LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7591 NOTE PREPARED: Jan 29, 2025
BILL NUMBER: HB 1412 BILL AMENDED: Jan 30, 2025
SUBJECT: Reporting of Child Abuse or Neglect.
FIRST AUTHOR: Rep. Cash BILL STATUS: CR Adopted - 1
st
House
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: (Amended) This bill 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 (DCS) and a local law enforcement agency. It provides that an individual's duty
to report is nondelegable, unless the individual to whom the duty is being delegated is part of the child's care
team and has personally provided care to the child. The bill requires that if a report of suspected child abuse
or neglect 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.
The bill allows local law enforcement to consider certain facts when determining whether the institution,
school, facility, organization, or agency knew about the alleged abuse. It increases the penalty for failure by
a member of the staff of a public or private institution, school, facility, organization, or agency to report
suspected child abuse or neglect to a Class A misdemeanor (instead of a Class B misdemeanor, under current
law). The bill also makes conforming changes.
Effective Date: July 1, 2025.
Explanation of State Expenditures: This bill changes the reporting requirements for suspected instances
of child abuse and neglect. As a result, the DCS could receive more reports of child abuse and neglect, which
would increase DCS workload to perform investigations. If the additional investigations can not be
accommodated with existing staff, the DCS could fill from existing vacancies to address the new cases. [As
of August 2024, the DCS has a total of 1,350 vacant positions worth a total of $81.1 M in annual salary. Of
these positions, 910 vacancies are for family case managers that are worth $52.7 M in annual salary.]
Explanation of State Revenues: Criminal Penalties - This bill (1) could reduce the number of violations
of failure to report suspected child abuse and neglect, but also (2) enhances the penalty for failing to report
suspected child abuse and neglect.
HB 1412 1 By enhancing a Class B misdemeanor to an A misdemeanor, revenue to the Common School Fund may
increase. The maximum fine for a Class B misdemeanor is $1,000, while the maximum fine for a Class A
misdemeanor is $5,000. However, any additional revenue from the enhancement is likely to be small and
court fees would remain unchanged. Additionally, by changing whom is to report suspected child abuse and
neglect, the bill could reduce total misdemeanor convictions in the state. The bill’s net effect on revenue
received from criminal penalties is indeterminable.
Additional Information - OFMA found 19 persons who were convicted and sentenced for failure to report
(IC 31-33-22-1) as a Class B misdemeanor, between FY 2013 and FY 2024. Persons convicted of a Class B
misdemeanor are more than likely to have their sentences suspended and supervised in the community.
Explanation of Local Expenditures: The bill could decrease the total number of misdemeanor convictions
for failure to report child abuse and neglect but also enhances the penalty for failure to report from a Class
B misdemeanor to a Class A misdemeanor. The maximum term of imprisonment for a Class B misdemeanor
is up to 180 days, while the maximum term for a Class A misdemeanor is up to one year. The bill’s net effect
on local incarceration costs is indeterminable.
Explanation of Local Revenues: Criminal Penalties - Court fees would remain unchanged.
State Agencies Affected: DCS.
Local Agencies Affected: Trial courts; local law enforcement agencies.
Information Sources: Odyssey database; State Staffing Table Report, August 2024; Indiana Supreme Court,
Indiana Trial Court Fee Manual.
Fiscal Analyst: Bill Brumbach, 317-232-9559.
HB 1412 2