1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | SENATE BILL No. 205 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 4-6; IC 4-13; IC 16-49-4; IC 31-25-5-1; |
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7 | 7 | | IC 31-27; IC 31-33; IC 31-39; IC 34-30-2.1. |
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8 | 8 | | Synopsis: Department of child services ombudsman. Transfers the |
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9 | 9 | | office of the department of child services ombudsman from the |
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10 | 10 | | department of administration to the office of the attorney general. |
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11 | 11 | | Effective: July 1, 2025. |
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12 | 12 | | Tomes |
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13 | 13 | | January 8, 2025, read first time and referred to Committee on Family and Children |
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14 | 14 | | Services. |
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15 | 15 | | 2025 IN 205—LS 6311/DI 119 Introduced |
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16 | 16 | | First Regular Session of the 124th General Assembly (2025) |
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17 | 17 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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18 | 18 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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19 | 19 | | additions will appear in this style type, and deletions will appear in this style type. |
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20 | 20 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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21 | 21 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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22 | 22 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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23 | 23 | | a new provision to the Indiana Code or the Indiana Constitution. |
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24 | 24 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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25 | 25 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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26 | 26 | | SENATE BILL No. 205 |
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27 | 27 | | A BILL FOR AN ACT to amend the Indiana Code concerning state |
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28 | 28 | | offices and administration. |
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29 | 29 | | Be it enacted by the General Assembly of the State of Indiana: |
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30 | 30 | | 1 SECTION 1. IC 4-6-2-13 IS ADDED TO THE INDIANA CODE |
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31 | 31 | | 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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32 | 32 | | 3 1, 2025]: Sec. 13. The attorney general shall: |
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33 | 33 | | 4 (1) administer; and |
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34 | 34 | | 5 (2) determine salaries and other personnel matters of; |
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35 | 35 | | 6 the office of the department of child services ombudsman |
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36 | 36 | | 7 established by IC 4-6-17-4. |
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37 | 37 | | 8 SECTION 2. IC 4-6-17 IS ADDED TO THE INDIANA CODE AS |
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38 | 38 | | 9 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY |
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39 | 39 | | 10 1, 2025]: |
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40 | 40 | | 11 Chapter 17. Department of Child Services Ombudsman |
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41 | 41 | | 12 Sec. 1. As used in this chapter, "child" means a person who: |
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42 | 42 | | 13 (1) is less than eighteen (18) years of age; |
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43 | 43 | | 14 (2) is at least eighteen (18) years of age at the time a complaint |
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44 | 44 | | 15 is made but was less than eighteen (18) years of age at the |
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45 | 45 | | 16 time of the alleged act or omission that is the subject of the |
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46 | 46 | | 17 complaint; or |
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47 | 47 | | 2025 IN 205—LS 6311/DI 119 2 |
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48 | 48 | | 1 (3) is at least eighteen (18) years of age but has been under the |
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49 | 49 | | 2 continuing jurisdiction of a juvenile court based upon an |
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50 | 50 | | 3 informal adjustment, child in need of services action under |
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51 | 51 | | 4 IC 31-34, or termination of parental rights action under |
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52 | 52 | | 5 IC 31-35 since becoming eighteen (18) years of age. |
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53 | 53 | | 6 Sec. 2. As used in this chapter, "office" refers to the office of the |
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54 | 54 | | 7 department of child services ombudsman established by section 4 |
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55 | 55 | | 8 of this chapter. |
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56 | 56 | | 9 Sec. 3. As used in this chapter, "ombudsman" means the person |
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57 | 57 | | 10 appointed by the governor to serve as the department of child |
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58 | 58 | | 11 services ombudsman under section 5 of this chapter. |
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59 | 59 | | 12 Sec. 4. The office of the department of child services |
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60 | 60 | | 13 ombudsman is established as a separate bureau within the office of |
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61 | 61 | | 14 the attorney general. |
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62 | 62 | | 15 Sec. 5. (a) The governor shall appoint the ombudsman. |
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63 | 63 | | 16 (b) The ombudsman serves at the pleasure of the governor. |
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64 | 64 | | 17 (c) The individual appointed as ombudsman must: |
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65 | 65 | | 18 (1) be an attorney licensed to practice law in Indiana or a |
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66 | 66 | | 19 social worker with at least a master's degree; and |
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67 | 67 | | 20 (2) have significant experience or education in child |
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68 | 68 | | 21 development and child advocacy, including at least two (2) |
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69 | 69 | | 22 years of experience working with cases of child abuse and |
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70 | 70 | | 23 neglect. |
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71 | 71 | | 24 (d) An individual may not be appointed as ombudsman if the |
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72 | 72 | | 25 individual has been employed by the department of child services |
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73 | 73 | | 26 at any time during the preceding twelve (12) months. |
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74 | 74 | | 27 (e) The governor shall appoint a successor ombudsman not later |
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75 | 75 | | 28 than thirty (30) days after a vacancy occurs in the position of |
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76 | 76 | | 29 ombudsman. |
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77 | 77 | | 30 Sec. 6. (a) The ombudsman reports directly to the attorney |
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78 | 78 | | 31 general. |
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79 | 79 | | 32 (b) The office: |
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80 | 80 | | 33 (1) shall employ at least two (2) full-time employees to assist |
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81 | 81 | | 34 the ombudsman with receiving, investigating, and attempting |
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82 | 82 | | 35 to resolve complaints described in section 7 of this chapter; |
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83 | 83 | | 36 and |
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84 | 84 | | 37 (2) may employ technical experts and other employees to |
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85 | 85 | | 38 carry out the purposes of this chapter. |
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86 | 86 | | 39 (c) The office may not employ an individual if the individual has |
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87 | 87 | | 40 been employed by the department of child services during the |
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88 | 88 | | 41 preceding twelve (12) months. |
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89 | 89 | | 42 (d) The ombudsman and any other person employed by the |
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90 | 90 | | 2025 IN 205—LS 6311/DI 119 3 |
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91 | 91 | | 1 office or authorized by the ombudsman to act on behalf of the |
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92 | 92 | | 2 office: |
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93 | 93 | | 3 (1) shall submit to the same criminal history and background |
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94 | 94 | | 4 checks, to be performed by the department of child services, |
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95 | 95 | | 5 that are required for department of child services family case |
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96 | 96 | | 6 managers; and |
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97 | 97 | | 7 (2) are subject to disqualification for employment criteria in |
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98 | 98 | | 8 the same manner as department of child services family case |
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99 | 99 | | 9 managers. |
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100 | 100 | | 10 Sec. 7. (a) The office may receive, investigate, and attempt to |
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101 | 101 | | 11 resolve complaints alleging that the department of child services, |
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102 | 102 | | 12 by an action or omission occurring on or after January 11, 2005, |
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103 | 103 | | 13 failed to protect the physical or mental health or safety of any child |
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104 | 104 | | 14 or failed to follow specific laws, rules, or written policies. |
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105 | 105 | | 15 (b) The office may also do the following: |
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106 | 106 | | 16 (1) Take action, including by establishing a program of public |
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107 | 107 | | 17 education, to secure and ensure the legal rights of children. |
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108 | 108 | | 18 (2) When appropriate, refer a person making a report of child |
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109 | 109 | | 19 abuse or neglect to the department of child services and, if |
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110 | 110 | | 20 appropriate, to an appropriate law enforcement agency. |
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111 | 111 | | 21 (3) Recommend changes in procedures for investigating |
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112 | 112 | | 22 reports of abuse and neglect and overseeing the welfare of |
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113 | 113 | | 23 children who are under the jurisdiction of a juvenile court. |
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114 | 114 | | 24 (4) Make the public aware of the services of the ombudsman, |
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115 | 115 | | 25 the purpose of the office, and information concerning |
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116 | 116 | | 26 contacting the office. |
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117 | 117 | | 27 (5) Examine policies and procedures relevant to the safety and |
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118 | 118 | | 28 welfare of children and evaluate the effectiveness of the child |
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119 | 119 | | 29 protection system, particularly the respective roles of the |
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120 | 120 | | 30 department of child services, the courts, the medical |
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121 | 121 | | 31 community, service providers, guardians ad litem, court |
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122 | 122 | | 32 appointed special advocates, and law enforcement agencies. |
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123 | 123 | | 33 (6) Review and make recommendations concerning |
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124 | 124 | | 34 investigative procedures and emergency responses contained |
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125 | 125 | | 35 in the report prepared under section 12 of this chapter. |
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126 | 126 | | 36 (c) Upon request of the office, a local child protection team that |
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127 | 127 | | 37 was not involved in the initial investigation of a matter shall assist |
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128 | 128 | | 38 the office by investigating and making recommendations on the |
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129 | 129 | | 39 matter. |
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130 | 130 | | 40 (d) At the end of an investigation of a complaint, the office shall |
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131 | 131 | | 41 provide an appropriate report as follows: |
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132 | 132 | | 42 (1) If the complainant is a parent, guardian, custodian, court |
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133 | 133 | | 2025 IN 205—LS 6311/DI 119 4 |
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134 | 134 | | 1 appointed special advocate, guardian ad litem, or court, the |
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135 | 135 | | 2 office may provide the same report to the complainant and to |
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136 | 136 | | 3 the department of child services. |
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137 | 137 | | 4 (2) If the complainant is not a person described in subdivision |
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138 | 138 | | 5 (1), the office shall provide a redacted version of the office's |
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139 | 139 | | 6 findings to the complainant, stating in general terms that the |
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140 | 140 | | 7 actions of the department of child services were or were not |
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141 | 141 | | 8 appropriate. |
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142 | 142 | | 9 (3) The office shall provide a copy of the report and the |
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143 | 143 | | 10 office's recommendations regarding the complaint to the |
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144 | 144 | | 11 department of child services. |
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145 | 145 | | 12 (e) The office may not disclose to: |
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146 | 146 | | 13 (1) a complainant; |
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147 | 147 | | 14 (2) another person who is not a parent, guardian, or custodian |
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148 | 148 | | 15 of the child who was the subject of the department of child |
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149 | 149 | | 16 services' action or omission; or |
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150 | 150 | | 17 (3) the court, court appointed special advocate, or guardian |
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151 | 151 | | 18 ad litem of the child in a case that was filed as a child in need |
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152 | 152 | | 19 of services or termination of parental rights action; |
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153 | 153 | | 20 any information that the department of child services could not, by |
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154 | 154 | | 21 law, reveal to the complainant, person, court, court appointed |
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155 | 155 | | 22 special advocate, or guardian ad litem. |
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156 | 156 | | 23 (f) If, after reviewing a complaint or conducting an investigation |
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157 | 157 | | 24 and considering the response of an agency, facility, or program and |
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158 | 158 | | 25 any other pertinent material, the office determines that the |
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159 | 159 | | 26 complaint has merit or the investigation reveals a problem, the |
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160 | 160 | | 27 office may recommend that the agency, facility, or program: |
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161 | 161 | | 28 (1) consider the matter further; |
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162 | 162 | | 29 (2) modify or cancel the agency's, facility's, or program's |
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163 | 163 | | 30 action; |
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164 | 164 | | 31 (3) alter a rule, order, or internal policy; or |
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165 | 165 | | 32 (4) explain the agency's, facility's, or program's action more |
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166 | 166 | | 33 fully. |
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167 | 167 | | 34 (g) At the office's request, the agency, facility, or program shall, |
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168 | 168 | | 35 within a reasonable time, inform the office of the agency's, |
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169 | 169 | | 36 facility's, or program's: |
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170 | 170 | | 37 (1) action taken on the office's recommendation; or |
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171 | 171 | | 38 (2) reasons for not complying with the office's |
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172 | 172 | | 39 recommendation. |
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173 | 173 | | 40 (h) The office may not investigate a complaint from an employee |
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174 | 174 | | 41 of the department of child services that relates to the employee's |
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175 | 175 | | 42 employment relationship with the department of child services. |
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176 | 176 | | 2025 IN 205—LS 6311/DI 119 5 |
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177 | 177 | | 1 (i) The office may not investigate a complaint challenging a |
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178 | 178 | | 2 department of child services substantiation of abuse or neglect that |
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179 | 179 | | 3 is the subject of a pending administrative review until: |
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180 | 180 | | 4 (1) the administrative remedies provided by law, rule, or |
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181 | 181 | | 5 written policy have been exhausted; or |
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182 | 182 | | 6 (2) the expiration of six (6) months after the initiation of the |
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183 | 183 | | 7 administrative review, if the administrative review is not |
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184 | 184 | | 8 completed or terminated within six (6) months after its |
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185 | 185 | | 9 initiation; |
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186 | 186 | | 10 whichever occurs first. |
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187 | 187 | | 11 (j) If the office does not investigate a complaint, the office shall |
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188 | 188 | | 12 notify the complainant of the office's decision not to investigate and |
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189 | 189 | | 13 the reasons for the decision. |
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190 | 190 | | 14 Sec. 8. (a) The department of child services shall give the office |
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191 | 191 | | 15 appropriate access to department of child services records of a |
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192 | 192 | | 16 child who is the subject of a complaint that is filed with the office. |
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193 | 193 | | 17 (b) A state or local government agency or entity that has records |
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194 | 194 | | 18 that are relevant to a complaint or an investigation conducted by |
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195 | 195 | | 19 the office shall provide the office with access to the records. |
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196 | 196 | | 20 (c) A person is immune from: |
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197 | 197 | | 21 (1) civil or criminal liability; and |
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198 | 198 | | 22 (2) actions authorized under: |
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199 | 199 | | 23 (A) a professional disciplinary procedure; or |
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200 | 200 | | 24 (B) procedures related to the termination or imposition of |
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201 | 201 | | 25 penalties under a contract with an employee or contractor |
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202 | 202 | | 26 of the department of child services; |
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203 | 203 | | 27 for the release or disclosure of records to the office under this |
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204 | 204 | | 28 chapter, unless the release or disclosure constitutes gross |
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205 | 205 | | 29 negligence or willful or wanton misconduct. |
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206 | 206 | | 30 (d) Information or records of a state or local government agency |
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207 | 207 | | 31 provided to the office may not be disclosed to the complainant or |
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208 | 208 | | 32 others if the information or records are confidential under laws, |
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209 | 209 | | 33 rules, or regulations governing the state or local government |
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210 | 210 | | 34 agency that provided the information or records. |
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211 | 211 | | 35 Sec. 9. The office shall do the following: |
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212 | 212 | | 36 (1) Establish procedures to receive and investigate complaints |
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213 | 213 | | 37 under section 7 of this chapter. |
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214 | 214 | | 38 (2) Establish physical, technological, and administrative |
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215 | 215 | | 39 access controls for all information maintained by the office. |
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216 | 216 | | 40 (3) Except as necessary to investigate and resolve a complaint, |
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217 | 217 | | 41 ensure that the identity of a complainant will not be disclosed |
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218 | 218 | | 42 without: |
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219 | 219 | | 2025 IN 205—LS 6311/DI 119 6 |
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220 | 220 | | 1 (A) the complainant's written consent; or |
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221 | 221 | | 2 (B) a court order. |
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222 | 222 | | 3 Sec. 10. The office may adopt rules under IC 4-22-2 necessary |
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223 | 223 | | 4 to carry out this chapter. |
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224 | 224 | | 5 Sec. 11. (a) The ombudsman is not personally liable for the good |
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225 | 225 | | 6 faith performance of the ombudsman's official duties. |
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226 | 226 | | 7 (b) An employee of the office is not personally liable for the good |
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227 | 227 | | 8 faith performance of the employee's official duties. |
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228 | 228 | | 9 Sec. 12. (a) The office shall prepare a report each year on the |
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229 | 229 | | 10 operations of the office. |
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230 | 230 | | 11 (b) The office shall include the following information in the |
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231 | 231 | | 12 annual report required under subsection (a): |
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232 | 232 | | 13 (1) A description of the office's activities. |
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233 | 233 | | 14 (2) The general status of children in Indiana, including: |
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234 | 234 | | 15 (A) the health and education of children; and |
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235 | 235 | | 16 (B) the administration or implementation of programs for |
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236 | 236 | | 17 children. |
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237 | 237 | | 18 (3) Any other issues, concerns, or information concerning |
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238 | 238 | | 19 children. |
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239 | 239 | | 20 (c) A copy of the report shall be provided to the following: |
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240 | 240 | | 21 (1) The governor. |
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241 | 241 | | 22 (2) The legislative council. |
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242 | 242 | | 23 (3) The Indiana department of administration. |
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243 | 243 | | 24 (4) The department of child services. |
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244 | 244 | | 25 A report provided to the legislative council under this subsection |
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245 | 245 | | 26 must be in an electronic format under IC 5-14-6. |
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246 | 246 | | 27 (d) The department of child services shall post a copy of the |
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247 | 247 | | 28 report on the department of child services' website. The office shall |
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248 | 248 | | 29 post a copy of the report on any website maintained by the office. |
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249 | 249 | | 30 Sec. 13. A person who interferes with the ombudsman is subject |
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250 | 250 | | 31 to criminal prosecution under IC 35-44.2-1-5. |
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251 | 251 | | 32 Sec. 14. The office of the attorney general shall provide and |
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252 | 252 | | 33 maintain office space for the office. |
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253 | 253 | | 34 Sec. 15. (a) As used in this section, "succeeded office" refers to |
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254 | 254 | | 35 the office of department of child services ombudsman established |
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255 | 255 | | 36 by IC 4-13-19-3 (before its repeal). |
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256 | 256 | | 37 (b) On July 1, 2025, all powers, duties, agreements, and |
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257 | 257 | | 38 liabilities of the succeeded office are transferred to the office, as the |
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258 | 258 | | 39 successor agency. |
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259 | 259 | | 40 (c) On July 1, 2025, all records and property of the succeeded |
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260 | 260 | | 41 office, including appropriations and other funds under the control |
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261 | 261 | | 42 or supervision of the succeeded office, are transferred to the office, |
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262 | 262 | | 2025 IN 205—LS 6311/DI 119 7 |
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263 | 263 | | 1 as the successor agency. |
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264 | 264 | | 2 (d) After June 30, 2025, any amounts owed to the succeeded |
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265 | 265 | | 3 office before July 1, 2025, are considered to be owed to the office, |
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266 | 266 | | 4 as the successor agency. |
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267 | 267 | | 5 (e) After June 30, 2025, a reference to the succeeded office in a |
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268 | 268 | | 6 statute, rule, or other document is considered a reference to the |
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269 | 269 | | 7 office, as the successor agency. |
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270 | 270 | | 8 (f) On July 1, 2025: |
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271 | 271 | | 9 (1) the department of child services ombudsman serving on |
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272 | 272 | | 10 June 30, 2025; and |
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273 | 273 | | 11 (2) all individuals employed by the succeeded office on June |
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274 | 274 | | 12 30, 2025; |
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275 | 275 | | 13 become employees of the office, without change in compensation, |
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276 | 276 | | 14 seniority, or benefits and are entitled to have their service under |
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277 | 277 | | 15 the succeeded office included for purposes of computing any |
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278 | 278 | | 16 applicable employment and retirement benefits. |
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279 | 279 | | 17 SECTION 3. IC 4-13-1-4, AS AMENDED BY P.L.189-2018, |
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280 | 280 | | 18 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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281 | 281 | | 19 JULY 1, 2025]: Sec. 4. The department shall, subject to this chapter, |
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282 | 282 | | 20 do the following: |
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283 | 283 | | 21 (1) Execute and administer all appropriations as provided by law, |
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284 | 284 | | 22 and execute and administer all provisions of law that impose |
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285 | 285 | | 23 duties and functions upon the executive department of |
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286 | 286 | | 24 government, including executive investigation of state agencies |
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287 | 287 | | 25 supported by appropriations and the assembly of all required data |
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288 | 288 | | 26 and information for the use of the executive department and the |
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289 | 289 | | 27 legislative department. |
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290 | 290 | | 28 (2) Supervise and regulate the making of contracts by state |
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291 | 291 | | 29 agencies. |
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292 | 292 | | 30 (3) Perform the property management functions required by |
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293 | 293 | | 31 IC 4-20.5-6. |
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294 | 294 | | 32 (4) Assign office space and storage space for state agencies in the |
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295 | 295 | | 33 manner provided by IC 4-20.5-5. |
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296 | 296 | | 34 (5) Maintain and operate the following for state agencies: |
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297 | 297 | | 35 (A) Central duplicating. |
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298 | 298 | | 36 (B) Printing. |
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299 | 299 | | 37 (C) Machine tabulating. |
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300 | 300 | | 38 (D) Mailing services. |
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301 | 301 | | 39 (E) Centrally available supplemental personnel and other |
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302 | 302 | | 40 essential supporting services. |
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303 | 303 | | 41 The department may require state agencies to use these general |
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304 | 304 | | 42 services in the interests of economy and efficiency. The general |
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305 | 305 | | 2025 IN 205—LS 6311/DI 119 8 |
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306 | 306 | | 1 services rotary fund is established through which these services |
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307 | 307 | | 2 may be rendered to state agencies. The budget agency shall |
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308 | 308 | | 3 determine the amount for the general services rotary fund. |
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309 | 309 | | 4 (6) Control and supervise the acquisition, operation, maintenance, |
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310 | 310 | | 5 and replacement of state owned vehicles by all state agencies. The |
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311 | 311 | | 6 department may establish and operate, in the interest of economy |
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312 | 312 | | 7 and efficiency, a motor vehicle pool, and may finance the pool by |
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313 | 313 | | 8 a rotary fund. The budget agency shall determine the amount to |
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314 | 314 | | 9 be deposited in the rotary fund. |
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315 | 315 | | 10 (7) Promulgate and enforce rules relative to the travel of officers |
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316 | 316 | | 11 and employees of all state agencies when engaged in the |
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317 | 317 | | 12 performance of state business. These rules may allow |
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318 | 318 | | 13 reimbursement for travel expenses by any of the following |
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319 | 319 | | 14 methods: |
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320 | 320 | | 15 (A) Per diem. |
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321 | 321 | | 16 (B) For expenses necessarily and actually incurred. |
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322 | 322 | | 17 (C) Any combination of the methods in clauses (A) and (B). |
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323 | 323 | | 18 The rules must require the approval of the travel by the |
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324 | 324 | | 19 commissioner and the head of the officer's or employee's |
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325 | 325 | | 20 department prior to payment. |
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326 | 326 | | 21 (8) Administer IC 4-13.6. |
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327 | 327 | | 22 (9) Prescribe the amount and form of certified checks, deposits, |
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328 | 328 | | 23 or bonds to be submitted in connection with bids and contracts |
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329 | 329 | | 24 when not otherwise provided for by law. |
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330 | 330 | | 25 (10) Rent out, with the approval of the governor, any state |
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331 | 331 | | 26 property, real or personal: |
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332 | 332 | | 27 (A) not needed for public use; or |
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333 | 333 | | 28 (B) for the purpose of providing services to the state or |
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334 | 334 | | 29 employees of the state; |
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335 | 335 | | 30 the rental of which is not otherwise provided for or prohibited by |
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336 | 336 | | 31 law. Property may not be rented out under this subdivision for a |
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337 | 337 | | 32 term exceeding ten (10) years at a time. However, |
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338 | 338 | | 33 communications system infrastructure, including towers and |
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339 | 339 | | 34 associated land, improvements, foundations, access roads and |
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340 | 340 | | 35 rights-of-way, structures, fencing, and equipment that are |
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341 | 341 | | 36 necessary, proper, or convenient to transmit or receive voice or |
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342 | 342 | | 37 data communications, may be rented out under this subdivision |
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343 | 343 | | 38 for a term not to exceed twenty-five (25) years at a time. In |
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344 | 344 | | 39 addition, if property is rented out for a term of more than four (4) |
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345 | 345 | | 40 years, the commissioner must make a written determination |
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346 | 346 | | 41 stating the reasons that it is in the best interests of the state to rent |
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347 | 347 | | 42 property for the longer term. This subdivision does not include the |
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348 | 348 | | 2025 IN 205—LS 6311/DI 119 9 |
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349 | 349 | | 1 power to grant or issue permits or leases to explore for or take |
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350 | 350 | | 2 coal, sand, gravel, stone, gas, oil, or other minerals or substances |
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351 | 351 | | 3 from or under the bed of any of the navigable waters of the state |
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352 | 352 | | 4 or other lands owned by the state. |
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353 | 353 | | 5 (11) Have charge of all central storerooms, supply rooms, and |
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354 | 354 | | 6 warehouses established and operated by the state and serving |
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355 | 355 | | 7 more than one (1) agency. |
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356 | 356 | | 8 (12) Enter into contracts and issue orders for printing as provided |
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357 | 357 | | 9 by IC 4-13-4.1. |
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358 | 358 | | 10 (13) Sell or dispose of surplus property under IC 5-22-22, or if |
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359 | 359 | | 11 advantageous, to exchange or trade in the surplus property toward |
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360 | 360 | | 12 the purchase of other supplies, materials, or equipment, and to |
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361 | 361 | | 13 make proper adjustments in the accounts and inventory pertaining |
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362 | 362 | | 14 to the state agencies concerned. |
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363 | 363 | | 15 (14) With respect to power, heating, and lighting plants owned, |
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364 | 364 | | 16 operated, or maintained by any state agency: |
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365 | 365 | | 17 (A) inspect; |
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366 | 366 | | 18 (B) regulate their operation; and |
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367 | 367 | | 19 (C) recommend improvements to those plants to promote |
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368 | 368 | | 20 economical and efficient operation. |
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369 | 369 | | 21 (15) Administer, determine salaries, and determine other |
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370 | 370 | | 22 personnel matters of the department of correction ombudsman |
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371 | 371 | | 23 bureau established by IC 4-13-1.2-3. |
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372 | 372 | | 24 (16) Adopt rules to establish and implement a "Code Adam" |
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373 | 373 | | 25 safety protocol as described in IC 4-20.5-6-9.2. |
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374 | 374 | | 26 (17) Adopt policies and standards for making state owned |
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375 | 375 | | 27 property reasonably available to be used free of charge as |
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376 | 376 | | 28 locations for making motion pictures. |
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377 | 377 | | 29 (18) Administer, determine salaries, and determine other |
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378 | 378 | | 30 personnel matters of the department of child services ombudsman |
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379 | 379 | | 31 established by IC 4-13-19-3. |
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380 | 380 | | 32 SECTION 4. IC 4-13-19 IS REPEALED [EFFECTIVE JULY 1, |
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381 | 381 | | 33 2025]. (Department of Child Services Ombudsman). |
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382 | 382 | | 34 SECTION 5. IC 16-49-4-2, AS ADDED BY P.L.119-2013, |
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383 | 383 | | 35 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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384 | 384 | | 36 JULY 1, 2025]: Sec. 2. The statewide child fatality review committee |
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385 | 385 | | 37 consists of the following members appointed by the governor: |
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386 | 386 | | 38 (1) A coroner or deputy coroner. |
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387 | 387 | | 39 (2) A representative from the state department who: |
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388 | 388 | | 40 (A) is a licensed physician; and |
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389 | 389 | | 41 (B) specializes in injury prevention. |
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390 | 390 | | 42 (3) A representative of a: |
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391 | 391 | | 2025 IN 205—LS 6311/DI 119 10 |
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392 | 392 | | 1 (A) local health department established under IC 16-20-2; or |
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393 | 393 | | 2 (B) multiple county health department established under |
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394 | 394 | | 3 IC 16-20-3. |
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395 | 395 | | 4 (4) A pediatrician. |
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396 | 396 | | 5 (5) A representative of law enforcement who has experience in |
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397 | 397 | | 6 investigating child deaths. |
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398 | 398 | | 7 (6) A representative from an emergency medical services |
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399 | 399 | | 8 provider. |
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400 | 400 | | 9 (7) The director or a representative of the department of child |
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401 | 401 | | 10 services. |
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402 | 402 | | 11 (8) A representative of a prosecuting attorney who has experience |
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403 | 403 | | 12 in prosecuting child abuse. |
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404 | 404 | | 13 (9) A pathologist who is: |
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405 | 405 | | 14 (A) certified by the American Board of Pathology in forensic |
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406 | 406 | | 15 pathology; and |
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407 | 407 | | 16 (B) licensed to practice medicine in Indiana. |
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408 | 408 | | 17 (10) A mental health provider. |
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409 | 409 | | 18 (11) A representative of a child abuse prevention program. |
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410 | 410 | | 19 (12) A representative of the department of education. |
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411 | 411 | | 20 (13) An epidemiologist. |
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412 | 412 | | 21 (14) The state child fatality review coordinator. |
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413 | 413 | | 22 (15) At the discretion of the department of child services |
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414 | 414 | | 23 ombudsman, a representative of the office of the department of |
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415 | 415 | | 24 child services ombudsman established by IC 4-13-19-3. |
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416 | 416 | | 25 IC 4-6-17-4. |
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417 | 417 | | 26 SECTION 6. IC 16-49-4-4, AS ADDED BY P.L.119-2013, |
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418 | 418 | | 27 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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419 | 419 | | 28 JULY 1, 2025]: Sec. 4. The statewide child fatality review committee |
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420 | 420 | | 29 shall do the following: |
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421 | 421 | | 30 (1) Compile and analyze data recorded by local child fatality |
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422 | 422 | | 31 review teams in reviewing child fatalities. |
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423 | 423 | | 32 (2) Review child mortality records and examine all other records |
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424 | 424 | | 33 relevant to child fatalities in Indiana. |
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425 | 425 | | 34 (3) Assist efforts by local child fatality review teams by: |
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426 | 426 | | 35 (A) overseeing the creation of standardized forms and |
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427 | 427 | | 36 protocols necessary for the review of child deaths; |
---|
428 | 428 | | 37 (B) providing expertise by answering questions related to a |
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429 | 429 | | 38 child's death that a local child fatality review team is |
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430 | 430 | | 39 reviewing; |
---|
431 | 431 | | 40 (C) establishing and sponsoring training programs for |
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432 | 432 | | 41 members of local child fatality review teams; and |
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433 | 433 | | 42 (D) providing, upon request of a local child fatality review |
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434 | 434 | | 2025 IN 205—LS 6311/DI 119 11 |
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435 | 435 | | 1 team, expertise in creating local prevention strategies. |
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436 | 436 | | 2 (4) Upon request by a local child fatality review team or the |
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437 | 437 | | 3 department of child services ombudsman established by |
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438 | 438 | | 4 IC 4-13-19-3, IC 4-6-17-4, assist in or conduct a review of the |
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439 | 439 | | 5 death of a child as provided under section 5 of this chapter. |
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440 | 440 | | 6 (5) Create strategies and make recommendations for the safety of |
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441 | 441 | | 7 children and prevention of serious injuries or deaths of children. |
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442 | 442 | | 8 SECTION 7. IC 16-49-4-5, AS AMENDED BY P.L.56-2023, |
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443 | 443 | | 9 SECTION 174, IS AMENDED TO READ AS FOLLOWS |
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444 | 444 | | 10 [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) Upon request by a local child |
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445 | 445 | | 11 fatality review team or the department of child services ombudsman |
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446 | 446 | | 12 established by IC 4-13-19-3, IC 4-6-17-4, the statewide child fatality |
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447 | 447 | | 13 review committee shall assist a local child fatality review team or |
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448 | 448 | | 14 conduct a review of the death of a child that occurred in Indiana if: |
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449 | 449 | | 15 (1) the death of the child is: |
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450 | 450 | | 16 (A) sudden; |
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451 | 451 | | 17 (B) unexpected; |
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452 | 452 | | 18 (C) unexplained; or |
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453 | 453 | | 19 (D) assessed by the department of child services for alleged |
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454 | 454 | | 20 abuse or neglect that resulted in the death of the child; or |
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455 | 455 | | 21 (2) the coroner in the area in which the child's death occurred |
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456 | 456 | | 22 determines that the cause of the death of the child is: |
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457 | 457 | | 23 (A) undetermined; or |
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458 | 458 | | 24 (B) the result of a homicide, suicide, or accident. |
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459 | 459 | | 25 (b) In conducting a child fatality review under subsection (a), the |
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460 | 460 | | 26 statewide child fatality review committee may review all applicable |
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461 | 461 | | 27 records and information related to the death of the child, including the |
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462 | 462 | | 28 following: |
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463 | 463 | | 29 (1) Records held by the: |
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464 | 464 | | 30 (A) state department or local health department; and |
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465 | 465 | | 31 (B) department of child services. |
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466 | 466 | | 32 (2) Medical records. |
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467 | 467 | | 33 (3) Law enforcement records. |
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468 | 468 | | 34 (4) Autopsy reports. |
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469 | 469 | | 35 (5) Records of the coroner. |
---|
470 | 470 | | 36 (6) Mental health reports. |
---|
471 | 471 | | 37 (c) Subject to IC 34-30-15, if the statewide child fatality review |
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472 | 472 | | 38 committee requests records from a hospital, physician, coroner, law |
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473 | 473 | | 39 enforcement officer, or mental health professional regarding a death |
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474 | 474 | | 40 that the statewide child fatality review committee is investigating, the |
---|
475 | 475 | | 41 hospital, physician, coroner, law enforcement officer, or mental health |
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476 | 476 | | 42 professional shall provide the requested records to the statewide child |
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477 | 477 | | 2025 IN 205—LS 6311/DI 119 12 |
---|
478 | 478 | | 1 fatality review committee. |
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479 | 479 | | 2 (d) A person who provides records in accordance with subsection |
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480 | 480 | | 3 (c) in good faith is not subject to liability in: |
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481 | 481 | | 4 (1) a civil; |
---|
482 | 482 | | 5 (2) an administrative; |
---|
483 | 483 | | 6 (3) a disciplinary; or |
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484 | 484 | | 7 (4) a criminal; |
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485 | 485 | | 8 action that might otherwise be imposed as a result of such disclosure. |
---|
486 | 486 | | 9 (e) Except as otherwise provided in this article, information and |
---|
487 | 487 | | 10 records acquired by the statewide child fatality review committee in the |
---|
488 | 488 | | 11 exercise of its duties under this chapter are confidential and exempt |
---|
489 | 489 | | 12 from disclosure. |
---|
490 | 490 | | 13 (f) Records, information, documents, and reports acquired or |
---|
491 | 491 | | 14 produced by the statewide child fatality review committee are not: |
---|
492 | 492 | | 15 (1) subject to subpoena or discovery; or |
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493 | 493 | | 16 (2) admissible as evidence; |
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494 | 494 | | 17 in any judicial or administrative proceeding. Information that is |
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495 | 495 | | 18 otherwise discoverable or admissible from original sources is not |
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496 | 496 | | 19 immune from discovery or use in any proceeding merely because the |
---|
497 | 497 | | 20 information was presented during proceedings before the statewide |
---|
498 | 498 | | 21 child fatality review committee. |
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499 | 499 | | 22 SECTION 8. IC 31-25-5-1, AS ADDED BY P.L.182-2009(ss), |
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500 | 500 | | 23 SECTION 373, IS AMENDED TO READ AS FOLLOWS |
---|
501 | 501 | | 24 [EFFECTIVE JULY 1, 2025]: Sec. 1. As used in this chapter, |
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502 | 502 | | 25 "ombudsman" refers to the office of the department of child services |
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503 | 503 | | 26 ombudsman established within the Indiana department of |
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504 | 504 | | 27 administration by IC 4-13-19-3. office of the attorney general by |
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505 | 505 | | 28 IC 4-6-17-4. The term includes an employee of the office of the |
---|
506 | 506 | | 29 department of child services ombudsman or an individual approved by |
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507 | 507 | | 30 the office of the department of child services ombudsman to receive, |
---|
508 | 508 | | 31 investigate, and resolve complaints that allege the department, by an |
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509 | 509 | | 32 action or omission, failed to protect the physical or mental health or |
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510 | 510 | | 33 safety of any child or failed to follow specific laws, rules, or written |
---|
511 | 511 | | 34 policies. |
---|
512 | 512 | | 35 SECTION 9. IC 31-27-3-18, AS AMENDED BY P.L.123-2014, |
---|
513 | 513 | | 36 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
514 | 514 | | 37 JULY 1, 2025]: Sec. 18. (a) A licensee shall keep records regarding |
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515 | 515 | | 38 each child in the control and care of the licensee as the department |
---|
516 | 516 | | 39 requires and shall report to the department upon request the facts the |
---|
517 | 517 | | 40 department requires with reference to children. |
---|
518 | 518 | | 41 (b) The department shall keep records regarding children and facts |
---|
519 | 519 | | 42 learned about children and the children's relatives confidential. |
---|
520 | 520 | | 2025 IN 205—LS 6311/DI 119 13 |
---|
521 | 521 | | 1 (c) The following have access to records regarding children and |
---|
522 | 522 | | 2 facts learned about children: |
---|
523 | 523 | | 3 (1) A state agency involved in the licensing of the child caring |
---|
524 | 524 | | 4 institution. |
---|
525 | 525 | | 5 (2) A legally mandated child protection agency. |
---|
526 | 526 | | 6 (3) A law enforcement agency. |
---|
527 | 527 | | 7 (4) An agency having the legal responsibility to care for a child |
---|
528 | 528 | | 8 placed at the child caring institution. |
---|
529 | 529 | | 9 (5) The parent, guardian, or custodian of the child at the child |
---|
530 | 530 | | 10 caring institution. |
---|
531 | 531 | | 11 (6) A citizen review panel established under IC 31-25-2-20.4. |
---|
532 | 532 | | 12 (7) The department of child services ombudsman established by |
---|
533 | 533 | | 13 IC 4-13-19-3. IC 4-6-17-4. |
---|
534 | 534 | | 14 SECTION 10. IC 31-27-4-21, AS AMENDED BY P.L.123-2014, |
---|
535 | 535 | | 15 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
536 | 536 | | 16 JULY 1, 2025]: Sec. 21. (a) A licensee shall keep records required by |
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537 | 537 | | 17 the department regarding each child in the control and care of the |
---|
538 | 538 | | 18 licensee and shall report to the department upon request the facts the |
---|
539 | 539 | | 19 department requires with reference to children. |
---|
540 | 540 | | 20 (b) The department shall keep records regarding children and facts |
---|
541 | 541 | | 21 learned about children and the children's relatives confidential. |
---|
542 | 542 | | 22 (c) The following have access to records regarding children and |
---|
543 | 543 | | 23 facts learned about children: |
---|
544 | 544 | | 24 (1) A state agency involved in the licensing of the foster family |
---|
545 | 545 | | 25 home. |
---|
546 | 546 | | 26 (2) A legally mandated child protection agency. |
---|
547 | 547 | | 27 (3) A law enforcement agency. |
---|
548 | 548 | | 28 (4) An agency having the legal responsibility to care for a child |
---|
549 | 549 | | 29 placed at the foster family home. |
---|
550 | 550 | | 30 (5) The parent, guardian, or custodian of the child at the foster |
---|
551 | 551 | | 31 family home. |
---|
552 | 552 | | 32 (6) A citizen review panel established under IC 31-25-2-20.4. |
---|
553 | 553 | | 33 (7) The department of child services ombudsman established by |
---|
554 | 554 | | 34 IC 4-13-19-3. IC 4-6-17-4. |
---|
555 | 555 | | 35 SECTION 11. IC 31-27-5-18, AS AMENDED BY P.L.123-2014, |
---|
556 | 556 | | 36 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
557 | 557 | | 37 JULY 1, 2025]: Sec. 18. (a) A licensee shall keep records required by |
---|
558 | 558 | | 38 the department regarding each child in the control and care of the |
---|
559 | 559 | | 39 licensee and shall report to the department, upon request, the facts the |
---|
560 | 560 | | 40 department requires with reference to children. |
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561 | 561 | | 41 (b) The department shall keep records regarding children and facts |
---|
562 | 562 | | 42 learned about children and the children's relatives confidential. |
---|
563 | 563 | | 2025 IN 205—LS 6311/DI 119 14 |
---|
564 | 564 | | 1 (c) The following have access to records regarding children and |
---|
565 | 565 | | 2 facts learned about children: |
---|
566 | 566 | | 3 (1) A state agency involved in the licensing of the group home. |
---|
567 | 567 | | 4 (2) A legally mandated child protection agency. |
---|
568 | 568 | | 5 (3) A law enforcement agency. |
---|
569 | 569 | | 6 (4) An agency having the legal responsibility to care for a child |
---|
570 | 570 | | 7 placed at the group home. |
---|
571 | 571 | | 8 (5) The parent, guardian, or custodian of the child at the group |
---|
572 | 572 | | 9 home. |
---|
573 | 573 | | 10 (6) A citizen review panel established under IC 31-25-2-20.4. |
---|
574 | 574 | | 11 (7) The department of child services ombudsman established by |
---|
575 | 575 | | 12 IC 4-13-19-3. IC 4-6-17-4. |
---|
576 | 576 | | 13 SECTION 12. IC 31-27-6-15, AS AMENDED BY P.L.123-2014, |
---|
577 | 577 | | 14 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
578 | 578 | | 15 JULY 1, 2025]: Sec. 15. (a) A licensee shall keep records required by |
---|
579 | 579 | | 16 the department regarding each child in the control and care of the |
---|
580 | 580 | | 17 licensee and shall report to the department upon request the facts the |
---|
581 | 581 | | 18 department requires with reference to children. |
---|
582 | 582 | | 19 (b) The department shall keep records regarding children and facts |
---|
583 | 583 | | 20 learned about children and the children's relatives confidential. |
---|
584 | 584 | | 21 (c) The following have access to records regarding children and |
---|
585 | 585 | | 22 facts learned about children: |
---|
586 | 586 | | 23 (1) A state agency involved in the licensing of the child placing |
---|
587 | 587 | | 24 agency. |
---|
588 | 588 | | 25 (2) A legally mandated child protection agency. |
---|
589 | 589 | | 26 (3) A law enforcement agency. |
---|
590 | 590 | | 27 (4) A citizen review panel established under IC 31-25-2-20.4. |
---|
591 | 591 | | 28 (5) The department of child services ombudsman established by |
---|
592 | 592 | | 29 IC 4-13-19-3. IC 4-6-17-4. |
---|
593 | 593 | | 30 SECTION 13. IC 31-33-18-1, AS AMENDED BY P.L.77-2023, |
---|
594 | 594 | | 31 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
595 | 595 | | 32 JULY 1, 2025]: Sec. 1. (a) Except as provided in section 1.5 of this |
---|
596 | 596 | | 33 chapter, the following are confidential: |
---|
597 | 597 | | 34 (1) Reports made under this article (or IC 31-6-11 before its |
---|
598 | 598 | | 35 repeal). |
---|
599 | 599 | | 36 (2) Any other information, documents, reports, pictures, videos, |
---|
600 | 600 | | 37 images, or recordings obtained, possessed, produced, or created |
---|
601 | 601 | | 38 by: |
---|
602 | 602 | | 39 (A) the division of family resources; |
---|
603 | 603 | | 40 (B) the local office; |
---|
604 | 604 | | 41 (C) the department; or |
---|
605 | 605 | | 42 (D) the department of child services ombudsman established |
---|
606 | 606 | | 2025 IN 205—LS 6311/DI 119 15 |
---|
607 | 607 | | 1 by IC 4-13-19-3; IC 4-6-17-4; |
---|
608 | 608 | | 2 concerning a child or family with whom the department has |
---|
609 | 609 | | 3 received a report or referral or has been involved with during any |
---|
610 | 610 | | 4 stage of the department's investigation, including post-assessment |
---|
611 | 611 | | 5 or post-adoption activity. |
---|
612 | 612 | | 6 (b) Except as provided in section 1.5 of this chapter, all records held |
---|
613 | 613 | | 7 by: |
---|
614 | 614 | | 8 (1) the division of family resources; |
---|
615 | 615 | | 9 (2) a local office; |
---|
616 | 616 | | 10 (3) the department; |
---|
617 | 617 | | 11 (4) a local child fatality review team established under |
---|
618 | 618 | | 12 IC 16-49-2; |
---|
619 | 619 | | 13 (5) the statewide child fatality review committee established |
---|
620 | 620 | | 14 under IC 16-49-4; or |
---|
621 | 621 | | 15 (6) the department of child services ombudsman established by |
---|
622 | 622 | | 16 IC 4-13-19-3; IC 4-6-17-4; |
---|
623 | 623 | | 17 regarding the death of a child determined to be a result of abuse, |
---|
624 | 624 | | 18 abandonment, or neglect are confidential and may not be disclosed. |
---|
625 | 625 | | 19 SECTION 14. IC 31-33-18-1.5, AS AMENDED BY P.L.77-2023, |
---|
626 | 626 | | 20 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
627 | 627 | | 21 JULY 1, 2025]: Sec. 1.5. (a) This section applies to records held by: |
---|
628 | 628 | | 22 (1) a local office; |
---|
629 | 629 | | 23 (2) the department; or |
---|
630 | 630 | | 24 (3) the department of child services ombudsman established by |
---|
631 | 631 | | 25 IC 4-13-19-3; IC 4-6-17-4; |
---|
632 | 632 | | 26 regarding a child whose death or near fatality may have been the result |
---|
633 | 633 | | 27 of abuse, abandonment, or neglect. |
---|
634 | 634 | | 28 (b) For purposes of subsection (a), a child's death or near fatality |
---|
635 | 635 | | 29 may have been the result of abuse, abandonment, or neglect if: |
---|
636 | 636 | | 30 (1) an entity described in subsection (a) determines that the child's |
---|
637 | 637 | | 31 death or near fatality is the result of abuse, abandonment, or |
---|
638 | 638 | | 32 neglect; or |
---|
639 | 639 | | 33 (2) a prosecuting attorney files: |
---|
640 | 640 | | 34 (A) an indictment or information; or |
---|
641 | 641 | | 35 (B) a complaint alleging the commission of a delinquent act; |
---|
642 | 642 | | 36 that, if proven, would cause a reasonable person to believe that |
---|
643 | 643 | | 37 the child's death or near fatality may have been the result of |
---|
644 | 644 | | 38 abuse, abandonment, or neglect. |
---|
645 | 645 | | 39 Upon the request of any person, or upon its own motion, the court |
---|
646 | 646 | | 40 exercising juvenile jurisdiction in the county in which the child's death |
---|
647 | 647 | | 41 or near fatality occurred shall determine whether the allegations |
---|
648 | 648 | | 42 contained in the indictment, information, or complaint described in |
---|
649 | 649 | | 2025 IN 205—LS 6311/DI 119 16 |
---|
650 | 650 | | 1 subdivision (2), if proven, would cause a reasonable person to believe |
---|
651 | 651 | | 2 that the child's death or near fatality may have been the result of abuse, |
---|
652 | 652 | | 3 abandonment, or neglect. |
---|
653 | 653 | | 4 (c) If the juvenile court finds that the child's death or near fatality |
---|
654 | 654 | | 5 was the result of abuse, abandonment, or neglect, the court shall make |
---|
655 | 655 | | 6 written findings and provide a copy of the findings and the indictment, |
---|
656 | 656 | | 7 information, or complaint described under subsection (b)(2) to the |
---|
657 | 657 | | 8 department. |
---|
658 | 658 | | 9 (d) As used in this section: |
---|
659 | 659 | | 10 (1) "case" means: |
---|
660 | 660 | | 11 (A) any intake report or other documentation such as a referral |
---|
661 | 661 | | 12 or other matter received or generated by the department; |
---|
662 | 662 | | 13 (B) any investigation or assessment conducted by the |
---|
663 | 663 | | 14 department; or |
---|
664 | 664 | | 15 (C) ongoing involvement between the department and a child |
---|
665 | 665 | | 16 or family that is the result of: |
---|
666 | 666 | | 17 (i) a program of informal adjustment; or |
---|
667 | 667 | | 18 (ii) a child in need of services action; |
---|
668 | 668 | | 19 for which related records and documents have not been expunged |
---|
669 | 669 | | 20 as required by law or by a court at the time the department is |
---|
670 | 670 | | 21 notified of a fatality or near fatality; |
---|
671 | 671 | | 22 (2) "contact" means in person communication about a case in |
---|
672 | 672 | | 23 which: |
---|
673 | 673 | | 24 (A) the child who is the victim of a fatality or near fatality is |
---|
674 | 674 | | 25 alleged to be a victim; or |
---|
675 | 675 | | 26 (B) the perpetrator of the fatality or near fatality is alleged to |
---|
676 | 676 | | 27 be the perpetrator; |
---|
677 | 677 | | 28 (3) "identifying information" means information that identifies an |
---|
678 | 678 | | 29 individual, including an individual's: |
---|
679 | 679 | | 30 (A) name, address, date of birth, occupation, place of |
---|
680 | 680 | | 31 employment, and telephone number; |
---|
681 | 681 | | 32 (B) employer identification number, mother's maiden name, |
---|
682 | 682 | | 33 Social Security number, or any identification number issued by |
---|
683 | 683 | | 34 a governmental entity; |
---|
684 | 684 | | 35 (C) unique biometric data, including the individual's |
---|
685 | 685 | | 36 fingerprint, voice print, or retina or iris image; |
---|
686 | 686 | | 37 (D) unique electronic identification number, address, or |
---|
687 | 687 | | 38 routing code; |
---|
688 | 688 | | 39 (E) telecommunication identifying information; or |
---|
689 | 689 | | 40 (F) telecommunication access device, including a card, a plate, |
---|
690 | 690 | | 41 a code, an account number, a personal identification number, |
---|
691 | 691 | | 42 an electronic serial number, a mobile identification number, or |
---|
692 | 692 | | 2025 IN 205—LS 6311/DI 119 17 |
---|
693 | 693 | | 1 another telecommunications service or device or means of |
---|
694 | 694 | | 2 account access; |
---|
695 | 695 | | 3 (4) "life threatening" means an injury or condition that is |
---|
696 | 696 | | 4 categorized as "serious" or "critical" in patient hospital records; |
---|
697 | 697 | | 5 and |
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698 | 698 | | 6 (5) "near fatality" means a severe childhood injury or condition |
---|
699 | 699 | | 7 that is certified by a physician as being life threatening. |
---|
700 | 700 | | 8 (e) Unless: |
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701 | 701 | | 9 (1) a police investigation or criminal prosecution is ongoing; or |
---|
702 | 702 | | 10 (2) information in a record is otherwise confidential under state |
---|
703 | 703 | | 11 or federal law; |
---|
704 | 704 | | 12 a record described in subsection (a) that has been redacted in |
---|
705 | 705 | | 13 accordance with this section is not confidential and may be disclosed |
---|
706 | 706 | | 14 to any person who requests the record. The person requesting the |
---|
707 | 707 | | 15 record may be required to pay the reasonable expenses of copying the |
---|
708 | 708 | | 16 record. |
---|
709 | 709 | | 17 (f) When a person requests a record described in subsection (a), the |
---|
710 | 710 | | 18 entity having control of the record shall immediately transmit a copy of |
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711 | 711 | | 19 the record to the court exercising juvenile jurisdiction in the county in |
---|
712 | 712 | | 20 which the death or near fatality of the child occurred. However, if the |
---|
713 | 713 | | 21 court requests that the entity having control of a record transmit the |
---|
714 | 714 | | 22 original record, the entity shall transmit the original record. |
---|
715 | 715 | | 23 (g) Upon receipt of the record described in subsection (a), the court |
---|
716 | 716 | | 24 shall, within thirty (30) days, redact the record to exclude: |
---|
717 | 717 | | 25 (1) identifying information described in subsection (d)(3)(B) |
---|
718 | 718 | | 26 through (d)(3)(F) of a person; and |
---|
719 | 719 | | 27 (2) all identifying information of a child less than eighteen (18) |
---|
720 | 720 | | 28 years of age. |
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721 | 721 | | 29 (h) The court shall disclose the record redacted in accordance with |
---|
722 | 722 | | 30 subsection (g) to any person who requests the record, if the person has |
---|
723 | 723 | | 31 paid: |
---|
724 | 724 | | 32 (1) to the entity having control of the record, the reasonable |
---|
725 | 725 | | 33 expenses of copying under IC 5-14-3-8; and |
---|
726 | 726 | | 34 (2) to the court, the reasonable expenses of copying the record. |
---|
727 | 727 | | 35 (i) The data and information in a record disclosed under this section |
---|
728 | 728 | | 36 must include the following: |
---|
729 | 729 | | 37 (1) A summary of the report of abuse or neglect and a factual |
---|
730 | 730 | | 38 description of the contents of the report. |
---|
731 | 731 | | 39 (2) The age and gender of the child. |
---|
732 | 732 | | 40 (3) The cause of the fatality or near fatality, if the cause has been |
---|
733 | 733 | | 41 determined. |
---|
734 | 734 | | 42 (4) Whether the department had any contact with the child or the |
---|
735 | 735 | | 2025 IN 205—LS 6311/DI 119 18 |
---|
736 | 736 | | 1 perpetrator before the fatality or near fatality, and, if the |
---|
737 | 737 | | 2 department had contact, the following: |
---|
738 | 738 | | 3 (A) The frequency of the contact with the child or the |
---|
739 | 739 | | 4 perpetrator before the fatality or near fatality and the date on |
---|
740 | 740 | | 5 which the last contact occurred before the fatality or near |
---|
741 | 741 | | 6 fatality. |
---|
742 | 742 | | 7 (B) A summary of the status of the child's case at the time of |
---|
743 | 743 | | 8 the fatality or near fatality, including: |
---|
744 | 744 | | 9 (i) whether the child's case was closed by the department |
---|
745 | 745 | | 10 before the fatality or near fatality; and |
---|
746 | 746 | | 11 (ii) if the child's case was closed as described under item (i), |
---|
747 | 747 | | 12 the date of closure and the reasons that the case was closed. |
---|
748 | 748 | | 13 (j) The court's determination under subsection (g) that certain |
---|
749 | 749 | | 14 identifying information or other information is not relevant to |
---|
750 | 750 | | 15 establishing the facts and circumstances leading to the death or near |
---|
751 | 751 | | 16 fatality of a child is not admissible in a criminal proceeding or civil |
---|
752 | 752 | | 17 action. |
---|
753 | 753 | | 18 SECTION 15. IC 31-33-18-2, AS AMENDED BY P.L.54-2024, |
---|
754 | 754 | | 19 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
755 | 755 | | 20 JULY 1, 2025]: Sec. 2. Except as otherwise prohibited by federal law, |
---|
756 | 756 | | 21 the reports and other material described in section 1(a) of this chapter |
---|
757 | 757 | | 22 and the unredacted reports and other material described in section 1(b) |
---|
758 | 758 | | 23 of this chapter shall be made available only to the following: |
---|
759 | 759 | | 24 (1) Persons authorized by this article. |
---|
760 | 760 | | 25 (2) A legally mandated public or private child protective agency |
---|
761 | 761 | | 26 investigating a report of child abuse or neglect or treating a child |
---|
762 | 762 | | 27 or family that is the subject of a report or record. |
---|
763 | 763 | | 28 (3) Any of the following who are investigating a report of a child |
---|
764 | 764 | | 29 who may be a victim of child abuse or neglect: |
---|
765 | 765 | | 30 (A) A police officer or other law enforcement agency. |
---|
766 | 766 | | 31 (B) A prosecuting attorney. |
---|
767 | 767 | | 32 (C) A coroner, in the case of the death of a child. |
---|
768 | 768 | | 33 (4) A physician who has before the physician a child whom the |
---|
769 | 769 | | 34 physician reasonably suspects may be a victim of child abuse or |
---|
770 | 770 | | 35 neglect. |
---|
771 | 771 | | 36 (5) An individual legally authorized to place a child in protective |
---|
772 | 772 | | 37 custody if: |
---|
773 | 773 | | 38 (A) the individual has before the individual a child whom the |
---|
774 | 774 | | 39 individual reasonably suspects may be a victim of abuse or |
---|
775 | 775 | | 40 neglect; and |
---|
776 | 776 | | 41 (B) the individual requires the information in the report or |
---|
777 | 777 | | 42 record to determine whether to place the child in protective |
---|
778 | 778 | | 2025 IN 205—LS 6311/DI 119 19 |
---|
779 | 779 | | 1 custody. |
---|
780 | 780 | | 2 (6) An agency having the legal responsibility or authorization to |
---|
781 | 781 | | 3 care for, treat, or supervise a child who is the subject of a report |
---|
782 | 782 | | 4 or record or a parent, guardian, custodian, or other person who is |
---|
783 | 783 | | 5 responsible for the child's welfare. |
---|
784 | 784 | | 6 (7) An individual named in the report or record who is alleged to |
---|
785 | 785 | | 7 be abused or neglected or, if the individual named in the report is |
---|
786 | 786 | | 8 a child or is otherwise incompetent, the individual's guardian ad |
---|
787 | 787 | | 9 litem or the individual's court appointed special advocate, or both. |
---|
788 | 788 | | 10 (8) Each parent, guardian, custodian, or other person responsible |
---|
789 | 789 | | 11 for the welfare of a child named in a report or record and an |
---|
790 | 790 | | 12 attorney of the person described under this subdivision, with |
---|
791 | 791 | | 13 protection for the identity of reporters and other appropriate |
---|
792 | 792 | | 14 individuals. |
---|
793 | 793 | | 15 (9) A court, for redaction of the record in accordance with section |
---|
794 | 794 | | 16 1.5 of this chapter, or upon the court's finding that access to the |
---|
795 | 795 | | 17 records may be necessary for determination of an issue before the |
---|
796 | 796 | | 18 court. However, except for disclosure of a redacted record in |
---|
797 | 797 | | 19 accordance with section 1.5 of this chapter, access is limited to in |
---|
798 | 798 | | 20 camera inspection unless the court determines that public |
---|
799 | 799 | | 21 disclosure of the information contained in the records is necessary |
---|
800 | 800 | | 22 for the resolution of an issue then pending before the court. |
---|
801 | 801 | | 23 (10) A grand jury upon the grand jury's determination that access |
---|
802 | 802 | | 24 to the records is necessary in the conduct of the grand jury's |
---|
803 | 803 | | 25 official business. |
---|
804 | 804 | | 26 (11) An appropriate state or local official responsible for child |
---|
805 | 805 | | 27 protection services or legislation carrying out the official's official |
---|
806 | 806 | | 28 functions. |
---|
807 | 807 | | 29 (12) The community child protection team appointed under |
---|
808 | 808 | | 30 IC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request, to |
---|
809 | 809 | | 31 enable the team to carry out the team's purpose under IC 31-33-3. |
---|
810 | 810 | | 32 (13) A person about whom a report has been made, with |
---|
811 | 811 | | 33 protection for the identity of: |
---|
812 | 812 | | 34 (A) any person reporting known or suspected child abuse or |
---|
813 | 813 | | 35 neglect; and |
---|
814 | 814 | | 36 (B) any other person if the person or agency making the |
---|
815 | 815 | | 37 information available finds that disclosure of the information |
---|
816 | 816 | | 38 would be likely to endanger the life or safety of the person. |
---|
817 | 817 | | 39 (14) An employee of the department, a caseworker, or a juvenile |
---|
818 | 818 | | 40 probation officer conducting a criminal history check under |
---|
819 | 819 | | 41 IC 31-26-5, IC 31-34, or IC 31-37 to determine the |
---|
820 | 820 | | 42 appropriateness of an out-of-home placement for a: |
---|
821 | 821 | | 2025 IN 205—LS 6311/DI 119 20 |
---|
822 | 822 | | 1 (A) child at imminent risk of placement; |
---|
823 | 823 | | 2 (B) child in need of services; or |
---|
824 | 824 | | 3 (C) delinquent child. |
---|
825 | 825 | | 4 The results of a criminal history check conducted under this |
---|
826 | 826 | | 5 subdivision must be disclosed to a court determining the |
---|
827 | 827 | | 6 placement of a child described in clauses (A) through (C). |
---|
828 | 828 | | 7 (15) A local child fatality review team established under |
---|
829 | 829 | | 8 IC 16-49-2. |
---|
830 | 830 | | 9 (16) The statewide child fatality review committee established by |
---|
831 | 831 | | 10 IC 16-49-4. |
---|
832 | 832 | | 11 (17) The department. |
---|
833 | 833 | | 12 (18) The division of family resources, if the investigation report: |
---|
834 | 834 | | 13 (A) is classified as substantiated; and |
---|
835 | 835 | | 14 (B) concerns: |
---|
836 | 836 | | 15 (i) an applicant for a license to operate; |
---|
837 | 837 | | 16 (ii) a person licensed to operate; |
---|
838 | 838 | | 17 (iii) an employee of; or |
---|
839 | 839 | | 18 (iv) a volunteer providing services at; |
---|
840 | 840 | | 19 a child care center licensed under IC 12-17.2-4 or a child care |
---|
841 | 841 | | 20 home licensed under IC 12-17.2-5. |
---|
842 | 842 | | 21 (19) A citizen review panel established under IC 31-25-2-20.4. |
---|
843 | 843 | | 22 (20) The department of child services ombudsman established by |
---|
844 | 844 | | 23 IC 4-13-19-3. IC 4-6-17-4. |
---|
845 | 845 | | 24 (21) The secretary of education with protection for the identity of: |
---|
846 | 846 | | 25 (A) any person reporting known or suspected child abuse or |
---|
847 | 847 | | 26 neglect; and |
---|
848 | 848 | | 27 (B) any other person if the person or agency making the |
---|
849 | 849 | | 28 information available finds that disclosure of the information |
---|
850 | 850 | | 29 would be likely to endanger the life or safety of the person. |
---|
851 | 851 | | 30 (22) The state child fatality review coordinator employed by the |
---|
852 | 852 | | 31 Indiana department of health under IC 16-49-5-1. |
---|
853 | 853 | | 32 (23) A person who operates a child caring institution, group |
---|
854 | 854 | | 33 home, or secure private facility if all the following apply: |
---|
855 | 855 | | 34 (A) The child caring institution, group home, or secure private |
---|
856 | 856 | | 35 facility is licensed under IC 31-27. |
---|
857 | 857 | | 36 (B) The report or other materials concern: |
---|
858 | 858 | | 37 (i) an employee of; |
---|
859 | 859 | | 38 (ii) a volunteer providing services at; or |
---|
860 | 860 | | 39 (iii) a child placed at; |
---|
861 | 861 | | 40 the child caring institution, group home, or secure private |
---|
862 | 862 | | 41 facility. |
---|
863 | 863 | | 42 (C) The allegation in the report occurred at the child caring |
---|
864 | 864 | | 2025 IN 205—LS 6311/DI 119 21 |
---|
865 | 865 | | 1 institution, group home, or secure private facility. |
---|
866 | 866 | | 2 (24) A person who operates a child placing agency if all the |
---|
867 | 867 | | 3 following apply: |
---|
868 | 868 | | 4 (A) The child placing agency is licensed under IC 31-27. |
---|
869 | 869 | | 5 (B) The report or other materials concern: |
---|
870 | 870 | | 6 (i) a child placed in a foster home licensed by the child |
---|
871 | 871 | | 7 placing agency; |
---|
872 | 872 | | 8 (ii) a person licensed by the child placing agency to operate |
---|
873 | 873 | | 9 a foster family home; |
---|
874 | 874 | | 10 (iii) an employee of the child placing agency or a foster |
---|
875 | 875 | | 11 family home licensed by the child placing agency; or |
---|
876 | 876 | | 12 (iv) a volunteer providing services at the child placing |
---|
877 | 877 | | 13 agency or a foster family home licensed by the child placing |
---|
878 | 878 | | 14 agency. |
---|
879 | 879 | | 15 (C) The allegations in the report occurred in the foster family |
---|
880 | 880 | | 16 home or in the course of employment or volunteering at the |
---|
881 | 881 | | 17 child placing agency or foster family home. |
---|
882 | 882 | | 18 (25) The National Center for Missing and Exploited Children. |
---|
883 | 883 | | 19 (26) A local domestic violence fatality review team established |
---|
884 | 884 | | 20 under IC 12-18-8, as determined by the department to be relevant |
---|
885 | 885 | | 21 to the death or near fatality that the local domestic violence |
---|
886 | 886 | | 22 fatality review team is reviewing. |
---|
887 | 887 | | 23 (27) The statewide domestic violence fatality review committee |
---|
888 | 888 | | 24 established under IC 12-18-9-3, as determined by the department |
---|
889 | 889 | | 25 to be relevant to the death or near fatality that the statewide |
---|
890 | 890 | | 26 domestic violence fatality review committee is reviewing. |
---|
891 | 891 | | 27 (28) The statewide maternal mortality review committee |
---|
892 | 892 | | 28 established under IC 16-50-1-3, as determined by the department |
---|
893 | 893 | | 29 to be relevant to the case of maternal morbidity or maternal |
---|
894 | 894 | | 30 mortality that the statewide maternal mortality review committee |
---|
895 | 895 | | 31 is reviewing. |
---|
896 | 896 | | 32 (29) A local fetal-infant mortality review team established under |
---|
897 | 897 | | 33 IC 16-49-6, as determined by the department to be relevant to the |
---|
898 | 898 | | 34 case of fetal or infant fatality that the local fetal-infant mortality |
---|
899 | 899 | | 35 review team is reviewing. |
---|
900 | 900 | | 36 (30) A suicide and overdose fatality review team established |
---|
901 | 901 | | 37 under IC 16-49.5-2, as determined by the department to be |
---|
902 | 902 | | 38 relevant to the case of a suicide or overdose fatality that the |
---|
903 | 903 | | 39 suicide and overdose fatality review team is reviewing. |
---|
904 | 904 | | 40 (31) The office of administrative law proceedings for a matter that |
---|
905 | 905 | | 41 is the subject of an administrative proceeding before the office of |
---|
906 | 906 | | 42 administrative law proceedings. |
---|
907 | 907 | | 2025 IN 205—LS 6311/DI 119 22 |
---|
908 | 908 | | 1 (32) A tribal representative, agency, or organization authorized by |
---|
909 | 909 | | 2 the Indian child's tribe to care for, diagnose, treat, review, |
---|
910 | 910 | | 3 evaluate, or monitor active efforts regarding an Indian child, and |
---|
911 | 911 | | 4 the Indian child's parent, guardian, or custodian. |
---|
912 | 912 | | 5 (33) The United States Department of State and foreign |
---|
913 | 913 | | 6 governments to comply with federal law and treaties. |
---|
914 | 914 | | 7 (34) A child advocacy center when the child advocacy center has |
---|
915 | 915 | | 8 before it an investigation of child abuse or neglect in which it is |
---|
916 | 916 | | 9 facilitating a forensic interview or facilitating a case discussion or |
---|
917 | 917 | | 10 case review. |
---|
918 | 918 | | 11 SECTION 16. IC 31-33-26-5, AS AMENDED BY P.L.162-2011, |
---|
919 | 919 | | 12 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
920 | 920 | | 13 JULY 1, 2025]: Sec. 5. (a) The department shall establish access |
---|
921 | 921 | | 14 restrictions in order to maintain the security and confidentiality of the |
---|
922 | 922 | | 15 index as required by this chapter. |
---|
923 | 923 | | 16 (b) The department of child services ombudsman established by |
---|
924 | 924 | | 17 IC 4-13-19-3 IC 4-6-17-4 shall have read only access to the index |
---|
925 | 925 | | 18 concerning: |
---|
926 | 926 | | 19 (1) children who are the subject of complaints filed with; or |
---|
927 | 927 | | 20 (2) cases being investigated by; |
---|
928 | 928 | | 21 the department of child services ombudsman. The office of the |
---|
929 | 929 | | 22 department of child services ombudsman shall not have access to any |
---|
930 | 930 | | 23 information related to cases or information that involves the |
---|
931 | 931 | | 24 ombudsman or any member of the ombudsman's immediate family. |
---|
932 | 932 | | 25 SECTION 17. IC 31-39-2-6, AS AMENDED BY P.L.128-2012, |
---|
933 | 933 | | 26 SECTION 176, IS AMENDED TO READ AS FOLLOWS |
---|
934 | 934 | | 27 [EFFECTIVE JULY 1, 2025]: Sec. 6. The records of the juvenile court |
---|
935 | 935 | | 28 are available without a court order to: |
---|
936 | 936 | | 29 (1) the attorney for the department of child services; or |
---|
937 | 937 | | 30 (2) any authorized staff member of: |
---|
938 | 938 | | 31 (A) the local office; |
---|
939 | 939 | | 32 (B) the department of child services; |
---|
940 | 940 | | 33 (C) the department of correction; or |
---|
941 | 941 | | 34 (D) the department of child services ombudsman established |
---|
942 | 942 | | 35 by IC 4-13-19-3. IC 4-6-17-4. |
---|
943 | 943 | | 36 SECTION 18. IC 31-39-4-7, AS AMENDED BY P.L.182-2009(ss), |
---|
944 | 944 | | 37 SECTION 385, IS AMENDED TO READ AS FOLLOWS |
---|
945 | 945 | | 38 [EFFECTIVE JULY 1, 2025]: Sec. 7. The records of a law enforcement |
---|
946 | 946 | | 39 agency are available, without specific permission from the head of the |
---|
947 | 947 | | 40 agency, to: |
---|
948 | 948 | | 41 (1) the attorney for the department of child services or any |
---|
949 | 949 | | 42 authorized staff member; or |
---|
950 | 950 | | 2025 IN 205—LS 6311/DI 119 23 |
---|
951 | 951 | | 1 (2) any authorized staff member of the department of child |
---|
952 | 952 | | 2 services ombudsman established by IC 4-13-19-3. IC 4-6-17-4. |
---|
953 | 953 | | 3 SECTION 19. IC 31-39-9-1, AS AMENDED BY P.L.182-2009(ss), |
---|
954 | 954 | | 4 SECTION 386, IS AMENDED TO READ AS FOLLOWS |
---|
955 | 955 | | 5 [EFFECTIVE JULY 1, 2025]: Sec. 1. The following entities and |
---|
956 | 956 | | 6 agencies may exchange records of a child who is a child in need of |
---|
957 | 957 | | 7 services or has been determined to be a delinquent child under |
---|
958 | 958 | | 8 IC 31-37-1-2, if the information or records are not confidential under |
---|
959 | 959 | | 9 state or federal law: |
---|
960 | 960 | | 10 (1) A court. |
---|
961 | 961 | | 11 (2) A law enforcement agency. |
---|
962 | 962 | | 12 (3) The department of correction. |
---|
963 | 963 | | 13 (4) The department of child services. |
---|
964 | 964 | | 14 (5) The office of the secretary of family and social services. |
---|
965 | 965 | | 15 (6) A primary or secondary school, including a public or |
---|
966 | 966 | | 16 nonpublic school. |
---|
967 | 967 | | 17 (7) The department of child services ombudsman established by |
---|
968 | 968 | | 18 IC 4-13-19-3. IC 4-6-17-4. |
---|
969 | 969 | | 19 SECTION 20. IC 34-30-2.1-2.2 IS ADDED TO THE INDIANA |
---|
970 | 970 | | 20 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
971 | 971 | | 21 [EFFECTIVE JULY 1, 2025]: Sec. 2.2. IC 4-6-17-8 (Concerning a |
---|
972 | 972 | | 22 person who releases information to the department of child |
---|
973 | 973 | | 23 services ombudsman). |
---|
974 | 974 | | 24 SECTION 21. IC 34-30-2.1-2.3 IS ADDED TO THE INDIANA |
---|
975 | 975 | | 25 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
976 | 976 | | 26 [EFFECTIVE JULY 1, 2025]: Sec. 2.3. IC 4-6-17-11 (Concerning the |
---|
977 | 977 | | 27 office of the department of child services ombudsman for the good |
---|
978 | 978 | | 28 faith performance of official duties). |
---|
979 | 979 | | 29 SECTION 22. IC 34-30-2.1-7 IS REPEALED [EFFECTIVE JULY |
---|
980 | 980 | | 30 1, 2025]. Sec. 7. IC 4-13-19-6 (Concerning a person who releases |
---|
981 | 981 | | 31 information to the department of child services ombudsman). |
---|
982 | 982 | | 32 SECTION 23. IC 34-30-2.1-8 IS REPEALED [EFFECTIVE JULY |
---|
983 | 983 | | 33 1, 2025]. Sec. 8. IC 4-13-19-9 (Concerning the department of child |
---|
984 | 984 | | 34 services ombudsman for the good faith performance of official duties). |
---|
985 | 985 | | 2025 IN 205—LS 6311/DI 119 |
---|