Indiana 2025 Regular Session

Indiana House Bill HB1412 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1412.2
	2	+	Reprinted
	3	+	April 4, 2025
	4	+	ENGROSSED
	5	+	HOUSE BILL No. 1412
	6	+	_____
	7	+	DIGEST OF HB 1412 (Updated April 3, 2025 2:26 pm - DI 148)
	8	+	Citations Affected: IC 12-17.2; IC 25-1; IC 31-9; IC 31-33; IC 31-34.
	9	+	Synopsis: Reporting of child abuse or neglect. Provides that an
	10	+	individual's duty to report suspected child abuse or neglect is may only
	11	+	be delegated to another person if certain conditions are met. Requires
	12	+	that if a report of suspected child abuse or neglect alleges that a staff
	13	+	member, youth coach, or volunteer of an institution, school, facility,
	14	+	organization, or agency is the abuser, law enforcement shall investigate
	15	+	to determine whether the institution, school, facility, organization, or
	16	+	agency knew that the alleged abuse was happening and failed to report
	17	+	the alleged abuse. Allows law enforcement to consider certain facts
	18	+	when determining whether the institution, school, facility, organization,
	19	+	or agency knew about the alleged abuse. Provides that a child is not a
	20	+	child in need of services due to a parent, guardian, or custodian
	21	+	referring to and raising a child consistent with the child's biological
	22	+	sex. Makes conforming changes.
	23	+	Effective: July 1, 2025.
	24	+	Cash, Olthoff, Sweet,
	25	+	Garcia Wilburn
	26	+	(SENATE SPONSORS — GOODE, CRIDER, DERNULC)
	27	+	January 13, 2025, read first time and referred to Committee on Family, Children and
	28	+	Human Affairs.
	29	+	January 30, 2025, amended, reported — Do Pass. Reassigned to Committee on Courts and
	30	+	Criminal Code pursuant to Rule 126.3.
	31	+	February 6, 2025, amended, reported — Do Pass.
	32	+	February 10, 2025, read second time, ordered engrossed.
	33	+	February 11, 2025, engrossed. Read third time, passed. Yeas 91, nays 0.
	34	+	SENATE ACTION
	35	+	February 20, 2025, read first time and referred to Committee on Family and Children
	36	+	Services.
	37	+	March 18, 2025, amended, reported favorably — Do Pass.
	38	+	April 3, 2025, read second time, amended, ordered engrossed.
	39	+	EH 1412—LS 7591/DI 148 Reprinted
	40	+	April 4, 2025
1	41		First Regular Session of the 124th General Assembly (2025)
2	42		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	43		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	44		additions will appear in this style type, and deletions will appear in this style type.
5	45		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	46		provision adopted), the text of the new provision will appear in this style type. Also, the
7	47		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	48		a new provision to the Indiana Code or the Indiana Constitution.
9	49		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	50		between statutes enacted by the 2024 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1412
12		-	AN ACT to amend the Indiana Code concerning family law and
13		-	juvenile law.
	51	+	ENGROSSED
	52	+	HOUSE BILL No. 1412
	53	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	54	+	family law and juvenile law.
14	55		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 12-17.2-3.5-8.5, AS AMENDED BY P.L.183-2017,
16		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2025]: Sec. 8.5. (a) A provider shall provide to all employees
18		-	and volunteers of the provider the written material prepared and made
19		-	available by the division under subsection (c).
20		-	(b) An employee or a volunteer of a provider who has reason to
21		-	believe that a child in the provider's care is a victim of child abuse or
22		-	neglect shall make a report as required under IC 31-33-5.
23		-	(c) The division shall do the following:
24		-	(1) Prepare written material specifying the following:
25		-	(A) The duty to report known or suspected child abuse or
26		-	neglect under IC 31-33-5.
27		-	(B) That knowing failure to make a report required by:
28		-	(i) IC 31-33-5-1; or
29		-	(ii) IC 31-33-5-2; or
30		-	(iii) IC 31-33-5-2.5;
31		-	is a Class B misdemeanor under IC 31-33-22-1.
32		-	(2) Make the written material under subdivision (1) available to
33		-	providers.
34		-	SECTION 2. IC 25-1-9-4, AS AMENDED BY P.L.35-2018,
35		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36		-	HEA 1412 — Concur 2
37		-	JULY 1, 2025]: Sec. 4. (a) A practitioner shall conduct the
38		-	practitioner's practice in accordance with the standards established by
39		-	the board regulating the profession in question and is subject to the
40		-	exercise of the disciplinary sanctions under section 9 of this chapter if,
41		-	after a hearing, the board finds:
42		-	(1) a practitioner has:
43		-	(A) engaged in or knowingly cooperated in fraud or material
44		-	deception in order to obtain a license to practice, including
45		-	cheating on a licensing examination;
46		-	(B) engaged in fraud or material deception in the course of
47		-	professional services or activities;
48		-	(C) advertised services in a false or misleading manner; or
49		-	(D) been convicted of a crime or assessed a civil penalty
50		-	involving fraudulent billing practices, including fraud under:
51		-	(i) Medicaid (42 U.S.C. 1396 et seq.);
52		-	(ii) Medicare (42 U.S.C. 1395 et seq.);
53		-	(iii) the children's health insurance program under
54		-	IC 12-17.6; or
55		-	(iv) insurance claims;
56		-	(2) a practitioner has been convicted of a crime that:
57		-	(A) has a direct bearing on the practitioner's ability to continue
58		-	to practice competently; or
59		-	(B) is harmful to the public;
60		-	(3) a practitioner has knowingly violated any state statute or rule,
61		-	or federal statute or regulation, regulating the profession in
62		-	question;
63		-	(4) a practitioner has continued to practice although the
64		-	practitioner has become unfit to practice due to:
65		-	(A) professional incompetence that:
66		-	(i) may include the undertaking of professional activities
67		-	that the practitioner is not qualified by training or experience
68		-	to undertake; and
69		-	(ii) does not include activities performed under
70		-	IC 16-21-2-9;
71		-	(B) failure to keep abreast of current professional theory or
72		-	practice;
73		-	(C) physical or mental disability; or
74		-	(D) addiction to, abuse of, or severe dependency upon alcohol
75		-	or other drugs that endanger the public by impairing a
76		-	practitioner's ability to practice safely;
77		-	(5) a practitioner has engaged in a course of lewd or immoral
78		-	conduct in connection with the delivery of services to the public;
79		-	HEA 1412 — Concur 3
80		-	(6) a practitioner has allowed the practitioner's name or a license
81		-	issued under this chapter to be used in connection with an
82		-	individual who renders services beyond the scope of that
83		-	individual's training, experience, or competence;
84		-	(7) a practitioner has had disciplinary action taken against the
85		-	practitioner or the practitioner's license to practice in any state or
86		-	jurisdiction on grounds similar to those under this chapter;
87		-	(8) a practitioner has diverted:
88		-	(A) a legend drug (as defined in IC 16-18-2-199); or
89		-	(B) any other drug or device issued under a drug order (as
90		-	defined in IC 16-42-19-3) for another person;
91		-	(9) a practitioner, except as otherwise provided by law, has
92		-	knowingly prescribed, sold, or administered any drug classified
93		-	as a narcotic, addicting, or dangerous drug to a habitue or addict;
94		-	(10) a practitioner has failed to comply with an order imposing a
95		-	sanction under section 9 of this chapter;
96		-	(11) a practitioner has engaged in sexual contact with a patient
97		-	under the practitioner's care or has used the practitioner-patient
98		-	relationship to solicit sexual contact with a patient under the
99		-	practitioner's care;
100		-	(12) a practitioner who is a participating provider of a health
101		-	maintenance organization has knowingly collected or attempted
102		-	to collect from a subscriber or enrollee of the health maintenance
103		-	organization any sums that are owed by the health maintenance
104		-	organization;
105		-	(13) a practitioner has assisted another person in committing an
106		-	act that would be grounds for disciplinary sanctions under this
107		-	chapter; or
108		-	(14) a practitioner has failed to report to the department of child
109		-	services or a local an appropriate law enforcement agency
110		-	suspected child abuse in accordance with IC 31-33-5.
111		-	(b) A practitioner who provides health care services to the
112		-	practitioner's spouse is not subject to disciplinary action under
113		-	subsection (a)(11).
114		-	(c) A certified copy of the record of disciplinary action is conclusive
115		-	evidence of the other jurisdiction's disciplinary action under subsection
116		-	(a)(7).
117		-	SECTION 3. IC 31-9-2-14, AS AMENDED BY P.L.109-2024,
118		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
119		-	JULY 1, 2025]: Sec. 14. (a) "Child abuse or neglect", for purposes of
120		-	IC 31-32-11-1, IC 31-33, IC 31-34-7-4, and IC 31-39-8-4, refers to:
121		-	(1) a child described in IC 31-34-1-1 through IC 31-34-1-5 and
122		-	HEA 1412 — Concur 4
123		-	IC 31-34-1-8 through IC 31-34-1-11, regardless of whether the
124		-	child needs care, treatment, rehabilitation, or the coercive
125		-	intervention of a court; or
126		-	(2) an individual who:
127		-	(A) is at least eighteen (18) years of age but less than
128		-	twenty-one (21) years of age;
129		-	(B) resides, or has previously resided, at a residential facility
130		-	licensed by the department; and
131		-	(C) is harmed or threatened with harm as a result of:
132		-	(i) a battery offense included in IC 35-42-2; or
133		-	(ii) sexual activity (as defined in IC 35-42-4-13(b));
134		-	committed by a member of the staff at the residential facility.
135		-	(b) For purposes of subsection (a), the term under subsection (a)
136		-	does not refer to a child who is alleged to be a victim of a sexual
137		-	offense under IC 35-42-4-3 unless the alleged offense under
138		-	IC 35-42-4-3 involves the fondling or touching of the buttocks,
139		-	genitals, or female breasts, regardless of whether the child needs care,
140		-	treatment, rehabilitation, or the coercive intervention of a court.
141		-	(c) "Child abuse or neglect", for purposes of IC 31-34-2.3, refers to
142		-	acts or omissions by a person against a child as described in
143		-	IC 31-34-1-1 through IC 31-34-1-11, regardless of whether the child
144		-	needs care, treatment, rehabilitation, or the coercive intervention of a
145		-	court.
146		-	(d) "Child abuse or neglect" does not include raising or
147		-	referring to a child in a manner consistent with the child's
148		-	biological sex.
149		-	SECTION 4. IC 31-33-5-2, AS AMENDED BY P.L.183-2017,
	56	+	1 SECTION 1. IC 12-17.2-3.5-8.5, AS AMENDED BY P.L.183-2017,
	57	+	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	58	+	3 JULY 1, 2025]: Sec. 8.5. (a) A provider shall provide to all employees
	59	+	4 and volunteers of the provider the written material prepared and made
	60	+	5 available by the division under subsection (c).
	61	+	6 (b) An employee or a volunteer of a provider who has reason to
	62	+	7 believe that a child in the provider's care is a victim of child abuse or
	63	+	8 neglect shall make a report as required under IC 31-33-5.
	64	+	9 (c) The division shall do the following:
	65	+	10 (1) Prepare written material specifying the following:
	66	+	11 (A) The duty to report known or suspected child abuse or
	67	+	12 neglect under IC 31-33-5.
	68	+	13 (B) That knowing failure to make a report required by:
	69	+	14 (i) IC 31-33-5-1; or
	70	+	15 (ii) IC 31-33-5-2; or
	71	+	16 (iii) IC 31-33-5-2.5;
	72	+	17 is a Class B misdemeanor under IC 31-33-22-1.
	73	+	EH 1412—LS 7591/DI 148 2
	74	+	1 (2) Make the written material under subdivision (1) available to
	75	+	2 providers.
	76	+	3 SECTION 2. IC 25-1-9-4, AS AMENDED BY P.L.35-2018,
	77	+	4 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	78	+	5 JULY 1, 2025]: Sec. 4. (a) A practitioner shall conduct the
	79	+	6 practitioner's practice in accordance with the standards established by
	80	+	7 the board regulating the profession in question and is subject to the
	81	+	8 exercise of the disciplinary sanctions under section 9 of this chapter if,
	82	+	9 after a hearing, the board finds:
	83	+	10 (1) a practitioner has:
	84	+	11 (A) engaged in or knowingly cooperated in fraud or material
	85	+	12 deception in order to obtain a license to practice, including
	86	+	13 cheating on a licensing examination;
	87	+	14 (B) engaged in fraud or material deception in the course of
	88	+	15 professional services or activities;
	89	+	16 (C) advertised services in a false or misleading manner; or
	90	+	17 (D) been convicted of a crime or assessed a civil penalty
	91	+	18 involving fraudulent billing practices, including fraud under:
	92	+	19 (i) Medicaid (42 U.S.C. 1396 et seq.);
	93	+	20 (ii) Medicare (42 U.S.C. 1395 et seq.);
	94	+	21 (iii) the children's health insurance program under
	95	+	22 IC 12-17.6; or
	96	+	23 (iv) insurance claims;
	97	+	24 (2) a practitioner has been convicted of a crime that:
	98	+	25 (A) has a direct bearing on the practitioner's ability to continue
	99	+	26 to practice competently; or
	100	+	27 (B) is harmful to the public;
	101	+	28 (3) a practitioner has knowingly violated any state statute or rule,
	102	+	29 or federal statute or regulation, regulating the profession in
	103	+	30 question;
	104	+	31 (4) a practitioner has continued to practice although the
	105	+	32 practitioner has become unfit to practice due to:
	106	+	33 (A) professional incompetence that:
	107	+	34 (i) may include the undertaking of professional activities
	108	+	35 that the practitioner is not qualified by training or experience
	109	+	36 to undertake; and
	110	+	37 (ii) does not include activities performed under
	111	+	38 IC 16-21-2-9;
	112	+	39 (B) failure to keep abreast of current professional theory or
	113	+	40 practice;
	114	+	41 (C) physical or mental disability; or
	115	+	42 (D) addiction to, abuse of, or severe dependency upon alcohol
	116	+	EH 1412—LS 7591/DI 148 3
	117	+	1 or other drugs that endanger the public by impairing a
	118	+	2 practitioner's ability to practice safely;
	119	+	3 (5) a practitioner has engaged in a course of lewd or immoral
	120	+	4 conduct in connection with the delivery of services to the public;
	121	+	5 (6) a practitioner has allowed the practitioner's name or a license
	122	+	6 issued under this chapter to be used in connection with an
	123	+	7 individual who renders services beyond the scope of that
	124	+	8 individual's training, experience, or competence;
	125	+	9 (7) a practitioner has had disciplinary action taken against the
	126	+	10 practitioner or the practitioner's license to practice in any state or
	127	+	11 jurisdiction on grounds similar to those under this chapter;
	128	+	12 (8) a practitioner has diverted:
	129	+	13 (A) a legend drug (as defined in IC 16-18-2-199); or
	130	+	14 (B) any other drug or device issued under a drug order (as
	131	+	15 defined in IC 16-42-19-3) for another person;
	132	+	16 (9) a practitioner, except as otherwise provided by law, has
	133	+	17 knowingly prescribed, sold, or administered any drug classified
	134	+	18 as a narcotic, addicting, or dangerous drug to a habitue or addict;
	135	+	19 (10) a practitioner has failed to comply with an order imposing a
	136	+	20 sanction under section 9 of this chapter;
	137	+	21 (11) a practitioner has engaged in sexual contact with a patient
	138	+	22 under the practitioner's care or has used the practitioner-patient
	139	+	23 relationship to solicit sexual contact with a patient under the
	140	+	24 practitioner's care;
	141	+	25 (12) a practitioner who is a participating provider of a health
	142	+	26 maintenance organization has knowingly collected or attempted
	143	+	27 to collect from a subscriber or enrollee of the health maintenance
	144	+	28 organization any sums that are owed by the health maintenance
	145	+	29 organization;
	146	+	30 (13) a practitioner has assisted another person in committing an
	147	+	31 act that would be grounds for disciplinary sanctions under this
	148	+	32 chapter; or
	149	+	33 (14) a practitioner has failed to report to the department of child
	150	+	34 services or a local an appropriate law enforcement agency
	151	+	35 suspected child abuse in accordance with IC 31-33-5.
	152	+	36 (b) A practitioner who provides health care services to the
	153	+	37 practitioner's spouse is not subject to disciplinary action under
	154	+	38 subsection (a)(11).
	155	+	39 (c) A certified copy of the record of disciplinary action is conclusive
	156	+	40 evidence of the other jurisdiction's disciplinary action under subsection
	157	+	41 (a)(7).
	158	+	42 SECTION 3. IC 31-9-2-14, AS AMENDED BY P.L.109-2024,
	159	+	EH 1412—LS 7591/DI 148 4
	160	+	1 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	161	+	2 JULY 1, 2025]: Sec. 14. (a) "Child abuse or neglect", for purposes of
	162	+	3 IC 31-32-11-1, IC 31-33, IC 31-34-7-4, and IC 31-39-8-4, refers to:
	163	+	4 (1) a child described in IC 31-34-1-1 through IC 31-34-1-5 and
	164	+	5 IC 31-34-1-8 through IC 31-34-1-11, regardless of whether the
	165	+	6 child needs care, treatment, rehabilitation, or the coercive
	166	+	7 intervention of a court; or
	167	+	8 (2) an individual who:
	168	+	9 (A) is at least eighteen (18) years of age but less than
	169	+	10 twenty-one (21) years of age;
	170	+	11 (B) resides, or has previously resided, at a residential facility
	171	+	12 licensed by the department; and
	172	+	13 (C) is harmed or threatened with harm as a result of:
	173	+	14 (i) a battery offense included in IC 35-42-2; or
	174	+	15 (ii) sexual activity (as defined in IC 35-42-4-13(b));
	175	+	16 committed by a member of the staff at the residential facility.
	176	+	17 (b) For purposes of subsection (a), the term under subsection (a)
	177	+	18 does not refer to a child who is alleged to be a victim of a sexual
	178	+	19 offense under IC 35-42-4-3 unless the alleged offense under
	179	+	20 IC 35-42-4-3 involves the fondling or touching of the buttocks,
	180	+	21 genitals, or female breasts, regardless of whether the child needs care,
	181	+	22 treatment, rehabilitation, or the coercive intervention of a court.
	182	+	23 (c) "Child abuse or neglect", for purposes of IC 31-34-2.3, refers to
	183	+	24 acts or omissions by a person against a child as described in
	184	+	25 IC 31-34-1-1 through IC 31-34-1-11, regardless of whether the child
	185	+	26 needs care, treatment, rehabilitation, or the coercive intervention of a
	186	+	27 court.
	187	+	28 (d) "Child abuse or neglect" does not include raising or
	188	+	29 referring to a child in a manner consistent with the child's
	189	+	30 biological sex.
	190	+	31 SECTION 4. IC 31-33-5-2, AS AMENDED BY P.L.183-2017,
	191	+	32 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	192	+	33 JULY 1, 2025]: Sec. 2. (a) This section does not apply to an individual
	193	+	34 required to make a report under this article in the individual's capacity
	194	+	35 as a member of the staff of a hospital licensed under IC 16-21-2. An
	195	+	36 individual required to make a report under this article in the
	196	+	37 individual's capacity as a member of the staff of a hospital licensed
	197	+	38 under IC 16-21-2 is subject to section 2.5 of this chapter.
	198	+	39 (b) (a) If an individual is required to make a report under this article
	199	+	40 in the individual's capacity as a member of the staff of a medical or
	200	+	41 other public or private institution, school, facility, organization, or
	201	+	42 agency, the individual shall immediately make a report to:
	202	+	EH 1412—LS 7591/DI 148 5
	203	+	1 (1) the department; or
	204	+	2 (2) the local appropriate law enforcement agency.
	205	+	3 The individual does not have discretion to decide not to report
	206	+	4 known or suspected child abuse or neglect, unless a report has
	207	+	5 already been made and documented by the individual in charge
	208	+	6 under subsection (d).
	209	+	7 (b) An individual required to make a report of known or
	210	+	8 suspected child abuse or neglect may not delegate the duty to make
	211	+	9 the report to another individual, unless:
	212	+	10 (1) the individual to whom the duty is being delegated is part
	213	+	11 of the child's care team and has personally been involved in
	214	+	12 the child's care; and
	215	+	13 (2) the notification of suspected child abuse or neglect made
	216	+	14 to the individual described in subdivision (1) is in writing.
	217	+	15 (c) The individual described in subsection (b)(1) shall
	218	+	16 immediately report the suspected child abuse or neglect to the
	219	+	17 appropriate law enforcement agency or the department. As soon
	220	+	18 as possible after making the report to law enforcement or the
	221	+	19 department, the individual described in subsection (b)(1) shall do
	222	+	20 the following:
	223	+	21 (1) Record in writing that they were notified of suspected
	224	+	22 child abuse or neglect, including the identity of the person
	225	+	23 who notified them, the date and time that they received the
	226	+	24 notification, and the date and time that they reported the
	227	+	25 suspected child abuse or neglect to law enforcement or the
	228	+	26 department of child services.
	229	+	27 (2) Place or cause to be placed in the child's medical file:
	230	+	28 (A) the details included in the report to law enforcement or
	231	+	29 the department of child services, including the date and
	232	+	30 time;
	233	+	31 (B) the condition of the child at the time the report was
	234	+	32 made, if known; and
	235	+	33 (C) any other relevant and necessary information.
	236	+	34 (d) After making the report, the individual required to make the
	237	+	35 report and the individual described in subsection (b)(1) shall notify
	238	+	36 the individual in charge of the institution, school, facility,
	239	+	37 organization, or agency or the designated agent of the individual in
	240	+	38 charge of the institution, school, facility, organization, or agency that
	241	+	39 the report was made.
	242	+	40 SECTION 5. IC 31-33-5-2.5 IS REPEALED [EFFECTIVE JULY
	243	+	41 1, 2025]. Sec. 2.5. (a) This section applies only to an individual
	244	+	42 required to make a report under this article in the individual's capacity
	245	+	EH 1412—LS 7591/DI 148 6
	246	+	1 as a member of the staff of a hospital licensed under IC 16-21-2.
	247	+	2 (b) If an individual is required to make a report under this article in
	248	+	3 the individual's capacity as a member of the staff of a hospital licensed
	249	+	4 under IC 16-21-2, the individual shall immediately notify the individual
	250	+	5 in charge of the hospital or the designated agent of the individual in
	251	+	6 charge of the hospital.
	252	+	7 (c) An individual notified under subsection (b) shall immediately
	253	+	8 report or cause a report to be made to:
	254	+	9 (1) the department; or
	255	+	10 (2) the local law enforcement agency.
	256	+	11 SECTION 6. IC 31-33-5-4, AS AMENDED BY P.L.183-2017,
	257	+	12 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	258	+	13 JULY 1, 2025]: Sec. 4. (a) Except as provided in subsection (b), a
	259	+	14 person who has a duty under this chapter to report that a child may be
	260	+	15 a victim of child abuse or neglect shall immediately make an oral or
	261	+	16 written report to:
	262	+	17 (1) the department; or
	263	+	18 (2) the local appropriate law enforcement agency.
	264	+	19 (b) A person who has a duty under section 2(c) of this chapter
	265	+	20 to report that a child may be a victim of child abuse or neglect shall
	266	+	21 immediately make an oral or written report to:
	267	+	22 (1) the department; or
	268	+	23 (2) the appropriate law enforcement agency.
	269	+	24 SECTION 7. IC 31-33-8.5 IS ADDED TO THE INDIANA CODE
	270	+	25 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	271	+	26 JULY 1, 2025]:
	272	+	27 Chapter 8.5. Investigation of a School, Facility, or Organization
	273	+	28 Sec. 1. If a report made under IC 31-33-5 alleges that a staff
	274	+	29 member, youth coach, or volunteer of an institution, school,
	275	+	30 facility, organization, or agency is the abuser, the appropriate law
	276	+	31 enforcement agency shall investigate the institution, school, facility,
	277	+	32 organization, or agency to determine whether the institution,
	278	+	33 school, facility, organization, or agency knew that the alleged abuse
	279	+	34 was happening and failed to report the alleged abuse. In
	280	+	35 determining whether the institution, school, facility, organization,
	281	+	36 or agency knew that the alleged abuse was happening, law
	282	+	37 enforcement may consider the following:
	283	+	38 (1) Whether there have been previous allegations against the
	284	+	39 staff member, youth coach, or volunteer.
	285	+	40 (2) Whether there are disciplinary records for the staff
	286	+	41 member, youth coach, or volunteer.
	287	+	42 (3) Whether the institution, school, facility, organization, or
	288	+	EH 1412—LS 7591/DI 148 7
	289	+	1 agency properly reported any previous:
	290	+	2 (A) allegations against the staff member, youth coach, or
	291	+	3 volunteer; or
	292	+	4 (B) disciplinary records involving the staff member's,
	293	+	5 youth coach's, or volunteer's inappropriate behavior with
	294	+	6 a minor.
	295	+	7 Sec. 2. If the appropriate law enforcement agency determines
	296	+	8 that an institution, school, facility, organization, or agency knew
	297	+	9 that the alleged abuse was happening and failed to report the
	298	+	10 alleged abuse, law enforcement shall provide the prosecuting
	299	+	11 attorney with a complete written report of the investigation.
	300	+	12 SECTION 8. IC 31-33-22-1, AS AMENDED BY P.L.183-2017,
	301	+	13 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	302	+	14 JULY 1, 2025]: Sec. 1. (a) A person who knowingly fails to make a
	303	+	15 report required by IC 31-33-5-1 commits a Class B misdemeanor.
	304	+	16 (b) A person who knowingly fails to make a report required by
	305	+	17 IC 31-33-5-2 or IC 31-33-5-2.5 commits a Class B misdemeanor. This
	306	+	18 penalty is in addition to the penalty imposed by subsection (a).
	307	+	19 (c) A criminal investigation does not affect the victim's right to
	308	+	20 seek a civil remedy against the person being investigated for a
	309	+	21 crime under this section.
	310	+	22 SECTION 9. IC 31-34-1-17 IS ADDED TO THE INDIANA CODE
	311	+	23 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	312	+	24 1, 2025]: Sec. 17. A child is not a child in need of services under any
	313	+	25 section of this chapter due to the child's parent, guardian, or
	314	+	26 custodian referring to and raising the child consistent with the
	315	+	27 child's biological sex.
	316	+	EH 1412—LS 7591/DI 148 8
	317	+	COMMITTEE REPORT
	318	+	Mr. Speaker: Your Committee on Family, Children and Human
	319	+	Affairs, to which was referred House Bill 1412, has had the same under
	320	+	consideration and begs leave to report the same back to the House with
	321	+	the recommendation that said bill be amended as follows:
	322	+	Page 6, line 31, delete "neglect." and insert "neglect, unless a
	323	+	report has already been made and documented by the individual
	324	+	in charge under subsection (d).".
	325	+	Page 6, line 34, delete "individual." and insert "individual, unless
	326	+	the individual to whom the duty is being delegated is part of the
	327	+	child's care team and has personally provided care to the child.".
	328	+	Page 7, line 3, delete "neglect." and insert "neglect, unless a report
	329	+	has already been made and documented in the child's medical
	330	+	file.".
	331	+	and when so amended that said bill do pass.
	332	+	(Reference is to HB 1412 as introduced.)
	333	+	DEVON
	334	+	Committee Vote: yeas 12, nays 0.
	335	+	_____
	336	+	COMMITTEE REPORT
	337	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	338	+	which was referred House Bill 1412, has had the same under
	339	+	consideration and begs leave to report the same back to the House with
	340	+	the recommendation that said bill be amended as follows:
	341	+	Page 1, delete lines 1 through 17.
	342	+	Delete page 2.
	343	+	Page 3, delete lines 1 through 38.
	344	+	Page 6, line 5, reset in roman "or".
	345	+	Page 6, line 5, delete "and".
	346	+	Page 6, line 5, strike "a local" and insert "an appropriate".
	347	+	Page 6, line 5, delete "in Indiana".
	348	+	Page 6, delete lines 13 through 42, begin a new paragraph and
	349	+	insert:
	350	+	"SECTION 4. IC 31-33-5-2, AS AMENDED BY P.L.183-2017,
150	351		SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	352	+	EH 1412—LS 7591/DI 148 9
151	353		JULY 1, 2025]: Sec. 2. (a) This section does not apply to an individual
152	354		required to make a report under this article in the individual's capacity
153	355		as a member of the staff of a hospital licensed under IC 16-21-2. An
154	356		individual required to make a report under this article in the
155	357		individual's capacity as a member of the staff of a hospital licensed
156	358		under IC 16-21-2 is subject to section 2.5 of this chapter.
157	359		(b) (a) If an individual is required to make a report under this article
158	360		in the individual's capacity as a member of the staff of a medical or
159	361		other public or private institution, school, facility, organization, or
160	362		agency, the individual shall immediately make a report to:
161	363		(1) the department; or
162	364		(2) the local appropriate law enforcement agency.
163	365		The individual does not have discretion to decide not to report
164	366		known or suspected child abuse or neglect, unless a report has
165		-	HEA 1412 — Concur 5
166	367		already been made and documented by the individual in charge
167	368		under subsection (d).
168	369		(b) An individual required to make a report of known or
169	370		suspected child abuse or neglect may not delegate the duty to make
170	371		the report to another individual, unless:
171	372		(1) the individual to whom the duty is being delegated is part
172	373		of the child's care team and has personally been involved in
173	374		the child's care; and
174	375		(2) the notification of suspected child abuse or neglect made
175	376		to the individual described in subdivision (1) is in writing.
176	377		(c) The individual described in subsection (b)(1) shall
177	378		immediately report the suspected child abuse or neglect to the
178	379		appropriate law enforcement agency or the department. As soon
179	380		as possible after making the report to law enforcement or the
180	381		department, the individual described in subsection (b)(1) shall do
181	382		the following:
182	383		(1) Record in writing that they were notified of suspected
183	384		child abuse or neglect, including the identity of the person
184	385		who notified them, the date and time that they received the
185	386		notification, and the date and time that they reported the
186	387		suspected child abuse or neglect to law enforcement or the
187	388		department of child services.
188	389		(2) Place or cause to be placed in the child's medical file:
189	390		(A) the details included in the report to law enforcement or
190	391		the department of child services, including the date and
191	392		time;
192	393		(B) the condition of the child at the time the report was
193	394		made, if known; and
	395	+	EH 1412—LS 7591/DI 148 10
194	396		(C) any other relevant and necessary information.
195	397		(d) After making the report, the individual required to make the
196	398		report and the individual described in subsection (b)(1) shall notify
197	399		the individual in charge of the institution, school, facility,
198	400		organization, or agency or the designated agent of the individual in
199	401		charge of the institution, school, facility, organization, or agency that
200		-	the report was made.
201		-	SECTION 5. IC 31-33-5-2.5 IS REPEALED [EFFECTIVE JULY
202		-	1, 2025]. Sec. 2.5. (a) This section applies only to an individual
203		-	required to make a report under this article in the individual's capacity
204		-	as a member of the staff of a hospital licensed under IC 16-21-2.
205		-	(b) If an individual is required to make a report under this article in
206		-	the individual's capacity as a member of the staff of a hospital licensed
207		-	under IC 16-21-2, the individual shall immediately notify the individual
208		-	HEA 1412 — Concur 6
209		-	in charge of the hospital or the designated agent of the individual in
210		-	charge of the hospital.
211		-	(c) An individual notified under subsection (b) shall immediately
212		-	report or cause a report to be made to:
213		-	(1) the department; or
214		-	(2) the local law enforcement agency.
215		-	SECTION 6. IC 31-33-5-4, AS AMENDED BY P.L.183-2017,
216		-	SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
217		-	JULY 1, 2025]: Sec. 4. (a) Except as provided in subsection (b), a
218		-	person who has a duty under this chapter to report that a child may be
219		-	a victim of child abuse or neglect shall immediately make an oral or
220		-	written report to:
221		-	(1) the department; or
222		-	(2) the local appropriate law enforcement agency.
223		-	(b) A person who has a duty under section 2(c) of this chapter
224		-	to report that a child may be a victim of child abuse or neglect shall
225		-	immediately make an oral or written report to:
226		-	(1) the department; or
227		-	(2) the appropriate law enforcement agency.
228		-	SECTION 7. IC 31-33-8.5 IS ADDED TO THE INDIANA CODE
229		-	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
230		-	JULY 1, 2025]:
231		-	Chapter 8.5. Investigation of a School, Facility, or Organization
232		-	Sec. 1. If a report made under IC 31-33-5 alleges that a staff
233		-	member, youth coach, or volunteer of an institution, school,
234		-	facility, organization, or agency is the abuser, the appropriate law
235		-	enforcement agency shall investigate the institution, school, facility,
236		-	organization, or agency to determine whether the institution,
237		-	school, facility, organization, or agency knew that the alleged abuse
238		-	was happening and failed to report the alleged abuse. In
239		-	determining whether the institution, school, facility, organization,
240		-	or agency knew that the alleged abuse was happening, law
241		-	enforcement may consider the following:
242		-	(1) Whether there have been previous allegations against the
243		-	staff member, youth coach, or volunteer.
244		-	(2) Whether there are disciplinary records for the staff
245		-	member, youth coach, or volunteer.
246		-	(3) Whether the institution, school, facility, organization, or
247		-	agency properly reported any previous:
248		-	(A) allegations against the staff member, youth coach, or
249		-	volunteer; or
250		-	(B) disciplinary records involving the staff member's,
251		-	HEA 1412 — Concur 7
252		-	youth coach's, or volunteer's inappropriate behavior with
253		-	a minor.
254		-	Sec. 2. If the appropriate law enforcement agency determines
255		-	that an institution, school, facility, organization, or agency knew
256		-	that the alleged abuse was happening and failed to report the
257		-	alleged abuse, law enforcement shall provide the prosecuting
258		-	attorney with a complete written report of the investigation.
259		-	SECTION 8. IC 31-33-22-1, AS AMENDED BY P.L.183-2017,
260		-	SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
261		-	JULY 1, 2025]: Sec. 1. (a) A person who knowingly fails to make a
262		-	report required by IC 31-33-5-1 commits a Class B misdemeanor.
263		-	(b) A person who knowingly fails to make a report required by
264		-	IC 31-33-5-2 or IC 31-33-5-2.5 commits a Class B misdemeanor. This
265		-	penalty is in addition to the penalty imposed by subsection (a).
266		-	(c) A criminal investigation does not affect the victim's right to
267		-	seek a civil remedy against the person being investigated for a
268		-	crime under this section.
269		-	SECTION 9. IC 31-34-1-17 IS ADDED TO THE INDIANA CODE
	402	+	the report was made.".
	403	+	Page 7, delete lines 1 through 13.
	404	+	Page 7, line 34, strike "local" and insert "appropriate".
	405	+	Page 7, line 34, delete "agency in Indiana based on the" and insert
	406	+	"agency.".
	407	+	Page 7, delete lines 35 through 36.
	408	+	Page 7, line 40, delete "and" and insert "or".
	409	+	Page 7, line 41, delete "local" and insert "appropriate".
	410	+	Page 7, line 41, delete "agency in Indiana based on the" and insert
	411	+	"agency.".
	412	+	Page 7, delete line 42.
	413	+	Page 8, delete line 1.
	414	+	Page 8, line 38, after " misdemeanor." insert "However, the offense
	415	+	is a Level 6 felony if the person has a prior unrelated conviction for
	416	+	a violation of this section.".
	417	+	Renumber all SECTIONS consecutively.
	418	+	and when so amended that said bill do pass.
	419	+	(Reference is to HB 1412 as printed January 30, 2025.)
	420	+	MCNAMARA
	421	+	Committee Vote: yeas 13, nays 0.
	422	+	_____
	423	+	COMMITTEE REPORT
	424	+	Mr. President: The Senate Committee on Family and Children
	425	+	Services, to which was referred House Bill No. 1412, has had the same
	426	+	under consideration and begs leave to report the same back to the
	427	+	Senate with the recommendation that said bill be AMENDED as
	428	+	follows:
	429	+	Page 3, between lines 41 and 42, begin a new paragraph and insert:
	430	+	"SECTION 3. IC 31-9-2-14, AS AMENDED BY P.L.109-2024,
	431	+	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	432	+	EH 1412—LS 7591/DI 148 11
	433	+	JULY 1, 2025]: Sec. 14. (a) "Child abuse or neglect", for purposes of
	434	+	IC 31-32-11-1, IC 31-33, IC 31-34-7-4, and IC 31-39-8-4, refers to:
	435	+	(1) a child described in IC 31-34-1-1 through IC 31-34-1-5 and
	436	+	IC 31-34-1-8 through IC 31-34-1-11, regardless of whether the
	437	+	child needs care, treatment, rehabilitation, or the coercive
	438	+	intervention of a court; or
	439	+	(2) an individual who:
	440	+	(A) is at least eighteen (18) years of age but less than
	441	+	twenty-one (21) years of age;
	442	+	(B) resides, or has previously resided, at a residential facility
	443	+	licensed by the department; and
	444	+	(C) is harmed or threatened with harm as a result of:
	445	+	(i) a battery offense included in IC 35-42-2; or
	446	+	(ii) sexual activity (as defined in IC 35-42-4-13(b));
	447	+	committed by a member of the staff at the residential facility.
	448	+	(b) For purposes of subsection (a), the term under subsection (a)
	449	+	does not refer to a child who is alleged to be a victim of a sexual
	450	+	offense under IC 35-42-4-3 unless the alleged offense under
	451	+	IC 35-42-4-3 involves the fondling or touching of the buttocks,
	452	+	genitals, or female breasts, regardless of whether the child needs care,
	453	+	treatment, rehabilitation, or the coercive intervention of a court.
	454	+	(c) "Child abuse or neglect", for purposes of IC 31-34-2.3, refers to
	455	+	acts or omissions by a person against a child as described in
	456	+	IC 31-34-1-1 through IC 31-34-1-11, regardless of whether the child
	457	+	needs care, treatment, rehabilitation, or the coercive intervention of a
	458	+	court.
	459	+	(d) "Child abuse or neglect" does not include raising or
	460	+	referring to a child in a manner consistent with the child's
	461	+	biological sex.".
	462	+	Page 6, after line 34, begin a new paragraph and insert:
	463	+	"SECTION 9. IC 31-34-1-17 IS ADDED TO THE INDIANA CODE
270	464		AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
271	465		1, 2025]: Sec. 17. A child is not a child in need of services under any
272	466		section of this chapter due to the child's parent, guardian, or
273	467		custodian referring to and raising the child consistent with the
274		-	child's biological sex.
275		-	HEA 1412 — Concur Speaker of the House of Representatives
276		-	President of the Senate
277		-	President Pro Tempore
278		-	Governor of the State of Indiana
279		-	Date: Time:
280		-	HEA 1412 — Concur
	468	+	child's biological sex.".
	469	+	Renumber all SECTIONS consecutively.
	470	+	and when so amended that said bill do pass.
	471	+	EH 1412—LS 7591/DI 148 12
	472	+	(Reference is to HB 1412 as printed February 6, 2025.)
	473	+	WALKER G, Chairperson
	474	+	Committee Vote: Yeas 6, Nays 0.
	475	+	_____
	476	+	SENATE MOTION
	477	+	Mr. President: I move that Engrossed House Bill 1412 be amended
	478	+	to read as follows:
	479	+	Page 1, line 17, reset in roman "Class B".
	480	+	Page 1, line 17, delete "Class A".
	481	+	Page 7, line 17, reset in roman "Class B".
	482	+	Page 7, line 17, delete "Class A".
	483	+	Page 7, line 18, delete "However, the offense is a Level 6 felony if
	484	+	the person".
	485	+	Page 7, line 19, delete "has a prior unrelated conviction for a
	486	+	violation of this section.".
	487	+	Renumber all SECTIONS consecutively.
	488	+	(Reference is to EHB 1412 as printed March 19, 2025.)
	489	+	JOHNSON T
	490	+	_____
	491	+	SENATE MOTION
	492	+	Mr. President: I move that Engrossed House Bill 1412 be amended
	493	+	to read as follows:
	494	+	Page 6, line 30, delete "local law" and insert "the appropriate law
	495	+	enforcement agency".
	496	+	Page 6, line 31, delete "enforcement".
	497	+	Page 6, line 36, delete "local".
	498	+	Page 7, line 7, delete "local law enforcement" and insert "the
	499	+	appropriate law enforcement agency".
	500	+	Page 7, line 9, delete "local".
	501	+	(Reference is to EHB 1412 as printed March 19, 2025.)
	502	+	YOUNG M
	503	+	EH 1412—LS 7591/DI 148