First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1412
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:
SECTION 1. IC 12-17.2-3.5-8.5, AS AMENDED BY P.L.183-2017,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8.5. (a) A provider shall provide to all employees
and volunteers of the provider the written material prepared and made
available by the division under subsection (c).
(b) An employee or a volunteer of a provider who has reason to
believe that a child in the provider's care is a victim of child abuse or
neglect shall make a report as required under IC 31-33-5.
(c) The division shall do the following:
(1) Prepare written material specifying the following:
(A) The duty to report known or suspected child abuse or
neglect under IC 31-33-5.
(B) That knowing failure to make a report required by:
(i) IC 31-33-5-1; or
(ii) IC 31-33-5-2; or
(iii) IC 31-33-5-2.5;
is a Class B misdemeanor under IC 31-33-22-1.
(2) Make the written material under subdivision (1) available to
providers.
SECTION 2. IC 25-1-9-4, AS AMENDED BY P.L.35-2018,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2025]: Sec. 4. (a) A practitioner shall conduct the
practitioner's practice in accordance with the standards established by
the board regulating the profession in question and is subject to the
exercise of the disciplinary sanctions under section 9 of this chapter if,
after a hearing, the board finds:
(1) a practitioner has:
(A) engaged in or knowingly cooperated in fraud or material
deception in order to obtain a license to practice, including
cheating on a licensing examination;
(B) engaged in fraud or material deception in the course of
professional services or activities;
(C) advertised services in a false or misleading manner; or
(D) been convicted of a crime or assessed a civil penalty
involving fraudulent billing practices, including fraud under:
(i) Medicaid (42 U.S.C. 1396 et seq.);
(ii) Medicare (42 U.S.C. 1395 et seq.);
(iii) the children's health insurance program under
IC 12-17.6; or
(iv) insurance claims;
(2) a practitioner has been convicted of a crime that:
(A) has a direct bearing on the practitioner's ability to continue
to practice competently; or
(B) is harmful to the public;
(3) a practitioner has knowingly violated any state statute or rule,
or federal statute or regulation, regulating the profession in
question;
(4) a practitioner has continued to practice although the
practitioner has become unfit to practice due to:
(A) professional incompetence that:
(i) may include the undertaking of professional activities
that the practitioner is not qualified by training or experience
to undertake; and
(ii) does not include activities performed under
IC 16-21-2-9;
(B) failure to keep abreast of current professional theory or
practice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or severe dependency upon alcohol
or other drugs that endanger the public by impairing a
practitioner's ability to practice safely;
(5) a practitioner has engaged in a course of lewd or immoral
conduct in connection with the delivery of services to the public;
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(6) a practitioner has allowed the practitioner's name or a license
issued under this chapter to be used in connection with an
individual who renders services beyond the scope of that
individual's training, experience, or competence;
(7) a practitioner has had disciplinary action taken against the
practitioner or the practitioner's license to practice in any state or
jurisdiction on grounds similar to those under this chapter;
(8) a practitioner has diverted:
(A) a legend drug (as defined in IC 16-18-2-199); or
(B) any other drug or device issued under a drug order (as
defined in IC 16-42-19-3) for another person;
(9) a practitioner, except as otherwise provided by law, has
knowingly prescribed, sold, or administered any drug classified
as a narcotic, addicting, or dangerous drug to a habitue or addict;
(10) a practitioner has failed to comply with an order imposing a
sanction under section 9 of this chapter;
(11) a practitioner has engaged in sexual contact with a patient
under the practitioner's care or has used the practitioner-patient
relationship to solicit sexual contact with a patient under the
practitioner's care;
(12) a practitioner who is a participating provider of a health
maintenance organization has knowingly collected or attempted
to collect from a subscriber or enrollee of the health maintenance
organization any sums that are owed by the health maintenance
organization;
(13) a practitioner has assisted another person in committing an
act that would be grounds for disciplinary sanctions under this
chapter; or
(14) a practitioner has failed to report to the department of child
services or a local an appropriate law enforcement agency
suspected child abuse in accordance with IC 31-33-5.
(b) A practitioner who provides health care services to the
practitioner's spouse is not subject to disciplinary action under
subsection (a)(11).
(c) A certified copy of the record of disciplinary action is conclusive
evidence of the other jurisdiction's disciplinary action under subsection
(a)(7).
SECTION 3. IC 31-9-2-14, AS AMENDED BY P.L.109-2024,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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
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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.
SECTION 4. IC 31-33-5-2, AS AMENDED BY P.L.183-2017,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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
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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
(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.
SECTION 5. IC 31-33-5-2.5 IS REPEALED [EFFECTIVE JULY
1, 2025]. Sec. 2.5. (a) This section applies only 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.
(b) 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 hospital licensed
under IC 16-21-2, the individual shall immediately notify the individual
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in charge of the hospital or the designated agent of the individual in
charge of the hospital.
(c) An individual notified under subsection (b) shall immediately
report or cause a report to be made to:
(1) the department; or
(2) the local law enforcement agency.
SECTION 6. IC 31-33-5-4, AS AMENDED BY P.L.183-2017,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) Except as provided in subsection (b), a
person who has a duty under this chapter to report that a child may be
a victim of child abuse or neglect shall immediately make an oral or
written report to:
(1) the department; or
(2) the local appropriate law enforcement agency.
(b) A person who has a duty under section 2(c) of this chapter
to report that a child may be a victim of child abuse or neglect shall
immediately make an oral or written report to:
(1) the department; or
(2) the appropriate law enforcement agency.
SECTION 7. IC 31-33-8.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:
Chapter 8.5. Investigation of a School, Facility, or Organization
Sec. 1. If a report made under IC 31-33-5 alleges that a staff
member, youth coach, or volunteer of an institution, school,
facility, organization, or agency is the abuser, the appropriate law
enforcement agency shall investigate the institution, school, facility,
organization, or agency to determine whether the institution,
school, facility, organization, or agency knew that the alleged abuse
was happening and failed to report the alleged abuse. In
determining whether the institution, school, facility, organization,
or agency knew that the alleged abuse was happening, law
enforcement may consider the following:
(1) Whether there have been previous allegations against the
staff member, youth coach, or volunteer.
(2) Whether there are disciplinary records for the staff
member, youth coach, or volunteer.
(3) Whether the institution, school, facility, organization, or
agency properly reported any previous:
(A) allegations against the staff member, youth coach, or
volunteer; or
(B) disciplinary records involving the staff member's,
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youth coach's, or volunteer's inappropriate behavior with
a minor.
Sec. 2. If the appropriate law enforcement agency determines
that an institution, school, facility, organization, or agency knew
that the alleged abuse was happening and failed to report the
alleged abuse, law enforcement shall provide the prosecuting
attorney with a complete written report of the investigation.
SECTION 8. IC 31-33-22-1, AS AMENDED BY P.L.183-2017,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) A person who knowingly fails to make a
report required by IC 31-33-5-1 commits a Class B misdemeanor.
(b) A person who knowingly fails to make a report required by
IC 31-33-5-2 or IC 31-33-5-2.5 commits a Class B misdemeanor. This
penalty is in addition to the penalty imposed by subsection (a).
(c) A criminal investigation does not affect the victim's right to
seek a civil remedy against the person being investigated for a
crime under this section.
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.
HEA 1412 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1412 — Concur