discretion to decide not to report
31 known or suspected child abuse or neglect.
32 (b) An individual required to make a report of known or
33 suspected child abuse or neglect may not delegate the duty to make
34 the report to another individual.
35 (c) If an individual is required to report under this article in the
36 individual's capacity as a member of the staff at:
37 (1) a medical institution;
38 (2) a medical facility; or
39 (3) any other health care facility;
40 the individual shall immediately make a report to the department
41 and the local law enforcement agency in Indiana based on the
42 child's location at the moment the individual knows about or
2025 IN 1412—LS 7591/DI 148 7
1 suspects child abuse or neglect. The individual does not have
2 discretion to decide not to report known or suspected child abuse
3 or neglect.
4 (d) After making the report, the individual shall notify the
5 individual in charge of the institution, school, facility, organization, or
6 agency or the designated agent of the individual in charge of the
7 institution, school, facility, organization, or agency that the report was
8 made.
9 SECTION 5. IC 31-33-5-2.5 IS REPEALED [EFFECTIVE JULY
10 1, 2025]. Sec. 2.5. (a) This section applies only to an individual
11 required to make a report under this article in the individual's capacity
12 as a member of the staff of a hospital licensed under IC 16-21-2.
13 (b) If an individual is required to make a report under this article in
14 the individual's capacity as a member of the staff of a hospital licensed
15 under IC 16-21-2, the individual shall immediately notify the individual
16 in charge of the hospital or the designated agent of the individual in
17 charge of the hospital.
18 (c) An individual notified under subsection (b) shall immediately
19 report or cause a report to be made to:
20 (1) the department; or
21 (2) the local law enforcement agency.
22 SECTION 6. IC 31-33-5-4, AS AMENDED BY P.L.183-2017,
23 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]: Sec. 4. (a) Except as provided in subsection (b), a
25 person who has a duty under this chapter to report that a child may be
26 a victim of child abuse or neglect shall immediately make an oral or
27 written report to:
28 (1) the department; or
29 (2) the local law enforcement agency in Indiana based on the
30 child's location at the moment the individual suspects child
31 abuse or neglect.
32 (b) A person who has a duty under section 2(c) of this chapter
33 to report that a child may be a victim of child abuse or neglect shall
34 immediately make an oral or written report to:
35 (1) the department; and
36 (2) the local law enforcement agency in Indiana based on the
37 child's location at the moment the individual suspects child
38 abuse or neglect.
39 SECTION 7. IC 31-33-8.5 IS ADDED TO THE INDIANA CODE
40 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2025]:
42 Chapter 8.5. Investigation of a School, Facility, or Organization
2025 IN 1412—LS 7591/DI 148 8
1 Sec. 1. If a report made under IC 31-33-5 alleges that a staff
2 member, youth coach, or volunteer of an institution, school,
3 facility, organization, or agency is the abuser, local law
4 enforcement shall investigate the institution, school, facility,
5 organization, or agency to determine whether the institution,
6 school, facility, organization, or agency knew that the alleged abuse
7 was happening and failed to report the alleged abuse. In
8 determining whether the institution, school, facility, organization,
9 or agency knew that the alleged abuse was happening, local law
10 enforcement may consider the following:
11 (1) Whether there have been previous allegations against the
12 staff member, youth coach, or volunteer.
13 (2) Whether there are disciplinary records for the staff
14 member, youth coach, or volunteer.
15 (3) Whether the institution, school, facility, organization, or
16 agency properly reported any previous:
17 (A) allegations against the staff member, youth coach, or
18 volunteer; or
19 (B) disciplinary records involving the staff member's,
20 youth coach's, or volunteer's inappropriate behavior with
21 a minor.
22 Sec. 2. If local law enforcement determines that an institution,
23 school, facility, organization, or agency knew that the alleged abuse
24 was happening and failed to report the alleged abuse, local law
25 enforcement shall provide the prosecuting attorney with a
26 complete written report of the investigation.
27 SECTION 8. IC 31-33-22-1, AS AMENDED BY P.L.183-2017,
28 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2025]: Sec. 1. (a) A person who knowingly fails to make a
30 report required by IC 31-33-5-1 commits a Class B misdemeanor.
31 (b) A person who knowingly fails to make a report required by
32 IC 31-33-5-2 or IC 31-33-5-2.5 commits a Class B Class A
33 misdemeanor. This penalty is in addition to the penalty imposed by
34 subsection (a).
35 (c) A criminal investigation does not affect the victim's right to
36 seek a civil remedy against the person being investigated for a
37 crime under this section.
2025 IN 1412—LS 7591/DI 148