*EH1412.1*
March 19, 2025
ENGROSSED
HOUSE BILL No. 1412
_____
DIGEST OF HB 1412 (Updated March 17, 2025 3:48 pm - DI 148)
Citations Affected: IC 12-17.2; IC 25-1; IC 31-9; IC 31-33; IC 31-34.
Synopsis: Reporting of child abuse or neglect. Provides that an
individual's duty to report suspected child abuse or neglect is may only
be delegated to another person if certain conditions are met. 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. Allows law enforcement to consider
certain facts when determining whether the institution, school, facility,
organization, or agency knew about the alleged abuse. 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), and increases the penalty to a Level
6 felony if the person has a prior conviction for failure to report abuse
or neglect. Provides that a child is not a child in need of services due
to a parent, guardian, or custodian referring to and raising a child
consistent with the child's biological sex. Makes conforming changes.
Effective: July 1, 2025.
Cash, Olthoff, Sweet,
Garcia Wilburn
(SENATE SPONSORS — GOODE, CRIDER, CARRASCO, DERNULC)
January 13, 2025, read first time and referred to Committee on Family, Children and
Human Affairs.
January 30, 2025, amended, reported — Do Pass. Reassigned to Committee on Courts and
Criminal Code pursuant to Rule 126.3.
February 6, 2025, amended, reported — Do Pass.
February 10, 2025, read second time, ordered engrossed.
February 11, 2025, engrossed. Read third time, passed. Yeas 91, nays 0.
SENATE ACTION
February 20, 2025, read first time and referred to Committee on Family and Children
Services.
March 18, 2025, amended, reported favorably — Do Pass.
EH 1412—LS 7591/DI 148 March 19, 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.
ENGROSSED
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 12-17.2-3.5-8.5, AS AMENDED BY P.L.183-2017,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 8.5. (a) A provider shall provide to all employees
4 and volunteers of the provider the written material prepared and made
5 available by the division under subsection (c).
6 (b) An employee or a volunteer of a provider who has reason to
7 believe that a child in the provider's care is a victim of child abuse or
8 neglect shall make a report as required under IC 31-33-5.
9 (c) The division shall do the following:
10 (1) Prepare written material specifying the following:
11 (A) The duty to report known or suspected child abuse or
12 neglect under IC 31-33-5.
13 (B) That knowing failure to make a report required by:
14 (i) IC 31-33-5-1; or
15 (ii) IC 31-33-5-2; or
16 (iii) IC 31-33-5-2.5;
17 is a Class B Class A misdemeanor under IC 31-33-22-1.
EH 1412—LS 7591/DI 148 2
1 (2) Make the written material under subdivision (1) available to
2 providers.
3 SECTION 2. IC 25-1-9-4, AS AMENDED BY P.L.35-2018,
4 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2025]: Sec. 4. (a) A practitioner shall conduct the
6 practitioner's practice in accordance with the standards established by
7 the board regulating the profession in question and is subject to the
8 exercise of the disciplinary sanctions under section 9 of this chapter if,
9 after a hearing, the board finds:
10 (1) a practitioner has:
11 (A) engaged in or knowingly cooperated in fraud or material
12 deception in order to obtain a license to practice, including
13 cheating on a licensing examination;
14 (B) engaged in fraud or material deception in the course of
15 professional services or activities;
16 (C) advertised services in a false or misleading manner; or
17 (D) been convicted of a crime or assessed a civil penalty
18 involving fraudulent billing practices, including fraud under:
19 (i) Medicaid (42 U.S.C. 1396 et seq.);
20 (ii) Medicare (42 U.S.C. 1395 et seq.);
21 (iii) the children's health insurance program under
22 IC 12-17.6; or
23 (iv) insurance claims;
24 (2) a practitioner has been convicted of a crime that:
25 (A) has a direct bearing on the practitioner's ability to continue
26 to practice competently; or
27 (B) is harmful to the public;
28 (3) a practitioner has knowingly violated any state statute or rule,
29 or federal statute or regulation, regulating the profession in
30 question;
31 (4) a practitioner has continued to practice although the
32 practitioner has become unfit to practice due to:
33 (A) professional incompetence that:
34 (i) may include the undertaking of professional activities
35 that the practitioner is not qualified by training or experience
36 to undertake; and
37 (ii) does not include activities performed under
38 IC 16-21-2-9;
39 (B) failure to keep abreast of current professional theory or
40 practice;
41 (C) physical or mental disability; or
42 (D) addiction to, abuse of, or severe dependency upon alcohol
EH 1412—LS 7591/DI 148 3
1 or other drugs that endanger the public by impairing a
2 practitioner's ability to practice safely;
3 (5) a practitioner has engaged in a course of lewd or immoral
4 conduct in connection with the delivery of services to the public;
5 (6) a practitioner has allowed the practitioner's name or a license
6 issued under this chapter to be used in connection with an
7 individual who renders services beyond the scope of that
8 individual's training, experience, or competence;
9 (7) a practitioner has had disciplinary action taken against the
10 practitioner or the practitioner's license to practice in any state or
11 jurisdiction on grounds similar to those under this chapter;
12 (8) a practitioner has diverted:
13 (A) a legend drug (as defined in IC 16-18-2-199); or
14 (B) any other drug or device issued under a drug order (as
15 defined in IC 16-42-19-3) for another person;
16 (9) a practitioner, except as otherwise provided by law, has
17 knowingly prescribed, sold, or administered any drug classified
18 as a narcotic, addicting, or dangerous drug to a habitue or addict;
19 (10) a practitioner has failed to comply with an order imposing a
20 sanction under section 9 of this chapter;
21 (11) a practitioner has engaged in sexual contact with a patient
22 under the practitioner's care or has used the practitioner-patient
23 relationship to solicit sexual contact with a patient under the
24 practitioner's care;
25 (12) a practitioner who is a participating provider of a health
26 maintenance organization has knowingly collected or attempted
27 to collect from a subscriber or enrollee of the health maintenance
28 organization any sums that are owed by the health maintenance
29 organization;
30 (13) a practitioner has assisted another person in committing an
31 act that would be grounds for disciplinary sanctions under this
32 chapter; or
33 (14) a practitioner has failed to report to the department of child
34 services or a local an appropriate law enforcement agency
35 suspected child abuse in accordance with IC 31-33-5.
36 (b) A practitioner who provides health care services to the
37 practitioner's spouse is not subject to disciplinary action under
38 subsection (a)(11).
39 (c) A certified copy of the record of disciplinary action is conclusive
40 evidence of the other jurisdiction's disciplinary action under subsection
41 (a)(7).
42 SECTION 3. IC 31-9-2-14, AS AMENDED BY P.L.109-2024,
EH 1412—LS 7591/DI 148 4
1 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2025]: Sec. 14. (a) "Child abuse or neglect", for purposes of
3 IC 31-32-11-1, IC 31-33, IC 31-34-7-4, and IC 31-39-8-4, refers to:
4 (1) a child described in IC 31-34-1-1 through IC 31-34-1-5 and
5 IC 31-34-1-8 through IC 31-34-1-11, regardless of whether the
6 child needs care, treatment, rehabilitation, or the coercive
7 intervention of a court; or
8 (2) an individual who:
9 (A) is at least eighteen (18) years of age but less than
10 twenty-one (21) years of age;
11 (B) resides, or has previously resided, at a residential facility
12 licensed by the department; and
13 (C) is harmed or threatened with harm as a result of:
14 (i) a battery offense included in IC 35-42-2; or
15 (ii) sexual activity (as defined in IC 35-42-4-13(b));
16 committed by a member of the staff at the residential facility.
17 (b) For purposes of subsection (a), the term under subsection (a)
18 does not refer to a child who is alleged to be a victim of a sexual
19 offense under IC 35-42-4-3 unless the alleged offense under
20 IC 35-42-4-3 involves the fondling or touching of the buttocks,
21 genitals, or female breasts, regardless of whether the child needs care,
22 treatment, rehabilitation, or the coercive intervention of a court.
23 (c) "Child abuse or neglect", for purposes of IC 31-34-2.3, refers to
24 acts or omissions by a person against a child as described in
25 IC 31-34-1-1 through IC 31-34-1-11, regardless of whether the child
26 needs care, treatment, rehabilitation, or the coercive intervention of a
27 court.
28 (d) "Child abuse or neglect" does not include raising or
29 referring to a child in a manner consistent with the child's
30 biological sex.
31 SECTION 4. IC 31-33-5-2, AS AMENDED BY P.L.183-2017,
32 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2025]: Sec. 2. (a) This section does not apply to an individual
34 required to make a report under this article in the individual's capacity
35 as a member of the staff of a hospital licensed under IC 16-21-2. An
36 individual required to make a report under this article in the
37 individual's capacity as a member of the staff of a hospital licensed
38 under IC 16-21-2 is subject to section 2.5 of this chapter.
39 (b) (a) If an individual is required to make a report under this article
40 in the individual's capacity as a member of the staff of a medical or
41 other public or private institution, school, facility, organization, or
42 agency, the individual shall immediately make a report to:
EH 1412—LS 7591/DI 148 5
1 (1) the department; or
2 (2) the local appropriate law enforcement agency.
3 The individual does not have discretion to decide not to report
4 known or suspected child abuse or neglect, unless a report has
5 already been made and documented by the individual in charge
6 under subsection (d).
7 (b) An individual required to make a report of known or
8 suspected child abuse or neglect may not delegate the duty to make
9 the report to another individual, unless:
10 (1) the individual to whom the duty is being delegated is part
11 of the child's care team and has personally been involved in
12 the child's care; and
13 (2) the notification of suspected child abuse or neglect made
14 to the individual described in subdivision (1) is in writing.
15 (c) The individual described in subsection (b)(1) shall
16 immediately report the suspected child abuse or neglect to the
17 appropriate law enforcement agency or the department. As soon
18 as possible after making the report to law enforcement or the
19 department, the individual described in subsection (b)(1) shall do
20 the following:
21 (1) Record in writing that they were notified of suspected
22 child abuse or neglect, including the identity of the person
23 who notified them, the date and time that they received the
24 notification, and the date and time that they reported the
25 suspected child abuse or neglect to law enforcement or the
26 department of child services.
27 (2) Place or cause to be placed in the child's medical file:
28 (A) the details included in the report to law enforcement or
29 the department of child services, including the date and
30 time;
31 (B) the condition of the child at the time the report was
32 made, if known; and
33 (C) any other relevant and necessary information.
34 (d) After making the report, the individual required to make the
35 report and the individual described in subsection (b)(1) shall notify
36 the individual in charge of the institution, school, facility,
37 organization, or agency or the designated agent of the individual in
38 charge of the institution, school, facility, organization, or agency that
39 the report was made.
40 SECTION 5. IC 31-33-5-2.5 IS REPEALED [EFFECTIVE JULY
41 1, 2025]. Sec. 2.5. (a) This section applies only to an individual
42 required to make a report under this article in the individual's capacity
EH 1412—LS 7591/DI 148 6
1 as a member of the staff of a hospital licensed under IC 16-21-2.
2 (b) If an individual is required to make a report under this article in
3 the individual's capacity as a member of the staff of a hospital licensed
4 under IC 16-21-2, the individual shall immediately notify the individual
5 in charge of the hospital or the designated agent of the individual in
6 charge of the hospital.
7 (c) An individual notified under subsection (b) shall immediately
8 report or cause a report to be made to:
9 (1) the department; or
10 (2) the local law enforcement agency.
11 SECTION 6. IC 31-33-5-4, AS AMENDED BY P.L.183-2017,
12 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]: Sec. 4. (a) Except as provided in subsection (b), a
14 person who has a duty under this chapter to report that a child may be
15 a victim of child abuse or neglect shall immediately make an oral or
16 written report to:
17 (1) the department; or
18 (2) the local appropriate law enforcement agency.
19 (b) A person who has a duty under section 2(c) of this chapter
20 to report that a child may be a victim of child abuse or neglect shall
21 immediately make an oral or written report to:
22 (1) the department; or
23 (2) the appropriate law enforcement agency.
24 SECTION 7. IC 31-33-8.5 IS ADDED TO THE INDIANA CODE
25 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2025]:
27 Chapter 8.5. Investigation of a School, Facility, or Organization
28 Sec. 1. If a report made under IC 31-33-5 alleges that a staff
29 member, youth coach, or volunteer of an institution, school,
30 facility, organization, or agency is the abuser, local law
31 enforcement shall investigate the institution, school, facility,
32 organization, or agency to determine whether the institution,
33 school, facility, organization, or agency knew that the alleged abuse
34 was happening and failed to report the alleged abuse. In
35 determining whether the institution, school, facility, organization,
36 or agency knew that the alleged abuse was happening, local law
37 enforcement may consider the following:
38 (1) Whether there have been previous allegations against the
39 staff member, youth coach, or volunteer.
40 (2) Whether there are disciplinary records for the staff
41 member, youth coach, or volunteer.
42 (3) Whether the institution, school, facility, organization, or
EH 1412—LS 7591/DI 148 7
1 agency properly reported any previous:
2 (A) allegations against the staff member, youth coach, or
3 volunteer; or
4 (B) disciplinary records involving the staff member's,
5 youth coach's, or volunteer's inappropriate behavior with
6 a minor.
7 Sec. 2. If local law enforcement determines that an institution,
8 school, facility, organization, or agency knew that the alleged abuse
9 was happening and failed to report the alleged abuse, local law
10 enforcement shall provide the prosecuting attorney with a
11 complete written report of the investigation.
12 SECTION 8. IC 31-33-22-1, AS AMENDED BY P.L.183-2017,
13 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2025]: Sec. 1. (a) A person who knowingly fails to make a
15 report required by IC 31-33-5-1 commits a Class B misdemeanor.
16 (b) A person who knowingly fails to make a report required by
17 IC 31-33-5-2 or IC 31-33-5-2.5 commits a Class B Class A
18 misdemeanor. However, the offense is a Level 6 felony if the person
19 has a prior unrelated conviction for a violation of this section. This
20 penalty is in addition to the penalty imposed by subsection (a).
21 (c) A criminal investigation does not affect the victim's right to
22 seek a civil remedy against the person being investigated for a
23 crime under this section.
24 SECTION 9. IC 31-34-1-17 IS ADDED TO THE INDIANA CODE
25 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
26 1, 2025]: Sec. 17. A child is not a child in need of services under any
27 section of this chapter due to the child's parent, guardian, or
28 custodian referring to and raising the child consistent with the
29 child's biological sex.
EH 1412—LS 7591/DI 148 8
COMMITTEE REPORT
Mr. Speaker: Your Committee on Family, Children and Human
Affairs, to which was referred House Bill 1412, 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 6, line 31, delete "neglect." and insert "neglect, unless a
report has already been made and documented by the individual
in charge under subsection (d).".
Page 6, line 34, delete "individual." and insert "individual, 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.".
Page 7, line 3, delete "neglect." and insert "neglect, unless a report
has already been made and documented in the child's medical
file.".
and when so amended that said bill do pass.
(Reference is to HB 1412 as introduced.)
DEVON
Committee Vote: yeas 12, nays 0.
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Courts and Criminal Code, to
which was referred House Bill 1412, 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 1, delete lines 1 through 17.
Delete page 2.
Page 3, delete lines 1 through 38.
Page 6, line 5, reset in roman "or".
Page 6, line 5, delete "and".
Page 6, line 5, strike "a local" and insert "an appropriate".
Page 6, line 5, delete "in Indiana".
Page 6, delete lines 13 through 42, begin a new paragraph and
insert:
"SECTION 4. IC 31-33-5-2, AS AMENDED BY P.L.183-2017,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
EH 1412—LS 7591/DI 148 9
JULY 1, 2025]: Sec. 2. (a) This section does not apply to an individual
required to make a report under this article in the individual's capacity
as a member of the staff of a hospital licensed under IC 16-21-2. An
individual required to make a report under this article in the
individual's capacity as a member of the staff of a hospital licensed
under IC 16-21-2 is subject to section 2.5 of this chapter.
(b) (a) If an individual is required to make a report under this article
in the individual's capacity as a member of the staff of a medical or
other public or private institution, school, facility, organization, or
agency, the individual shall immediately make a report to:
(1) the department; or
(2) the local appropriate law enforcement agency.
The individual does not have discretion to decide not to report
known or suspected child abuse or neglect, unless a report has
already been made and documented by the individual in charge
under subsection (d).
(b) An individual required to make a report of known or
suspected child abuse or neglect may not delegate the duty to make
the report to another individual, unless:
(1) the individual to whom the duty is being delegated is part
of the child's care team and has personally been involved in
the child's care; and
(2) the notification of suspected child abuse or neglect made
to the individual described in subdivision (1) is in writing.
(c) The individual described in subsection (b)(1) shall
immediately report the suspected child abuse or neglect to the
appropriate law enforcement agency or the department. As soon
as possible after making the report to law enforcement or the
department, the individual described in subsection (b)(1) shall do
the following:
(1) Record in writing that they were notified of suspected
child abuse or neglect, including the identity of the person
who notified them, the date and time that they received the
notification, and the date and time that they reported the
suspected child abuse or neglect to law enforcement or the
department of child services.
(2) Place or cause to be placed in the child's medical file:
(A) the details included in the report to law enforcement or
the department of child services, including the date and
time;
(B) the condition of the child at the time the report was
made, if known; and
EH 1412—LS 7591/DI 148 10
(C) any other relevant and necessary information.
(d) After making the report, the individual required to make the
report and the individual described in subsection (b)(1) shall notify
the individual in charge of the institution, school, facility,
organization, or agency or the designated agent of the individual in
charge of the institution, school, facility, organization, or agency that
the report was made.".
Page 7, delete lines 1 through 13.
Page 7, line 34, strike "local" and insert "appropriate".
Page 7, line 34, delete "agency in Indiana based on the" and insert
"agency.".
Page 7, delete lines 35 through 36.
Page 7, line 40, delete "and" and insert "or".
Page 7, line 41, delete "local" and insert "appropriate".
Page 7, line 41, delete "agency in Indiana based on the" and insert
"agency.".
Page 7, delete line 42.
Page 8, delete line 1.
Page 8, line 38, after " misdemeanor." insert "However, the offense
is a Level 6 felony if the person has a prior unrelated conviction for
a violation of this section.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1412 as printed January 30, 2025.)
MCNAMARA
Committee Vote: yeas 13, nays 0.
_____
COMMITTEE REPORT
Mr. President: The Senate Committee on Family and Children
Services, to which was referred House Bill No. 1412, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 3, between lines 41 and 42, begin a new paragraph and insert:
"SECTION 3. IC 31-9-2-14, AS AMENDED BY P.L.109-2024,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
EH 1412—LS 7591/DI 148 11
JULY 1, 2025]: Sec. 14. (a) "Child abuse or neglect", for purposes of
IC 31-32-11-1, IC 31-33, IC 31-34-7-4, and IC 31-39-8-4, refers to:
(1) a child described in IC 31-34-1-1 through IC 31-34-1-5 and
IC 31-34-1-8 through IC 31-34-1-11, regardless of whether the
child needs care, treatment, rehabilitation, or the coercive
intervention of a court; or
(2) an individual who:
(A) is at least eighteen (18) years of age but less than
twenty-one (21) years of age;
(B) resides, or has previously resided, at a residential facility
licensed by the department; and
(C) is harmed or threatened with harm as a result of:
(i) a battery offense included in IC 35-42-2; or
(ii) sexual activity (as defined in IC 35-42-4-13(b));
committed by a member of the staff at the residential facility.
(b) For purposes of subsection (a), the term under subsection (a)
does not refer to a child who is alleged to be a victim of a sexual
offense under IC 35-42-4-3 unless the alleged offense under
IC 35-42-4-3 involves the fondling or touching of the buttocks,
genitals, or female breasts, regardless of whether the child needs care,
treatment, rehabilitation, or the coercive intervention of a court.
(c) "Child abuse or neglect", for purposes of IC 31-34-2.3, refers to
acts or omissions by a person against a child as described in
IC 31-34-1-1 through IC 31-34-1-11, regardless of whether the child
needs care, treatment, rehabilitation, or the coercive intervention of a
court.
(d) "Child abuse or neglect" does not include raising or
referring to a child in a manner consistent with the child's
biological sex.".
Page 6, after line 34, begin a new paragraph and insert:
"SECTION 9. IC 31-34-1-17 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 17. A child is not a child in need of services under any
section of this chapter due to the child's parent, guardian, or
custodian referring to and raising the child consistent with the
child's biological sex.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
EH 1412—LS 7591/DI 148 12
(Reference is to HB 1412 as printed February 6, 2025.)
WALKER G, Chairperson
Committee Vote: Yeas 6, Nays 0.
EH 1412—LS 7591/DI 148