Indiana 2025 Regular Session

Indiana Senate Bill SB0205 Compare Versions

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22 Introduced Version
33 SENATE BILL No. 205
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 4-6; IC 4-13; IC 16-49-4; IC 31-25-5-1;
77 IC 31-27; IC 31-33; IC 31-39; IC 34-30-2.1.
88 Synopsis: Department of child services ombudsman. Transfers the
99 office of the department of child services ombudsman from the
1010 department of administration to the office of the attorney general.
1111 Effective: July 1, 2025.
1212 Tomes
1313 January 8, 2025, read first time and referred to Committee on Family and Children
1414 Services.
1515 2025 IN 205—LS 6311/DI 119 Introduced
1616 First Regular Session of the 124th General Assembly (2025)
1717 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
1818 Constitution) is being amended, the text of the existing provision will appear in this style type,
1919 additions will appear in this style type, and deletions will appear in this style type.
2020 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2121 provision adopted), the text of the new provision will appear in this style type. Also, the
2222 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2323 a new provision to the Indiana Code or the Indiana Constitution.
2424 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2525 between statutes enacted by the 2024 Regular Session of the General Assembly.
2626 SENATE BILL No. 205
2727 A BILL FOR AN ACT to amend the Indiana Code concerning state
2828 offices and administration.
2929 Be it enacted by the General Assembly of the State of Indiana:
3030 1 SECTION 1. IC 4-6-2-13 IS ADDED TO THE INDIANA CODE
3131 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3232 3 1, 2025]: Sec. 13. The attorney general shall:
3333 4 (1) administer; and
3434 5 (2) determine salaries and other personnel matters of;
3535 6 the office of the department of child services ombudsman
3636 7 established by IC 4-6-17-4.
3737 8 SECTION 2. IC 4-6-17 IS ADDED TO THE INDIANA CODE AS
3838 9 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3939 10 1, 2025]:
4040 11 Chapter 17. Department of Child Services Ombudsman
4141 12 Sec. 1. As used in this chapter, "child" means a person who:
4242 13 (1) is less than eighteen (18) years of age;
4343 14 (2) is at least eighteen (18) years of age at the time a complaint
4444 15 is made but was less than eighteen (18) years of age at the
4545 16 time of the alleged act or omission that is the subject of the
4646 17 complaint; or
4747 2025 IN 205—LS 6311/DI 119 2
4848 1 (3) is at least eighteen (18) years of age but has been under the
4949 2 continuing jurisdiction of a juvenile court based upon an
5050 3 informal adjustment, child in need of services action under
5151 4 IC 31-34, or termination of parental rights action under
5252 5 IC 31-35 since becoming eighteen (18) years of age.
5353 6 Sec. 2. As used in this chapter, "office" refers to the office of the
5454 7 department of child services ombudsman established by section 4
5555 8 of this chapter.
5656 9 Sec. 3. As used in this chapter, "ombudsman" means the person
5757 10 appointed by the governor to serve as the department of child
5858 11 services ombudsman under section 5 of this chapter.
5959 12 Sec. 4. The office of the department of child services
6060 13 ombudsman is established as a separate bureau within the office of
6161 14 the attorney general.
6262 15 Sec. 5. (a) The governor shall appoint the ombudsman.
6363 16 (b) The ombudsman serves at the pleasure of the governor.
6464 17 (c) The individual appointed as ombudsman must:
6565 18 (1) be an attorney licensed to practice law in Indiana or a
6666 19 social worker with at least a master's degree; and
6767 20 (2) have significant experience or education in child
6868 21 development and child advocacy, including at least two (2)
6969 22 years of experience working with cases of child abuse and
7070 23 neglect.
7171 24 (d) An individual may not be appointed as ombudsman if the
7272 25 individual has been employed by the department of child services
7373 26 at any time during the preceding twelve (12) months.
7474 27 (e) The governor shall appoint a successor ombudsman not later
7575 28 than thirty (30) days after a vacancy occurs in the position of
7676 29 ombudsman.
7777 30 Sec. 6. (a) The ombudsman reports directly to the attorney
7878 31 general.
7979 32 (b) The office:
8080 33 (1) shall employ at least two (2) full-time employees to assist
8181 34 the ombudsman with receiving, investigating, and attempting
8282 35 to resolve complaints described in section 7 of this chapter;
8383 36 and
8484 37 (2) may employ technical experts and other employees to
8585 38 carry out the purposes of this chapter.
8686 39 (c) The office may not employ an individual if the individual has
8787 40 been employed by the department of child services during the
8888 41 preceding twelve (12) months.
8989 42 (d) The ombudsman and any other person employed by the
9090 2025 IN 205—LS 6311/DI 119 3
9191 1 office or authorized by the ombudsman to act on behalf of the
9292 2 office:
9393 3 (1) shall submit to the same criminal history and background
9494 4 checks, to be performed by the department of child services,
9595 5 that are required for department of child services family case
9696 6 managers; and
9797 7 (2) are subject to disqualification for employment criteria in
9898 8 the same manner as department of child services family case
9999 9 managers.
100100 10 Sec. 7. (a) The office may receive, investigate, and attempt to
101101 11 resolve complaints alleging that the department of child services,
102102 12 by an action or omission occurring on or after January 11, 2005,
103103 13 failed to protect the physical or mental health or safety of any child
104104 14 or failed to follow specific laws, rules, or written policies.
105105 15 (b) The office may also do the following:
106106 16 (1) Take action, including by establishing a program of public
107107 17 education, to secure and ensure the legal rights of children.
108108 18 (2) When appropriate, refer a person making a report of child
109109 19 abuse or neglect to the department of child services and, if
110110 20 appropriate, to an appropriate law enforcement agency.
111111 21 (3) Recommend changes in procedures for investigating
112112 22 reports of abuse and neglect and overseeing the welfare of
113113 23 children who are under the jurisdiction of a juvenile court.
114114 24 (4) Make the public aware of the services of the ombudsman,
115115 25 the purpose of the office, and information concerning
116116 26 contacting the office.
117117 27 (5) Examine policies and procedures relevant to the safety and
118118 28 welfare of children and evaluate the effectiveness of the child
119119 29 protection system, particularly the respective roles of the
120120 30 department of child services, the courts, the medical
121121 31 community, service providers, guardians ad litem, court
122122 32 appointed special advocates, and law enforcement agencies.
123123 33 (6) Review and make recommendations concerning
124124 34 investigative procedures and emergency responses contained
125125 35 in the report prepared under section 12 of this chapter.
126126 36 (c) Upon request of the office, a local child protection team that
127127 37 was not involved in the initial investigation of a matter shall assist
128128 38 the office by investigating and making recommendations on the
129129 39 matter.
130130 40 (d) At the end of an investigation of a complaint, the office shall
131131 41 provide an appropriate report as follows:
132132 42 (1) If the complainant is a parent, guardian, custodian, court
133133 2025 IN 205—LS 6311/DI 119 4
134134 1 appointed special advocate, guardian ad litem, or court, the
135135 2 office may provide the same report to the complainant and to
136136 3 the department of child services.
137137 4 (2) If the complainant is not a person described in subdivision
138138 5 (1), the office shall provide a redacted version of the office's
139139 6 findings to the complainant, stating in general terms that the
140140 7 actions of the department of child services were or were not
141141 8 appropriate.
142142 9 (3) The office shall provide a copy of the report and the
143143 10 office's recommendations regarding the complaint to the
144144 11 department of child services.
145145 12 (e) The office may not disclose to:
146146 13 (1) a complainant;
147147 14 (2) another person who is not a parent, guardian, or custodian
148148 15 of the child who was the subject of the department of child
149149 16 services' action or omission; or
150150 17 (3) the court, court appointed special advocate, or guardian
151151 18 ad litem of the child in a case that was filed as a child in need
152152 19 of services or termination of parental rights action;
153153 20 any information that the department of child services could not, by
154154 21 law, reveal to the complainant, person, court, court appointed
155155 22 special advocate, or guardian ad litem.
156156 23 (f) If, after reviewing a complaint or conducting an investigation
157157 24 and considering the response of an agency, facility, or program and
158158 25 any other pertinent material, the office determines that the
159159 26 complaint has merit or the investigation reveals a problem, the
160160 27 office may recommend that the agency, facility, or program:
161161 28 (1) consider the matter further;
162162 29 (2) modify or cancel the agency's, facility's, or program's
163163 30 action;
164164 31 (3) alter a rule, order, or internal policy; or
165165 32 (4) explain the agency's, facility's, or program's action more
166166 33 fully.
167167 34 (g) At the office's request, the agency, facility, or program shall,
168168 35 within a reasonable time, inform the office of the agency's,
169169 36 facility's, or program's:
170170 37 (1) action taken on the office's recommendation; or
171171 38 (2) reasons for not complying with the office's
172172 39 recommendation.
173173 40 (h) The office may not investigate a complaint from an employee
174174 41 of the department of child services that relates to the employee's
175175 42 employment relationship with the department of child services.
176176 2025 IN 205—LS 6311/DI 119 5
177177 1 (i) The office may not investigate a complaint challenging a
178178 2 department of child services substantiation of abuse or neglect that
179179 3 is the subject of a pending administrative review until:
180180 4 (1) the administrative remedies provided by law, rule, or
181181 5 written policy have been exhausted; or
182182 6 (2) the expiration of six (6) months after the initiation of the
183183 7 administrative review, if the administrative review is not
184184 8 completed or terminated within six (6) months after its
185185 9 initiation;
186186 10 whichever occurs first.
187187 11 (j) If the office does not investigate a complaint, the office shall
188188 12 notify the complainant of the office's decision not to investigate and
189189 13 the reasons for the decision.
190190 14 Sec. 8. (a) The department of child services shall give the office
191191 15 appropriate access to department of child services records of a
192192 16 child who is the subject of a complaint that is filed with the office.
193193 17 (b) A state or local government agency or entity that has records
194194 18 that are relevant to a complaint or an investigation conducted by
195195 19 the office shall provide the office with access to the records.
196196 20 (c) A person is immune from:
197197 21 (1) civil or criminal liability; and
198198 22 (2) actions authorized under:
199199 23 (A) a professional disciplinary procedure; or
200200 24 (B) procedures related to the termination or imposition of
201201 25 penalties under a contract with an employee or contractor
202202 26 of the department of child services;
203203 27 for the release or disclosure of records to the office under this
204204 28 chapter, unless the release or disclosure constitutes gross
205205 29 negligence or willful or wanton misconduct.
206206 30 (d) Information or records of a state or local government agency
207207 31 provided to the office may not be disclosed to the complainant or
208208 32 others if the information or records are confidential under laws,
209209 33 rules, or regulations governing the state or local government
210210 34 agency that provided the information or records.
211211 35 Sec. 9. The office shall do the following:
212212 36 (1) Establish procedures to receive and investigate complaints
213213 37 under section 7 of this chapter.
214214 38 (2) Establish physical, technological, and administrative
215215 39 access controls for all information maintained by the office.
216216 40 (3) Except as necessary to investigate and resolve a complaint,
217217 41 ensure that the identity of a complainant will not be disclosed
218218 42 without:
219219 2025 IN 205—LS 6311/DI 119 6
220220 1 (A) the complainant's written consent; or
221221 2 (B) a court order.
222222 3 Sec. 10. The office may adopt rules under IC 4-22-2 necessary
223223 4 to carry out this chapter.
224224 5 Sec. 11. (a) The ombudsman is not personally liable for the good
225225 6 faith performance of the ombudsman's official duties.
226226 7 (b) An employee of the office is not personally liable for the good
227227 8 faith performance of the employee's official duties.
228228 9 Sec. 12. (a) The office shall prepare a report each year on the
229229 10 operations of the office.
230230 11 (b) The office shall include the following information in the
231231 12 annual report required under subsection (a):
232232 13 (1) A description of the office's activities.
233233 14 (2) The general status of children in Indiana, including:
234234 15 (A) the health and education of children; and
235235 16 (B) the administration or implementation of programs for
236236 17 children.
237237 18 (3) Any other issues, concerns, or information concerning
238238 19 children.
239239 20 (c) A copy of the report shall be provided to the following:
240240 21 (1) The governor.
241241 22 (2) The legislative council.
242242 23 (3) The Indiana department of administration.
243243 24 (4) The department of child services.
244244 25 A report provided to the legislative council under this subsection
245245 26 must be in an electronic format under IC 5-14-6.
246246 27 (d) The department of child services shall post a copy of the
247247 28 report on the department of child services' website. The office shall
248248 29 post a copy of the report on any website maintained by the office.
249249 30 Sec. 13. A person who interferes with the ombudsman is subject
250250 31 to criminal prosecution under IC 35-44.2-1-5.
251251 32 Sec. 14. The office of the attorney general shall provide and
252252 33 maintain office space for the office.
253253 34 Sec. 15. (a) As used in this section, "succeeded office" refers to
254254 35 the office of department of child services ombudsman established
255255 36 by IC 4-13-19-3 (before its repeal).
256256 37 (b) On July 1, 2025, all powers, duties, agreements, and
257257 38 liabilities of the succeeded office are transferred to the office, as the
258258 39 successor agency.
259259 40 (c) On July 1, 2025, all records and property of the succeeded
260260 41 office, including appropriations and other funds under the control
261261 42 or supervision of the succeeded office, are transferred to the office,
262262 2025 IN 205—LS 6311/DI 119 7
263263 1 as the successor agency.
264264 2 (d) After June 30, 2025, any amounts owed to the succeeded
265265 3 office before July 1, 2025, are considered to be owed to the office,
266266 4 as the successor agency.
267267 5 (e) After June 30, 2025, a reference to the succeeded office in a
268268 6 statute, rule, or other document is considered a reference to the
269269 7 office, as the successor agency.
270270 8 (f) On July 1, 2025:
271271 9 (1) the department of child services ombudsman serving on
272272 10 June 30, 2025; and
273273 11 (2) all individuals employed by the succeeded office on June
274274 12 30, 2025;
275275 13 become employees of the office, without change in compensation,
276276 14 seniority, or benefits and are entitled to have their service under
277277 15 the succeeded office included for purposes of computing any
278278 16 applicable employment and retirement benefits.
279279 17 SECTION 3. IC 4-13-1-4, AS AMENDED BY P.L.189-2018,
280280 18 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
281281 19 JULY 1, 2025]: Sec. 4. The department shall, subject to this chapter,
282282 20 do the following:
283283 21 (1) Execute and administer all appropriations as provided by law,
284284 22 and execute and administer all provisions of law that impose
285285 23 duties and functions upon the executive department of
286286 24 government, including executive investigation of state agencies
287287 25 supported by appropriations and the assembly of all required data
288288 26 and information for the use of the executive department and the
289289 27 legislative department.
290290 28 (2) Supervise and regulate the making of contracts by state
291291 29 agencies.
292292 30 (3) Perform the property management functions required by
293293 31 IC 4-20.5-6.
294294 32 (4) Assign office space and storage space for state agencies in the
295295 33 manner provided by IC 4-20.5-5.
296296 34 (5) Maintain and operate the following for state agencies:
297297 35 (A) Central duplicating.
298298 36 (B) Printing.
299299 37 (C) Machine tabulating.
300300 38 (D) Mailing services.
301301 39 (E) Centrally available supplemental personnel and other
302302 40 essential supporting services.
303303 41 The department may require state agencies to use these general
304304 42 services in the interests of economy and efficiency. The general
305305 2025 IN 205—LS 6311/DI 119 8
306306 1 services rotary fund is established through which these services
307307 2 may be rendered to state agencies. The budget agency shall
308308 3 determine the amount for the general services rotary fund.
309309 4 (6) Control and supervise the acquisition, operation, maintenance,
310310 5 and replacement of state owned vehicles by all state agencies. The
311311 6 department may establish and operate, in the interest of economy
312312 7 and efficiency, a motor vehicle pool, and may finance the pool by
313313 8 a rotary fund. The budget agency shall determine the amount to
314314 9 be deposited in the rotary fund.
315315 10 (7) Promulgate and enforce rules relative to the travel of officers
316316 11 and employees of all state agencies when engaged in the
317317 12 performance of state business. These rules may allow
318318 13 reimbursement for travel expenses by any of the following
319319 14 methods:
320320 15 (A) Per diem.
321321 16 (B) For expenses necessarily and actually incurred.
322322 17 (C) Any combination of the methods in clauses (A) and (B).
323323 18 The rules must require the approval of the travel by the
324324 19 commissioner and the head of the officer's or employee's
325325 20 department prior to payment.
326326 21 (8) Administer IC 4-13.6.
327327 22 (9) Prescribe the amount and form of certified checks, deposits,
328328 23 or bonds to be submitted in connection with bids and contracts
329329 24 when not otherwise provided for by law.
330330 25 (10) Rent out, with the approval of the governor, any state
331331 26 property, real or personal:
332332 27 (A) not needed for public use; or
333333 28 (B) for the purpose of providing services to the state or
334334 29 employees of the state;
335335 30 the rental of which is not otherwise provided for or prohibited by
336336 31 law. Property may not be rented out under this subdivision for a
337337 32 term exceeding ten (10) years at a time. However,
338338 33 communications system infrastructure, including towers and
339339 34 associated land, improvements, foundations, access roads and
340340 35 rights-of-way, structures, fencing, and equipment that are
341341 36 necessary, proper, or convenient to transmit or receive voice or
342342 37 data communications, may be rented out under this subdivision
343343 38 for a term not to exceed twenty-five (25) years at a time. In
344344 39 addition, if property is rented out for a term of more than four (4)
345345 40 years, the commissioner must make a written determination
346346 41 stating the reasons that it is in the best interests of the state to rent
347347 42 property for the longer term. This subdivision does not include the
348348 2025 IN 205—LS 6311/DI 119 9
349349 1 power to grant or issue permits or leases to explore for or take
350350 2 coal, sand, gravel, stone, gas, oil, or other minerals or substances
351351 3 from or under the bed of any of the navigable waters of the state
352352 4 or other lands owned by the state.
353353 5 (11) Have charge of all central storerooms, supply rooms, and
354354 6 warehouses established and operated by the state and serving
355355 7 more than one (1) agency.
356356 8 (12) Enter into contracts and issue orders for printing as provided
357357 9 by IC 4-13-4.1.
358358 10 (13) Sell or dispose of surplus property under IC 5-22-22, or if
359359 11 advantageous, to exchange or trade in the surplus property toward
360360 12 the purchase of other supplies, materials, or equipment, and to
361361 13 make proper adjustments in the accounts and inventory pertaining
362362 14 to the state agencies concerned.
363363 15 (14) With respect to power, heating, and lighting plants owned,
364364 16 operated, or maintained by any state agency:
365365 17 (A) inspect;
366366 18 (B) regulate their operation; and
367367 19 (C) recommend improvements to those plants to promote
368368 20 economical and efficient operation.
369369 21 (15) Administer, determine salaries, and determine other
370370 22 personnel matters of the department of correction ombudsman
371371 23 bureau established by IC 4-13-1.2-3.
372372 24 (16) Adopt rules to establish and implement a "Code Adam"
373373 25 safety protocol as described in IC 4-20.5-6-9.2.
374374 26 (17) Adopt policies and standards for making state owned
375375 27 property reasonably available to be used free of charge as
376376 28 locations for making motion pictures.
377377 29 (18) Administer, determine salaries, and determine other
378378 30 personnel matters of the department of child services ombudsman
379379 31 established by IC 4-13-19-3.
380380 32 SECTION 4. IC 4-13-19 IS REPEALED [EFFECTIVE JULY 1,
381381 33 2025]. (Department of Child Services Ombudsman).
382382 34 SECTION 5. IC 16-49-4-2, AS ADDED BY P.L.119-2013,
383383 35 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
384384 36 JULY 1, 2025]: Sec. 2. The statewide child fatality review committee
385385 37 consists of the following members appointed by the governor:
386386 38 (1) A coroner or deputy coroner.
387387 39 (2) A representative from the state department who:
388388 40 (A) is a licensed physician; and
389389 41 (B) specializes in injury prevention.
390390 42 (3) A representative of a:
391391 2025 IN 205—LS 6311/DI 119 10
392392 1 (A) local health department established under IC 16-20-2; or
393393 2 (B) multiple county health department established under
394394 3 IC 16-20-3.
395395 4 (4) A pediatrician.
396396 5 (5) A representative of law enforcement who has experience in
397397 6 investigating child deaths.
398398 7 (6) A representative from an emergency medical services
399399 8 provider.
400400 9 (7) The director or a representative of the department of child
401401 10 services.
402402 11 (8) A representative of a prosecuting attorney who has experience
403403 12 in prosecuting child abuse.
404404 13 (9) A pathologist who is:
405405 14 (A) certified by the American Board of Pathology in forensic
406406 15 pathology; and
407407 16 (B) licensed to practice medicine in Indiana.
408408 17 (10) A mental health provider.
409409 18 (11) A representative of a child abuse prevention program.
410410 19 (12) A representative of the department of education.
411411 20 (13) An epidemiologist.
412412 21 (14) The state child fatality review coordinator.
413413 22 (15) At the discretion of the department of child services
414414 23 ombudsman, a representative of the office of the department of
415415 24 child services ombudsman established by IC 4-13-19-3.
416416 25 IC 4-6-17-4.
417417 26 SECTION 6. IC 16-49-4-4, AS ADDED BY P.L.119-2013,
418418 27 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
419419 28 JULY 1, 2025]: Sec. 4. The statewide child fatality review committee
420420 29 shall do the following:
421421 30 (1) Compile and analyze data recorded by local child fatality
422422 31 review teams in reviewing child fatalities.
423423 32 (2) Review child mortality records and examine all other records
424424 33 relevant to child fatalities in Indiana.
425425 34 (3) Assist efforts by local child fatality review teams by:
426426 35 (A) overseeing the creation of standardized forms and
427427 36 protocols necessary for the review of child deaths;
428428 37 (B) providing expertise by answering questions related to a
429429 38 child's death that a local child fatality review team is
430430 39 reviewing;
431431 40 (C) establishing and sponsoring training programs for
432432 41 members of local child fatality review teams; and
433433 42 (D) providing, upon request of a local child fatality review
434434 2025 IN 205—LS 6311/DI 119 11
435435 1 team, expertise in creating local prevention strategies.
436436 2 (4) Upon request by a local child fatality review team or the
437437 3 department of child services ombudsman established by
438438 4 IC 4-13-19-3, IC 4-6-17-4, assist in or conduct a review of the
439439 5 death of a child as provided under section 5 of this chapter.
440440 6 (5) Create strategies and make recommendations for the safety of
441441 7 children and prevention of serious injuries or deaths of children.
442442 8 SECTION 7. IC 16-49-4-5, AS AMENDED BY P.L.56-2023,
443443 9 SECTION 174, IS AMENDED TO READ AS FOLLOWS
444444 10 [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) Upon request by a local child
445445 11 fatality review team or the department of child services ombudsman
446446 12 established by IC 4-13-19-3, IC 4-6-17-4, the statewide child fatality
447447 13 review committee shall assist a local child fatality review team or
448448 14 conduct a review of the death of a child that occurred in Indiana if:
449449 15 (1) the death of the child is:
450450 16 (A) sudden;
451451 17 (B) unexpected;
452452 18 (C) unexplained; or
453453 19 (D) assessed by the department of child services for alleged
454454 20 abuse or neglect that resulted in the death of the child; or
455455 21 (2) the coroner in the area in which the child's death occurred
456456 22 determines that the cause of the death of the child is:
457457 23 (A) undetermined; or
458458 24 (B) the result of a homicide, suicide, or accident.
459459 25 (b) In conducting a child fatality review under subsection (a), the
460460 26 statewide child fatality review committee may review all applicable
461461 27 records and information related to the death of the child, including the
462462 28 following:
463463 29 (1) Records held by the:
464464 30 (A) state department or local health department; and
465465 31 (B) department of child services.
466466 32 (2) Medical records.
467467 33 (3) Law enforcement records.
468468 34 (4) Autopsy reports.
469469 35 (5) Records of the coroner.
470470 36 (6) Mental health reports.
471471 37 (c) Subject to IC 34-30-15, if the statewide child fatality review
472472 38 committee requests records from a hospital, physician, coroner, law
473473 39 enforcement officer, or mental health professional regarding a death
474474 40 that the statewide child fatality review committee is investigating, the
475475 41 hospital, physician, coroner, law enforcement officer, or mental health
476476 42 professional shall provide the requested records to the statewide child
477477 2025 IN 205—LS 6311/DI 119 12
478478 1 fatality review committee.
479479 2 (d) A person who provides records in accordance with subsection
480480 3 (c) in good faith is not subject to liability in:
481481 4 (1) a civil;
482482 5 (2) an administrative;
483483 6 (3) a disciplinary; or
484484 7 (4) a criminal;
485485 8 action that might otherwise be imposed as a result of such disclosure.
486486 9 (e) Except as otherwise provided in this article, information and
487487 10 records acquired by the statewide child fatality review committee in the
488488 11 exercise of its duties under this chapter are confidential and exempt
489489 12 from disclosure.
490490 13 (f) Records, information, documents, and reports acquired or
491491 14 produced by the statewide child fatality review committee are not:
492492 15 (1) subject to subpoena or discovery; or
493493 16 (2) admissible as evidence;
494494 17 in any judicial or administrative proceeding. Information that is
495495 18 otherwise discoverable or admissible from original sources is not
496496 19 immune from discovery or use in any proceeding merely because the
497497 20 information was presented during proceedings before the statewide
498498 21 child fatality review committee.
499499 22 SECTION 8. IC 31-25-5-1, AS ADDED BY P.L.182-2009(ss),
500500 23 SECTION 373, IS AMENDED TO READ AS FOLLOWS
501501 24 [EFFECTIVE JULY 1, 2025]: Sec. 1. As used in this chapter,
502502 25 "ombudsman" refers to the office of the department of child services
503503 26 ombudsman established within the Indiana department of
504504 27 administration by IC 4-13-19-3. office of the attorney general by
505505 28 IC 4-6-17-4. The term includes an employee of the office of the
506506 29 department of child services ombudsman or an individual approved by
507507 30 the office of the department of child services ombudsman to receive,
508508 31 investigate, and resolve complaints that allege the department, by an
509509 32 action or omission, failed to protect the physical or mental health or
510510 33 safety of any child or failed to follow specific laws, rules, or written
511511 34 policies.
512512 35 SECTION 9. IC 31-27-3-18, AS AMENDED BY P.L.123-2014,
513513 36 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
514514 37 JULY 1, 2025]: Sec. 18. (a) A licensee shall keep records regarding
515515 38 each child in the control and care of the licensee as the department
516516 39 requires and shall report to the department upon request the facts the
517517 40 department requires with reference to children.
518518 41 (b) The department shall keep records regarding children and facts
519519 42 learned about children and the children's relatives confidential.
520520 2025 IN 205—LS 6311/DI 119 13
521521 1 (c) The following have access to records regarding children and
522522 2 facts learned about children:
523523 3 (1) A state agency involved in the licensing of the child caring
524524 4 institution.
525525 5 (2) A legally mandated child protection agency.
526526 6 (3) A law enforcement agency.
527527 7 (4) An agency having the legal responsibility to care for a child
528528 8 placed at the child caring institution.
529529 9 (5) The parent, guardian, or custodian of the child at the child
530530 10 caring institution.
531531 11 (6) A citizen review panel established under IC 31-25-2-20.4.
532532 12 (7) The department of child services ombudsman established by
533533 13 IC 4-13-19-3. IC 4-6-17-4.
534534 14 SECTION 10. IC 31-27-4-21, AS AMENDED BY P.L.123-2014,
535535 15 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
536536 16 JULY 1, 2025]: Sec. 21. (a) A licensee shall keep records required by
537537 17 the department regarding each child in the control and care of the
538538 18 licensee and shall report to the department upon request the facts the
539539 19 department requires with reference to children.
540540 20 (b) The department shall keep records regarding children and facts
541541 21 learned about children and the children's relatives confidential.
542542 22 (c) The following have access to records regarding children and
543543 23 facts learned about children:
544544 24 (1) A state agency involved in the licensing of the foster family
545545 25 home.
546546 26 (2) A legally mandated child protection agency.
547547 27 (3) A law enforcement agency.
548548 28 (4) An agency having the legal responsibility to care for a child
549549 29 placed at the foster family home.
550550 30 (5) The parent, guardian, or custodian of the child at the foster
551551 31 family home.
552552 32 (6) A citizen review panel established under IC 31-25-2-20.4.
553553 33 (7) The department of child services ombudsman established by
554554 34 IC 4-13-19-3. IC 4-6-17-4.
555555 35 SECTION 11. IC 31-27-5-18, AS AMENDED BY P.L.123-2014,
556556 36 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
557557 37 JULY 1, 2025]: Sec. 18. (a) A licensee shall keep records required by
558558 38 the department regarding each child in the control and care of the
559559 39 licensee and shall report to the department, upon request, the facts the
560560 40 department requires with reference to children.
561561 41 (b) The department shall keep records regarding children and facts
562562 42 learned about children and the children's relatives confidential.
563563 2025 IN 205—LS 6311/DI 119 14
564564 1 (c) The following have access to records regarding children and
565565 2 facts learned about children:
566566 3 (1) A state agency involved in the licensing of the group home.
567567 4 (2) A legally mandated child protection agency.
568568 5 (3) A law enforcement agency.
569569 6 (4) An agency having the legal responsibility to care for a child
570570 7 placed at the group home.
571571 8 (5) The parent, guardian, or custodian of the child at the group
572572 9 home.
573573 10 (6) A citizen review panel established under IC 31-25-2-20.4.
574574 11 (7) The department of child services ombudsman established by
575575 12 IC 4-13-19-3. IC 4-6-17-4.
576576 13 SECTION 12. IC 31-27-6-15, AS AMENDED BY P.L.123-2014,
577577 14 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
578578 15 JULY 1, 2025]: Sec. 15. (a) A licensee shall keep records required by
579579 16 the department regarding each child in the control and care of the
580580 17 licensee and shall report to the department upon request the facts the
581581 18 department requires with reference to children.
582582 19 (b) The department shall keep records regarding children and facts
583583 20 learned about children and the children's relatives confidential.
584584 21 (c) The following have access to records regarding children and
585585 22 facts learned about children:
586586 23 (1) A state agency involved in the licensing of the child placing
587587 24 agency.
588588 25 (2) A legally mandated child protection agency.
589589 26 (3) A law enforcement agency.
590590 27 (4) A citizen review panel established under IC 31-25-2-20.4.
591591 28 (5) The department of child services ombudsman established by
592592 29 IC 4-13-19-3. IC 4-6-17-4.
593593 30 SECTION 13. IC 31-33-18-1, AS AMENDED BY P.L.77-2023,
594594 31 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
595595 32 JULY 1, 2025]: Sec. 1. (a) Except as provided in section 1.5 of this
596596 33 chapter, the following are confidential:
597597 34 (1) Reports made under this article (or IC 31-6-11 before its
598598 35 repeal).
599599 36 (2) Any other information, documents, reports, pictures, videos,
600600 37 images, or recordings obtained, possessed, produced, or created
601601 38 by:
602602 39 (A) the division of family resources;
603603 40 (B) the local office;
604604 41 (C) the department; or
605605 42 (D) the department of child services ombudsman established
606606 2025 IN 205—LS 6311/DI 119 15
607607 1 by IC 4-13-19-3; IC 4-6-17-4;
608608 2 concerning a child or family with whom the department has
609609 3 received a report or referral or has been involved with during any
610610 4 stage of the department's investigation, including post-assessment
611611 5 or post-adoption activity.
612612 6 (b) Except as provided in section 1.5 of this chapter, all records held
613613 7 by:
614614 8 (1) the division of family resources;
615615 9 (2) a local office;
616616 10 (3) the department;
617617 11 (4) a local child fatality review team established under
618618 12 IC 16-49-2;
619619 13 (5) the statewide child fatality review committee established
620620 14 under IC 16-49-4; or
621621 15 (6) the department of child services ombudsman established by
622622 16 IC 4-13-19-3; IC 4-6-17-4;
623623 17 regarding the death of a child determined to be a result of abuse,
624624 18 abandonment, or neglect are confidential and may not be disclosed.
625625 19 SECTION 14. IC 31-33-18-1.5, AS AMENDED BY P.L.77-2023,
626626 20 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
627627 21 JULY 1, 2025]: Sec. 1.5. (a) This section applies to records held by:
628628 22 (1) a local office;
629629 23 (2) the department; or
630630 24 (3) the department of child services ombudsman established by
631631 25 IC 4-13-19-3; IC 4-6-17-4;
632632 26 regarding a child whose death or near fatality may have been the result
633633 27 of abuse, abandonment, or neglect.
634634 28 (b) For purposes of subsection (a), a child's death or near fatality
635635 29 may have been the result of abuse, abandonment, or neglect if:
636636 30 (1) an entity described in subsection (a) determines that the child's
637637 31 death or near fatality is the result of abuse, abandonment, or
638638 32 neglect; or
639639 33 (2) a prosecuting attorney files:
640640 34 (A) an indictment or information; or
641641 35 (B) a complaint alleging the commission of a delinquent act;
642642 36 that, if proven, would cause a reasonable person to believe that
643643 37 the child's death or near fatality may have been the result of
644644 38 abuse, abandonment, or neglect.
645645 39 Upon the request of any person, or upon its own motion, the court
646646 40 exercising juvenile jurisdiction in the county in which the child's death
647647 41 or near fatality occurred shall determine whether the allegations
648648 42 contained in the indictment, information, or complaint described in
649649 2025 IN 205—LS 6311/DI 119 16
650650 1 subdivision (2), if proven, would cause a reasonable person to believe
651651 2 that the child's death or near fatality may have been the result of abuse,
652652 3 abandonment, or neglect.
653653 4 (c) If the juvenile court finds that the child's death or near fatality
654654 5 was the result of abuse, abandonment, or neglect, the court shall make
655655 6 written findings and provide a copy of the findings and the indictment,
656656 7 information, or complaint described under subsection (b)(2) to the
657657 8 department.
658658 9 (d) As used in this section:
659659 10 (1) "case" means:
660660 11 (A) any intake report or other documentation such as a referral
661661 12 or other matter received or generated by the department;
662662 13 (B) any investigation or assessment conducted by the
663663 14 department; or
664664 15 (C) ongoing involvement between the department and a child
665665 16 or family that is the result of:
666666 17 (i) a program of informal adjustment; or
667667 18 (ii) a child in need of services action;
668668 19 for which related records and documents have not been expunged
669669 20 as required by law or by a court at the time the department is
670670 21 notified of a fatality or near fatality;
671671 22 (2) "contact" means in person communication about a case in
672672 23 which:
673673 24 (A) the child who is the victim of a fatality or near fatality is
674674 25 alleged to be a victim; or
675675 26 (B) the perpetrator of the fatality or near fatality is alleged to
676676 27 be the perpetrator;
677677 28 (3) "identifying information" means information that identifies an
678678 29 individual, including an individual's:
679679 30 (A) name, address, date of birth, occupation, place of
680680 31 employment, and telephone number;
681681 32 (B) employer identification number, mother's maiden name,
682682 33 Social Security number, or any identification number issued by
683683 34 a governmental entity;
684684 35 (C) unique biometric data, including the individual's
685685 36 fingerprint, voice print, or retina or iris image;
686686 37 (D) unique electronic identification number, address, or
687687 38 routing code;
688688 39 (E) telecommunication identifying information; or
689689 40 (F) telecommunication access device, including a card, a plate,
690690 41 a code, an account number, a personal identification number,
691691 42 an electronic serial number, a mobile identification number, or
692692 2025 IN 205—LS 6311/DI 119 17
693693 1 another telecommunications service or device or means of
694694 2 account access;
695695 3 (4) "life threatening" means an injury or condition that is
696696 4 categorized as "serious" or "critical" in patient hospital records;
697697 5 and
698698 6 (5) "near fatality" means a severe childhood injury or condition
699699 7 that is certified by a physician as being life threatening.
700700 8 (e) Unless:
701701 9 (1) a police investigation or criminal prosecution is ongoing; or
702702 10 (2) information in a record is otherwise confidential under state
703703 11 or federal law;
704704 12 a record described in subsection (a) that has been redacted in
705705 13 accordance with this section is not confidential and may be disclosed
706706 14 to any person who requests the record. The person requesting the
707707 15 record may be required to pay the reasonable expenses of copying the
708708 16 record.
709709 17 (f) When a person requests a record described in subsection (a), the
710710 18 entity having control of the record shall immediately transmit a copy of
711711 19 the record to the court exercising juvenile jurisdiction in the county in
712712 20 which the death or near fatality of the child occurred. However, if the
713713 21 court requests that the entity having control of a record transmit the
714714 22 original record, the entity shall transmit the original record.
715715 23 (g) Upon receipt of the record described in subsection (a), the court
716716 24 shall, within thirty (30) days, redact the record to exclude:
717717 25 (1) identifying information described in subsection (d)(3)(B)
718718 26 through (d)(3)(F) of a person; and
719719 27 (2) all identifying information of a child less than eighteen (18)
720720 28 years of age.
721721 29 (h) The court shall disclose the record redacted in accordance with
722722 30 subsection (g) to any person who requests the record, if the person has
723723 31 paid:
724724 32 (1) to the entity having control of the record, the reasonable
725725 33 expenses of copying under IC 5-14-3-8; and
726726 34 (2) to the court, the reasonable expenses of copying the record.
727727 35 (i) The data and information in a record disclosed under this section
728728 36 must include the following:
729729 37 (1) A summary of the report of abuse or neglect and a factual
730730 38 description of the contents of the report.
731731 39 (2) The age and gender of the child.
732732 40 (3) The cause of the fatality or near fatality, if the cause has been
733733 41 determined.
734734 42 (4) Whether the department had any contact with the child or the
735735 2025 IN 205—LS 6311/DI 119 18
736736 1 perpetrator before the fatality or near fatality, and, if the
737737 2 department had contact, the following:
738738 3 (A) The frequency of the contact with the child or the
739739 4 perpetrator before the fatality or near fatality and the date on
740740 5 which the last contact occurred before the fatality or near
741741 6 fatality.
742742 7 (B) A summary of the status of the child's case at the time of
743743 8 the fatality or near fatality, including:
744744 9 (i) whether the child's case was closed by the department
745745 10 before the fatality or near fatality; and
746746 11 (ii) if the child's case was closed as described under item (i),
747747 12 the date of closure and the reasons that the case was closed.
748748 13 (j) The court's determination under subsection (g) that certain
749749 14 identifying information or other information is not relevant to
750750 15 establishing the facts and circumstances leading to the death or near
751751 16 fatality of a child is not admissible in a criminal proceeding or civil
752752 17 action.
753753 18 SECTION 15. IC 31-33-18-2, AS AMENDED BY P.L.54-2024,
754754 19 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
755755 20 JULY 1, 2025]: Sec. 2. Except as otherwise prohibited by federal law,
756756 21 the reports and other material described in section 1(a) of this chapter
757757 22 and the unredacted reports and other material described in section 1(b)
758758 23 of this chapter shall be made available only to the following:
759759 24 (1) Persons authorized by this article.
760760 25 (2) A legally mandated public or private child protective agency
761761 26 investigating a report of child abuse or neglect or treating a child
762762 27 or family that is the subject of a report or record.
763763 28 (3) Any of the following who are investigating a report of a child
764764 29 who may be a victim of child abuse or neglect:
765765 30 (A) A police officer or other law enforcement agency.
766766 31 (B) A prosecuting attorney.
767767 32 (C) A coroner, in the case of the death of a child.
768768 33 (4) A physician who has before the physician a child whom the
769769 34 physician reasonably suspects may be a victim of child abuse or
770770 35 neglect.
771771 36 (5) An individual legally authorized to place a child in protective
772772 37 custody if:
773773 38 (A) the individual has before the individual a child whom the
774774 39 individual reasonably suspects may be a victim of abuse or
775775 40 neglect; and
776776 41 (B) the individual requires the information in the report or
777777 42 record to determine whether to place the child in protective
778778 2025 IN 205—LS 6311/DI 119 19
779779 1 custody.
780780 2 (6) An agency having the legal responsibility or authorization to
781781 3 care for, treat, or supervise a child who is the subject of a report
782782 4 or record or a parent, guardian, custodian, or other person who is
783783 5 responsible for the child's welfare.
784784 6 (7) An individual named in the report or record who is alleged to
785785 7 be abused or neglected or, if the individual named in the report is
786786 8 a child or is otherwise incompetent, the individual's guardian ad
787787 9 litem or the individual's court appointed special advocate, or both.
788788 10 (8) Each parent, guardian, custodian, or other person responsible
789789 11 for the welfare of a child named in a report or record and an
790790 12 attorney of the person described under this subdivision, with
791791 13 protection for the identity of reporters and other appropriate
792792 14 individuals.
793793 15 (9) A court, for redaction of the record in accordance with section
794794 16 1.5 of this chapter, or upon the court's finding that access to the
795795 17 records may be necessary for determination of an issue before the
796796 18 court. However, except for disclosure of a redacted record in
797797 19 accordance with section 1.5 of this chapter, access is limited to in
798798 20 camera inspection unless the court determines that public
799799 21 disclosure of the information contained in the records is necessary
800800 22 for the resolution of an issue then pending before the court.
801801 23 (10) A grand jury upon the grand jury's determination that access
802802 24 to the records is necessary in the conduct of the grand jury's
803803 25 official business.
804804 26 (11) An appropriate state or local official responsible for child
805805 27 protection services or legislation carrying out the official's official
806806 28 functions.
807807 29 (12) The community child protection team appointed under
808808 30 IC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request, to
809809 31 enable the team to carry out the team's purpose under IC 31-33-3.
810810 32 (13) A person about whom a report has been made, with
811811 33 protection for the identity of:
812812 34 (A) any person reporting known or suspected child abuse or
813813 35 neglect; and
814814 36 (B) any other person if the person or agency making the
815815 37 information available finds that disclosure of the information
816816 38 would be likely to endanger the life or safety of the person.
817817 39 (14) An employee of the department, a caseworker, or a juvenile
818818 40 probation officer conducting a criminal history check under
819819 41 IC 31-26-5, IC 31-34, or IC 31-37 to determine the
820820 42 appropriateness of an out-of-home placement for a:
821821 2025 IN 205—LS 6311/DI 119 20
822822 1 (A) child at imminent risk of placement;
823823 2 (B) child in need of services; or
824824 3 (C) delinquent child.
825825 4 The results of a criminal history check conducted under this
826826 5 subdivision must be disclosed to a court determining the
827827 6 placement of a child described in clauses (A) through (C).
828828 7 (15) A local child fatality review team established under
829829 8 IC 16-49-2.
830830 9 (16) The statewide child fatality review committee established by
831831 10 IC 16-49-4.
832832 11 (17) The department.
833833 12 (18) The division of family resources, if the investigation report:
834834 13 (A) is classified as substantiated; and
835835 14 (B) concerns:
836836 15 (i) an applicant for a license to operate;
837837 16 (ii) a person licensed to operate;
838838 17 (iii) an employee of; or
839839 18 (iv) a volunteer providing services at;
840840 19 a child care center licensed under IC 12-17.2-4 or a child care
841841 20 home licensed under IC 12-17.2-5.
842842 21 (19) A citizen review panel established under IC 31-25-2-20.4.
843843 22 (20) The department of child services ombudsman established by
844844 23 IC 4-13-19-3. IC 4-6-17-4.
845845 24 (21) The secretary of education with protection for the identity of:
846846 25 (A) any person reporting known or suspected child abuse or
847847 26 neglect; and
848848 27 (B) any other person if the person or agency making the
849849 28 information available finds that disclosure of the information
850850 29 would be likely to endanger the life or safety of the person.
851851 30 (22) The state child fatality review coordinator employed by the
852852 31 Indiana department of health under IC 16-49-5-1.
853853 32 (23) A person who operates a child caring institution, group
854854 33 home, or secure private facility if all the following apply:
855855 34 (A) The child caring institution, group home, or secure private
856856 35 facility is licensed under IC 31-27.
857857 36 (B) The report or other materials concern:
858858 37 (i) an employee of;
859859 38 (ii) a volunteer providing services at; or
860860 39 (iii) a child placed at;
861861 40 the child caring institution, group home, or secure private
862862 41 facility.
863863 42 (C) The allegation in the report occurred at the child caring
864864 2025 IN 205—LS 6311/DI 119 21
865865 1 institution, group home, or secure private facility.
866866 2 (24) A person who operates a child placing agency if all the
867867 3 following apply:
868868 4 (A) The child placing agency is licensed under IC 31-27.
869869 5 (B) The report or other materials concern:
870870 6 (i) a child placed in a foster home licensed by the child
871871 7 placing agency;
872872 8 (ii) a person licensed by the child placing agency to operate
873873 9 a foster family home;
874874 10 (iii) an employee of the child placing agency or a foster
875875 11 family home licensed by the child placing agency; or
876876 12 (iv) a volunteer providing services at the child placing
877877 13 agency or a foster family home licensed by the child placing
878878 14 agency.
879879 15 (C) The allegations in the report occurred in the foster family
880880 16 home or in the course of employment or volunteering at the
881881 17 child placing agency or foster family home.
882882 18 (25) The National Center for Missing and Exploited Children.
883883 19 (26) A local domestic violence fatality review team established
884884 20 under IC 12-18-8, as determined by the department to be relevant
885885 21 to the death or near fatality that the local domestic violence
886886 22 fatality review team is reviewing.
887887 23 (27) The statewide domestic violence fatality review committee
888888 24 established under IC 12-18-9-3, as determined by the department
889889 25 to be relevant to the death or near fatality that the statewide
890890 26 domestic violence fatality review committee is reviewing.
891891 27 (28) The statewide maternal mortality review committee
892892 28 established under IC 16-50-1-3, as determined by the department
893893 29 to be relevant to the case of maternal morbidity or maternal
894894 30 mortality that the statewide maternal mortality review committee
895895 31 is reviewing.
896896 32 (29) A local fetal-infant mortality review team established under
897897 33 IC 16-49-6, as determined by the department to be relevant to the
898898 34 case of fetal or infant fatality that the local fetal-infant mortality
899899 35 review team is reviewing.
900900 36 (30) A suicide and overdose fatality review team established
901901 37 under IC 16-49.5-2, as determined by the department to be
902902 38 relevant to the case of a suicide or overdose fatality that the
903903 39 suicide and overdose fatality review team is reviewing.
904904 40 (31) The office of administrative law proceedings for a matter that
905905 41 is the subject of an administrative proceeding before the office of
906906 42 administrative law proceedings.
907907 2025 IN 205—LS 6311/DI 119 22
908908 1 (32) A tribal representative, agency, or organization authorized by
909909 2 the Indian child's tribe to care for, diagnose, treat, review,
910910 3 evaluate, or monitor active efforts regarding an Indian child, and
911911 4 the Indian child's parent, guardian, or custodian.
912912 5 (33) The United States Department of State and foreign
913913 6 governments to comply with federal law and treaties.
914914 7 (34) A child advocacy center when the child advocacy center has
915915 8 before it an investigation of child abuse or neglect in which it is
916916 9 facilitating a forensic interview or facilitating a case discussion or
917917 10 case review.
918918 11 SECTION 16. IC 31-33-26-5, AS AMENDED BY P.L.162-2011,
919919 12 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
920920 13 JULY 1, 2025]: Sec. 5. (a) The department shall establish access
921921 14 restrictions in order to maintain the security and confidentiality of the
922922 15 index as required by this chapter.
923923 16 (b) The department of child services ombudsman established by
924924 17 IC 4-13-19-3 IC 4-6-17-4 shall have read only access to the index
925925 18 concerning:
926926 19 (1) children who are the subject of complaints filed with; or
927927 20 (2) cases being investigated by;
928928 21 the department of child services ombudsman. The office of the
929929 22 department of child services ombudsman shall not have access to any
930930 23 information related to cases or information that involves the
931931 24 ombudsman or any member of the ombudsman's immediate family.
932932 25 SECTION 17. IC 31-39-2-6, AS AMENDED BY P.L.128-2012,
933933 26 SECTION 176, IS AMENDED TO READ AS FOLLOWS
934934 27 [EFFECTIVE JULY 1, 2025]: Sec. 6. The records of the juvenile court
935935 28 are available without a court order to:
936936 29 (1) the attorney for the department of child services; or
937937 30 (2) any authorized staff member of:
938938 31 (A) the local office;
939939 32 (B) the department of child services;
940940 33 (C) the department of correction; or
941941 34 (D) the department of child services ombudsman established
942942 35 by IC 4-13-19-3. IC 4-6-17-4.
943943 36 SECTION 18. IC 31-39-4-7, AS AMENDED BY P.L.182-2009(ss),
944944 37 SECTION 385, IS AMENDED TO READ AS FOLLOWS
945945 38 [EFFECTIVE JULY 1, 2025]: Sec. 7. The records of a law enforcement
946946 39 agency are available, without specific permission from the head of the
947947 40 agency, to:
948948 41 (1) the attorney for the department of child services or any
949949 42 authorized staff member; or
950950 2025 IN 205—LS 6311/DI 119 23
951951 1 (2) any authorized staff member of the department of child
952952 2 services ombudsman established by IC 4-13-19-3. IC 4-6-17-4.
953953 3 SECTION 19. IC 31-39-9-1, AS AMENDED BY P.L.182-2009(ss),
954954 4 SECTION 386, IS AMENDED TO READ AS FOLLOWS
955955 5 [EFFECTIVE JULY 1, 2025]: Sec. 1. The following entities and
956956 6 agencies may exchange records of a child who is a child in need of
957957 7 services or has been determined to be a delinquent child under
958958 8 IC 31-37-1-2, if the information or records are not confidential under
959959 9 state or federal law:
960960 10 (1) A court.
961961 11 (2) A law enforcement agency.
962962 12 (3) The department of correction.
963963 13 (4) The department of child services.
964964 14 (5) The office of the secretary of family and social services.
965965 15 (6) A primary or secondary school, including a public or
966966 16 nonpublic school.
967967 17 (7) The department of child services ombudsman established by
968968 18 IC 4-13-19-3. IC 4-6-17-4.
969969 19 SECTION 20. IC 34-30-2.1-2.2 IS ADDED TO THE INDIANA
970970 20 CODE AS A NEW SECTION TO READ AS FOLLOWS
971971 21 [EFFECTIVE JULY 1, 2025]: Sec. 2.2. IC 4-6-17-8 (Concerning a
972972 22 person who releases information to the department of child
973973 23 services ombudsman).
974974 24 SECTION 21. IC 34-30-2.1-2.3 IS ADDED TO THE INDIANA
975975 25 CODE AS A NEW SECTION TO READ AS FOLLOWS
976976 26 [EFFECTIVE JULY 1, 2025]: Sec. 2.3. IC 4-6-17-11 (Concerning the
977977 27 office of the department of child services ombudsman for the good
978978 28 faith performance of official duties).
979979 29 SECTION 22. IC 34-30-2.1-7 IS REPEALED [EFFECTIVE JULY
980980 30 1, 2025]. Sec. 7. IC 4-13-19-6 (Concerning a person who releases
981981 31 information to the department of child services ombudsman).
982982 32 SECTION 23. IC 34-30-2.1-8 IS REPEALED [EFFECTIVE JULY
983983 33 1, 2025]. Sec. 8. IC 4-13-19-9 (Concerning the department of child
984984 34 services ombudsman for the good faith performance of official duties).
985985 2025 IN 205—LS 6311/DI 119