Introduced Version
SENATE BILL No. 205
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-6; IC 4-13; IC 16-49-4; IC 31-25-5-1;
IC 31-27; IC 31-33; IC 31-39; IC 34-30-2.1.
Synopsis: Department of child services ombudsman. Transfers the
office of the department of child services ombudsman from the
department of administration to the office of the attorney general.
Effective: July 1, 2025.
Tomes
January 8, 2025, read first time and referred to Committee on Family and Children
Services.
2025 IN 205—LS 6311/DI 119 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 205
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 4-6-2-13 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 13. The attorney general shall:
4 (1) administer; and
5 (2) determine salaries and other personnel matters of;
6 the office of the department of child services ombudsman
7 established by IC 4-6-17-4.
8 SECTION 2. IC 4-6-17 IS ADDED TO THE INDIANA CODE AS
9 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
10 1, 2025]:
11 Chapter 17. Department of Child Services Ombudsman
12 Sec. 1. As used in this chapter, "child" means a person who:
13 (1) is less than eighteen (18) years of age;
14 (2) is at least eighteen (18) years of age at the time a complaint
15 is made but was less than eighteen (18) years of age at the
16 time of the alleged act or omission that is the subject of the
17 complaint; or
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1 (3) is at least eighteen (18) years of age but has been under the
2 continuing jurisdiction of a juvenile court based upon an
3 informal adjustment, child in need of services action under
4 IC 31-34, or termination of parental rights action under
5 IC 31-35 since becoming eighteen (18) years of age.
6 Sec. 2. As used in this chapter, "office" refers to the office of the
7 department of child services ombudsman established by section 4
8 of this chapter.
9 Sec. 3. As used in this chapter, "ombudsman" means the person
10 appointed by the governor to serve as the department of child
11 services ombudsman under section 5 of this chapter.
12 Sec. 4. The office of the department of child services
13 ombudsman is established as a separate bureau within the office of
14 the attorney general.
15 Sec. 5. (a) The governor shall appoint the ombudsman.
16 (b) The ombudsman serves at the pleasure of the governor.
17 (c) The individual appointed as ombudsman must:
18 (1) be an attorney licensed to practice law in Indiana or a
19 social worker with at least a master's degree; and
20 (2) have significant experience or education in child
21 development and child advocacy, including at least two (2)
22 years of experience working with cases of child abuse and
23 neglect.
24 (d) An individual may not be appointed as ombudsman if the
25 individual has been employed by the department of child services
26 at any time during the preceding twelve (12) months.
27 (e) The governor shall appoint a successor ombudsman not later
28 than thirty (30) days after a vacancy occurs in the position of
29 ombudsman.
30 Sec. 6. (a) The ombudsman reports directly to the attorney
31 general.
32 (b) The office:
33 (1) shall employ at least two (2) full-time employees to assist
34 the ombudsman with receiving, investigating, and attempting
35 to resolve complaints described in section 7 of this chapter;
36 and
37 (2) may employ technical experts and other employees to
38 carry out the purposes of this chapter.
39 (c) The office may not employ an individual if the individual has
40 been employed by the department of child services during the
41 preceding twelve (12) months.
42 (d) The ombudsman and any other person employed by the
2025 IN 205—LS 6311/DI 119 3
1 office or authorized by the ombudsman to act on behalf of the
2 office:
3 (1) shall submit to the same criminal history and background
4 checks, to be performed by the department of child services,
5 that are required for department of child services family case
6 managers; and
7 (2) are subject to disqualification for employment criteria in
8 the same manner as department of child services family case
9 managers.
10 Sec. 7. (a) The office may receive, investigate, and attempt to
11 resolve complaints alleging that the department of child services,
12 by an action or omission occurring on or after January 11, 2005,
13 failed to protect the physical or mental health or safety of any child
14 or failed to follow specific laws, rules, or written policies.
15 (b) The office may also do the following:
16 (1) Take action, including by establishing a program of public
17 education, to secure and ensure the legal rights of children.
18 (2) When appropriate, refer a person making a report of child
19 abuse or neglect to the department of child services and, if
20 appropriate, to an appropriate law enforcement agency.
21 (3) Recommend changes in procedures for investigating
22 reports of abuse and neglect and overseeing the welfare of
23 children who are under the jurisdiction of a juvenile court.
24 (4) Make the public aware of the services of the ombudsman,
25 the purpose of the office, and information concerning
26 contacting the office.
27 (5) Examine policies and procedures relevant to the safety and
28 welfare of children and evaluate the effectiveness of the child
29 protection system, particularly the respective roles of the
30 department of child services, the courts, the medical
31 community, service providers, guardians ad litem, court
32 appointed special advocates, and law enforcement agencies.
33 (6) Review and make recommendations concerning
34 investigative procedures and emergency responses contained
35 in the report prepared under section 12 of this chapter.
36 (c) Upon request of the office, a local child protection team that
37 was not involved in the initial investigation of a matter shall assist
38 the office by investigating and making recommendations on the
39 matter.
40 (d) At the end of an investigation of a complaint, the office shall
41 provide an appropriate report as follows:
42 (1) If the complainant is a parent, guardian, custodian, court
2025 IN 205—LS 6311/DI 119 4
1 appointed special advocate, guardian ad litem, or court, the
2 office may provide the same report to the complainant and to
3 the department of child services.
4 (2) If the complainant is not a person described in subdivision
5 (1), the office shall provide a redacted version of the office's
6 findings to the complainant, stating in general terms that the
7 actions of the department of child services were or were not
8 appropriate.
9 (3) The office shall provide a copy of the report and the
10 office's recommendations regarding the complaint to the
11 department of child services.
12 (e) The office may not disclose to:
13 (1) a complainant;
14 (2) another person who is not a parent, guardian, or custodian
15 of the child who was the subject of the department of child
16 services' action or omission; or
17 (3) the court, court appointed special advocate, or guardian
18 ad litem of the child in a case that was filed as a child in need
19 of services or termination of parental rights action;
20 any information that the department of child services could not, by
21 law, reveal to the complainant, person, court, court appointed
22 special advocate, or guardian ad litem.
23 (f) If, after reviewing a complaint or conducting an investigation
24 and considering the response of an agency, facility, or program and
25 any other pertinent material, the office determines that the
26 complaint has merit or the investigation reveals a problem, the
27 office may recommend that the agency, facility, or program:
28 (1) consider the matter further;
29 (2) modify or cancel the agency's, facility's, or program's
30 action;
31 (3) alter a rule, order, or internal policy; or
32 (4) explain the agency's, facility's, or program's action more
33 fully.
34 (g) At the office's request, the agency, facility, or program shall,
35 within a reasonable time, inform the office of the agency's,
36 facility's, or program's:
37 (1) action taken on the office's recommendation; or
38 (2) reasons for not complying with the office's
39 recommendation.
40 (h) The office may not investigate a complaint from an employee
41 of the department of child services that relates to the employee's
42 employment relationship with the department of child services.
2025 IN 205—LS 6311/DI 119 5
1 (i) The office may not investigate a complaint challenging a
2 department of child services substantiation of abuse or neglect that
3 is the subject of a pending administrative review until:
4 (1) the administrative remedies provided by law, rule, or
5 written policy have been exhausted; or
6 (2) the expiration of six (6) months after the initiation of the
7 administrative review, if the administrative review is not
8 completed or terminated within six (6) months after its
9 initiation;
10 whichever occurs first.
11 (j) If the office does not investigate a complaint, the office shall
12 notify the complainant of the office's decision not to investigate and
13 the reasons for the decision.
14 Sec. 8. (a) The department of child services shall give the office
15 appropriate access to department of child services records of a
16 child who is the subject of a complaint that is filed with the office.
17 (b) A state or local government agency or entity that has records
18 that are relevant to a complaint or an investigation conducted by
19 the office shall provide the office with access to the records.
20 (c) A person is immune from:
21 (1) civil or criminal liability; and
22 (2) actions authorized under:
23 (A) a professional disciplinary procedure; or
24 (B) procedures related to the termination or imposition of
25 penalties under a contract with an employee or contractor
26 of the department of child services;
27 for the release or disclosure of records to the office under this
28 chapter, unless the release or disclosure constitutes gross
29 negligence or willful or wanton misconduct.
30 (d) Information or records of a state or local government agency
31 provided to the office may not be disclosed to the complainant or
32 others if the information or records are confidential under laws,
33 rules, or regulations governing the state or local government
34 agency that provided the information or records.
35 Sec. 9. The office shall do the following:
36 (1) Establish procedures to receive and investigate complaints
37 under section 7 of this chapter.
38 (2) Establish physical, technological, and administrative
39 access controls for all information maintained by the office.
40 (3) Except as necessary to investigate and resolve a complaint,
41 ensure that the identity of a complainant will not be disclosed
42 without:
2025 IN 205—LS 6311/DI 119 6
1 (A) the complainant's written consent; or
2 (B) a court order.
3 Sec. 10. The office may adopt rules under IC 4-22-2 necessary
4 to carry out this chapter.
5 Sec. 11. (a) The ombudsman is not personally liable for the good
6 faith performance of the ombudsman's official duties.
7 (b) An employee of the office is not personally liable for the good
8 faith performance of the employee's official duties.
9 Sec. 12. (a) The office shall prepare a report each year on the
10 operations of the office.
11 (b) The office shall include the following information in the
12 annual report required under subsection (a):
13 (1) A description of the office's activities.
14 (2) The general status of children in Indiana, including:
15 (A) the health and education of children; and
16 (B) the administration or implementation of programs for
17 children.
18 (3) Any other issues, concerns, or information concerning
19 children.
20 (c) A copy of the report shall be provided to the following:
21 (1) The governor.
22 (2) The legislative council.
23 (3) The Indiana department of administration.
24 (4) The department of child services.
25 A report provided to the legislative council under this subsection
26 must be in an electronic format under IC 5-14-6.
27 (d) The department of child services shall post a copy of the
28 report on the department of child services' website. The office shall
29 post a copy of the report on any website maintained by the office.
30 Sec. 13. A person who interferes with the ombudsman is subject
31 to criminal prosecution under IC 35-44.2-1-5.
32 Sec. 14. The office of the attorney general shall provide and
33 maintain office space for the office.
34 Sec. 15. (a) As used in this section, "succeeded office" refers to
35 the office of department of child services ombudsman established
36 by IC 4-13-19-3 (before its repeal).
37 (b) On July 1, 2025, all powers, duties, agreements, and
38 liabilities of the succeeded office are transferred to the office, as the
39 successor agency.
40 (c) On July 1, 2025, all records and property of the succeeded
41 office, including appropriations and other funds under the control
42 or supervision of the succeeded office, are transferred to the office,
2025 IN 205—LS 6311/DI 119 7
1 as the successor agency.
2 (d) After June 30, 2025, any amounts owed to the succeeded
3 office before July 1, 2025, are considered to be owed to the office,
4 as the successor agency.
5 (e) After June 30, 2025, a reference to the succeeded office in a
6 statute, rule, or other document is considered a reference to the
7 office, as the successor agency.
8 (f) On July 1, 2025:
9 (1) the department of child services ombudsman serving on
10 June 30, 2025; and
11 (2) all individuals employed by the succeeded office on June
12 30, 2025;
13 become employees of the office, without change in compensation,
14 seniority, or benefits and are entitled to have their service under
15 the succeeded office included for purposes of computing any
16 applicable employment and retirement benefits.
17 SECTION 3. IC 4-13-1-4, AS AMENDED BY P.L.189-2018,
18 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2025]: Sec. 4. The department shall, subject to this chapter,
20 do the following:
21 (1) Execute and administer all appropriations as provided by law,
22 and execute and administer all provisions of law that impose
23 duties and functions upon the executive department of
24 government, including executive investigation of state agencies
25 supported by appropriations and the assembly of all required data
26 and information for the use of the executive department and the
27 legislative department.
28 (2) Supervise and regulate the making of contracts by state
29 agencies.
30 (3) Perform the property management functions required by
31 IC 4-20.5-6.
32 (4) Assign office space and storage space for state agencies in the
33 manner provided by IC 4-20.5-5.
34 (5) Maintain and operate the following for state agencies:
35 (A) Central duplicating.
36 (B) Printing.
37 (C) Machine tabulating.
38 (D) Mailing services.
39 (E) Centrally available supplemental personnel and other
40 essential supporting services.
41 The department may require state agencies to use these general
42 services in the interests of economy and efficiency. The general
2025 IN 205—LS 6311/DI 119 8
1 services rotary fund is established through which these services
2 may be rendered to state agencies. The budget agency shall
3 determine the amount for the general services rotary fund.
4 (6) Control and supervise the acquisition, operation, maintenance,
5 and replacement of state owned vehicles by all state agencies. The
6 department may establish and operate, in the interest of economy
7 and efficiency, a motor vehicle pool, and may finance the pool by
8 a rotary fund. The budget agency shall determine the amount to
9 be deposited in the rotary fund.
10 (7) Promulgate and enforce rules relative to the travel of officers
11 and employees of all state agencies when engaged in the
12 performance of state business. These rules may allow
13 reimbursement for travel expenses by any of the following
14 methods:
15 (A) Per diem.
16 (B) For expenses necessarily and actually incurred.
17 (C) Any combination of the methods in clauses (A) and (B).
18 The rules must require the approval of the travel by the
19 commissioner and the head of the officer's or employee's
20 department prior to payment.
21 (8) Administer IC 4-13.6.
22 (9) Prescribe the amount and form of certified checks, deposits,
23 or bonds to be submitted in connection with bids and contracts
24 when not otherwise provided for by law.
25 (10) Rent out, with the approval of the governor, any state
26 property, real or personal:
27 (A) not needed for public use; or
28 (B) for the purpose of providing services to the state or
29 employees of the state;
30 the rental of which is not otherwise provided for or prohibited by
31 law. Property may not be rented out under this subdivision for a
32 term exceeding ten (10) years at a time. However,
33 communications system infrastructure, including towers and
34 associated land, improvements, foundations, access roads and
35 rights-of-way, structures, fencing, and equipment that are
36 necessary, proper, or convenient to transmit or receive voice or
37 data communications, may be rented out under this subdivision
38 for a term not to exceed twenty-five (25) years at a time. In
39 addition, if property is rented out for a term of more than four (4)
40 years, the commissioner must make a written determination
41 stating the reasons that it is in the best interests of the state to rent
42 property for the longer term. This subdivision does not include the
2025 IN 205—LS 6311/DI 119 9
1 power to grant or issue permits or leases to explore for or take
2 coal, sand, gravel, stone, gas, oil, or other minerals or substances
3 from or under the bed of any of the navigable waters of the state
4 or other lands owned by the state.
5 (11) Have charge of all central storerooms, supply rooms, and
6 warehouses established and operated by the state and serving
7 more than one (1) agency.
8 (12) Enter into contracts and issue orders for printing as provided
9 by IC 4-13-4.1.
10 (13) Sell or dispose of surplus property under IC 5-22-22, or if
11 advantageous, to exchange or trade in the surplus property toward
12 the purchase of other supplies, materials, or equipment, and to
13 make proper adjustments in the accounts and inventory pertaining
14 to the state agencies concerned.
15 (14) With respect to power, heating, and lighting plants owned,
16 operated, or maintained by any state agency:
17 (A) inspect;
18 (B) regulate their operation; and
19 (C) recommend improvements to those plants to promote
20 economical and efficient operation.
21 (15) Administer, determine salaries, and determine other
22 personnel matters of the department of correction ombudsman
23 bureau established by IC 4-13-1.2-3.
24 (16) Adopt rules to establish and implement a "Code Adam"
25 safety protocol as described in IC 4-20.5-6-9.2.
26 (17) Adopt policies and standards for making state owned
27 property reasonably available to be used free of charge as
28 locations for making motion pictures.
29 (18) Administer, determine salaries, and determine other
30 personnel matters of the department of child services ombudsman
31 established by IC 4-13-19-3.
32 SECTION 4. IC 4-13-19 IS REPEALED [EFFECTIVE JULY 1,
33 2025]. (Department of Child Services Ombudsman).
34 SECTION 5. IC 16-49-4-2, AS ADDED BY P.L.119-2013,
35 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2025]: Sec. 2. The statewide child fatality review committee
37 consists of the following members appointed by the governor:
38 (1) A coroner or deputy coroner.
39 (2) A representative from the state department who:
40 (A) is a licensed physician; and
41 (B) specializes in injury prevention.
42 (3) A representative of a:
2025 IN 205—LS 6311/DI 119 10
1 (A) local health department established under IC 16-20-2; or
2 (B) multiple county health department established under
3 IC 16-20-3.
4 (4) A pediatrician.
5 (5) A representative of law enforcement who has experience in
6 investigating child deaths.
7 (6) A representative from an emergency medical services
8 provider.
9 (7) The director or a representative of the department of child
10 services.
11 (8) A representative of a prosecuting attorney who has experience
12 in prosecuting child abuse.
13 (9) A pathologist who is:
14 (A) certified by the American Board of Pathology in forensic
15 pathology; and
16 (B) licensed to practice medicine in Indiana.
17 (10) A mental health provider.
18 (11) A representative of a child abuse prevention program.
19 (12) A representative of the department of education.
20 (13) An epidemiologist.
21 (14) The state child fatality review coordinator.
22 (15) At the discretion of the department of child services
23 ombudsman, a representative of the office of the department of
24 child services ombudsman established by IC 4-13-19-3.
25 IC 4-6-17-4.
26 SECTION 6. IC 16-49-4-4, AS ADDED BY P.L.119-2013,
27 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 4. The statewide child fatality review committee
29 shall do the following:
30 (1) Compile and analyze data recorded by local child fatality
31 review teams in reviewing child fatalities.
32 (2) Review child mortality records and examine all other records
33 relevant to child fatalities in Indiana.
34 (3) Assist efforts by local child fatality review teams by:
35 (A) overseeing the creation of standardized forms and
36 protocols necessary for the review of child deaths;
37 (B) providing expertise by answering questions related to a
38 child's death that a local child fatality review team is
39 reviewing;
40 (C) establishing and sponsoring training programs for
41 members of local child fatality review teams; and
42 (D) providing, upon request of a local child fatality review
2025 IN 205—LS 6311/DI 119 11
1 team, expertise in creating local prevention strategies.
2 (4) Upon request by a local child fatality review team or the
3 department of child services ombudsman established by
4 IC 4-13-19-3, IC 4-6-17-4, assist in or conduct a review of the
5 death of a child as provided under section 5 of this chapter.
6 (5) Create strategies and make recommendations for the safety of
7 children and prevention of serious injuries or deaths of children.
8 SECTION 7. IC 16-49-4-5, AS AMENDED BY P.L.56-2023,
9 SECTION 174, IS AMENDED TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) Upon request by a local child
11 fatality review team or the department of child services ombudsman
12 established by IC 4-13-19-3, IC 4-6-17-4, the statewide child fatality
13 review committee shall assist a local child fatality review team or
14 conduct a review of the death of a child that occurred in Indiana if:
15 (1) the death of the child is:
16 (A) sudden;
17 (B) unexpected;
18 (C) unexplained; or
19 (D) assessed by the department of child services for alleged
20 abuse or neglect that resulted in the death of the child; or
21 (2) the coroner in the area in which the child's death occurred
22 determines that the cause of the death of the child is:
23 (A) undetermined; or
24 (B) the result of a homicide, suicide, or accident.
25 (b) In conducting a child fatality review under subsection (a), the
26 statewide child fatality review committee may review all applicable
27 records and information related to the death of the child, including the
28 following:
29 (1) Records held by the:
30 (A) state department or local health department; and
31 (B) department of child services.
32 (2) Medical records.
33 (3) Law enforcement records.
34 (4) Autopsy reports.
35 (5) Records of the coroner.
36 (6) Mental health reports.
37 (c) Subject to IC 34-30-15, if the statewide child fatality review
38 committee requests records from a hospital, physician, coroner, law
39 enforcement officer, or mental health professional regarding a death
40 that the statewide child fatality review committee is investigating, the
41 hospital, physician, coroner, law enforcement officer, or mental health
42 professional shall provide the requested records to the statewide child
2025 IN 205—LS 6311/DI 119 12
1 fatality review committee.
2 (d) A person who provides records in accordance with subsection
3 (c) in good faith is not subject to liability in:
4 (1) a civil;
5 (2) an administrative;
6 (3) a disciplinary; or
7 (4) a criminal;
8 action that might otherwise be imposed as a result of such disclosure.
9 (e) Except as otherwise provided in this article, information and
10 records acquired by the statewide child fatality review committee in the
11 exercise of its duties under this chapter are confidential and exempt
12 from disclosure.
13 (f) Records, information, documents, and reports acquired or
14 produced by the statewide child fatality review committee are not:
15 (1) subject to subpoena or discovery; or
16 (2) admissible as evidence;
17 in any judicial or administrative proceeding. Information that is
18 otherwise discoverable or admissible from original sources is not
19 immune from discovery or use in any proceeding merely because the
20 information was presented during proceedings before the statewide
21 child fatality review committee.
22 SECTION 8. IC 31-25-5-1, AS ADDED BY P.L.182-2009(ss),
23 SECTION 373, IS AMENDED TO READ AS FOLLOWS
24 [EFFECTIVE JULY 1, 2025]: Sec. 1. As used in this chapter,
25 "ombudsman" refers to the office of the department of child services
26 ombudsman established within the Indiana department of
27 administration by IC 4-13-19-3. office of the attorney general by
28 IC 4-6-17-4. The term includes an employee of the office of the
29 department of child services ombudsman or an individual approved by
30 the office of the department of child services ombudsman to receive,
31 investigate, and resolve complaints that allege the department, by an
32 action or omission, failed to protect the physical or mental health or
33 safety of any child or failed to follow specific laws, rules, or written
34 policies.
35 SECTION 9. IC 31-27-3-18, AS AMENDED BY P.L.123-2014,
36 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2025]: Sec. 18. (a) A licensee shall keep records regarding
38 each child in the control and care of the licensee as the department
39 requires and shall report to the department upon request the facts the
40 department requires with reference to children.
41 (b) The department shall keep records regarding children and facts
42 learned about children and the children's relatives confidential.
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1 (c) The following have access to records regarding children and
2 facts learned about children:
3 (1) A state agency involved in the licensing of the child caring
4 institution.
5 (2) A legally mandated child protection agency.
6 (3) A law enforcement agency.
7 (4) An agency having the legal responsibility to care for a child
8 placed at the child caring institution.
9 (5) The parent, guardian, or custodian of the child at the child
10 caring institution.
11 (6) A citizen review panel established under IC 31-25-2-20.4.
12 (7) The department of child services ombudsman established by
13 IC 4-13-19-3. IC 4-6-17-4.
14 SECTION 10. IC 31-27-4-21, AS AMENDED BY P.L.123-2014,
15 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2025]: Sec. 21. (a) A licensee shall keep records required by
17 the department regarding each child in the control and care of the
18 licensee and shall report to the department upon request the facts the
19 department requires with reference to children.
20 (b) The department shall keep records regarding children and facts
21 learned about children and the children's relatives confidential.
22 (c) The following have access to records regarding children and
23 facts learned about children:
24 (1) A state agency involved in the licensing of the foster family
25 home.
26 (2) A legally mandated child protection agency.
27 (3) A law enforcement agency.
28 (4) An agency having the legal responsibility to care for a child
29 placed at the foster family home.
30 (5) The parent, guardian, or custodian of the child at the foster
31 family home.
32 (6) A citizen review panel established under IC 31-25-2-20.4.
33 (7) The department of child services ombudsman established by
34 IC 4-13-19-3. IC 4-6-17-4.
35 SECTION 11. IC 31-27-5-18, AS AMENDED BY P.L.123-2014,
36 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2025]: Sec. 18. (a) A licensee shall keep records required by
38 the department regarding each child in the control and care of the
39 licensee and shall report to the department, upon request, the facts the
40 department requires with reference to children.
41 (b) The department shall keep records regarding children and facts
42 learned about children and the children's relatives confidential.
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1 (c) The following have access to records regarding children and
2 facts learned about children:
3 (1) A state agency involved in the licensing of the group home.
4 (2) A legally mandated child protection agency.
5 (3) A law enforcement agency.
6 (4) An agency having the legal responsibility to care for a child
7 placed at the group home.
8 (5) The parent, guardian, or custodian of the child at the group
9 home.
10 (6) A citizen review panel established under IC 31-25-2-20.4.
11 (7) The department of child services ombudsman established by
12 IC 4-13-19-3. IC 4-6-17-4.
13 SECTION 12. IC 31-27-6-15, AS AMENDED BY P.L.123-2014,
14 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2025]: Sec. 15. (a) A licensee shall keep records required by
16 the department regarding each child in the control and care of the
17 licensee and shall report to the department upon request the facts the
18 department requires with reference to children.
19 (b) The department shall keep records regarding children and facts
20 learned about children and the children's relatives confidential.
21 (c) The following have access to records regarding children and
22 facts learned about children:
23 (1) A state agency involved in the licensing of the child placing
24 agency.
25 (2) A legally mandated child protection agency.
26 (3) A law enforcement agency.
27 (4) A citizen review panel established under IC 31-25-2-20.4.
28 (5) The department of child services ombudsman established by
29 IC 4-13-19-3. IC 4-6-17-4.
30 SECTION 13. IC 31-33-18-1, AS AMENDED BY P.L.77-2023,
31 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2025]: Sec. 1. (a) Except as provided in section 1.5 of this
33 chapter, the following are confidential:
34 (1) Reports made under this article (or IC 31-6-11 before its
35 repeal).
36 (2) Any other information, documents, reports, pictures, videos,
37 images, or recordings obtained, possessed, produced, or created
38 by:
39 (A) the division of family resources;
40 (B) the local office;
41 (C) the department; or
42 (D) the department of child services ombudsman established
2025 IN 205—LS 6311/DI 119 15
1 by IC 4-13-19-3; IC 4-6-17-4;
2 concerning a child or family with whom the department has
3 received a report or referral or has been involved with during any
4 stage of the department's investigation, including post-assessment
5 or post-adoption activity.
6 (b) Except as provided in section 1.5 of this chapter, all records held
7 by:
8 (1) the division of family resources;
9 (2) a local office;
10 (3) the department;
11 (4) a local child fatality review team established under
12 IC 16-49-2;
13 (5) the statewide child fatality review committee established
14 under IC 16-49-4; or
15 (6) the department of child services ombudsman established by
16 IC 4-13-19-3; IC 4-6-17-4;
17 regarding the death of a child determined to be a result of abuse,
18 abandonment, or neglect are confidential and may not be disclosed.
19 SECTION 14. IC 31-33-18-1.5, AS AMENDED BY P.L.77-2023,
20 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2025]: Sec. 1.5. (a) This section applies to records held by:
22 (1) a local office;
23 (2) the department; or
24 (3) the department of child services ombudsman established by
25 IC 4-13-19-3; IC 4-6-17-4;
26 regarding a child whose death or near fatality may have been the result
27 of abuse, abandonment, or neglect.
28 (b) For purposes of subsection (a), a child's death or near fatality
29 may have been the result of abuse, abandonment, or neglect if:
30 (1) an entity described in subsection (a) determines that the child's
31 death or near fatality is the result of abuse, abandonment, or
32 neglect; or
33 (2) a prosecuting attorney files:
34 (A) an indictment or information; or
35 (B) a complaint alleging the commission of a delinquent act;
36 that, if proven, would cause a reasonable person to believe that
37 the child's death or near fatality may have been the result of
38 abuse, abandonment, or neglect.
39 Upon the request of any person, or upon its own motion, the court
40 exercising juvenile jurisdiction in the county in which the child's death
41 or near fatality occurred shall determine whether the allegations
42 contained in the indictment, information, or complaint described in
2025 IN 205—LS 6311/DI 119 16
1 subdivision (2), if proven, would cause a reasonable person to believe
2 that the child's death or near fatality may have been the result of abuse,
3 abandonment, or neglect.
4 (c) If the juvenile court finds that the child's death or near fatality
5 was the result of abuse, abandonment, or neglect, the court shall make
6 written findings and provide a copy of the findings and the indictment,
7 information, or complaint described under subsection (b)(2) to the
8 department.
9 (d) As used in this section:
10 (1) "case" means:
11 (A) any intake report or other documentation such as a referral
12 or other matter received or generated by the department;
13 (B) any investigation or assessment conducted by the
14 department; or
15 (C) ongoing involvement between the department and a child
16 or family that is the result of:
17 (i) a program of informal adjustment; or
18 (ii) a child in need of services action;
19 for which related records and documents have not been expunged
20 as required by law or by a court at the time the department is
21 notified of a fatality or near fatality;
22 (2) "contact" means in person communication about a case in
23 which:
24 (A) the child who is the victim of a fatality or near fatality is
25 alleged to be a victim; or
26 (B) the perpetrator of the fatality or near fatality is alleged to
27 be the perpetrator;
28 (3) "identifying information" means information that identifies an
29 individual, including an individual's:
30 (A) name, address, date of birth, occupation, place of
31 employment, and telephone number;
32 (B) employer identification number, mother's maiden name,
33 Social Security number, or any identification number issued by
34 a governmental entity;
35 (C) unique biometric data, including the individual's
36 fingerprint, voice print, or retina or iris image;
37 (D) unique electronic identification number, address, or
38 routing code;
39 (E) telecommunication identifying information; or
40 (F) telecommunication access device, including a card, a plate,
41 a code, an account number, a personal identification number,
42 an electronic serial number, a mobile identification number, or
2025 IN 205—LS 6311/DI 119 17
1 another telecommunications service or device or means of
2 account access;
3 (4) "life threatening" means an injury or condition that is
4 categorized as "serious" or "critical" in patient hospital records;
5 and
6 (5) "near fatality" means a severe childhood injury or condition
7 that is certified by a physician as being life threatening.
8 (e) Unless:
9 (1) a police investigation or criminal prosecution is ongoing; or
10 (2) information in a record is otherwise confidential under state
11 or federal law;
12 a record described in subsection (a) that has been redacted in
13 accordance with this section is not confidential and may be disclosed
14 to any person who requests the record. The person requesting the
15 record may be required to pay the reasonable expenses of copying the
16 record.
17 (f) When a person requests a record described in subsection (a), the
18 entity having control of the record shall immediately transmit a copy of
19 the record to the court exercising juvenile jurisdiction in the county in
20 which the death or near fatality of the child occurred. However, if the
21 court requests that the entity having control of a record transmit the
22 original record, the entity shall transmit the original record.
23 (g) Upon receipt of the record described in subsection (a), the court
24 shall, within thirty (30) days, redact the record to exclude:
25 (1) identifying information described in subsection (d)(3)(B)
26 through (d)(3)(F) of a person; and
27 (2) all identifying information of a child less than eighteen (18)
28 years of age.
29 (h) The court shall disclose the record redacted in accordance with
30 subsection (g) to any person who requests the record, if the person has
31 paid:
32 (1) to the entity having control of the record, the reasonable
33 expenses of copying under IC 5-14-3-8; and
34 (2) to the court, the reasonable expenses of copying the record.
35 (i) The data and information in a record disclosed under this section
36 must include the following:
37 (1) A summary of the report of abuse or neglect and a factual
38 description of the contents of the report.
39 (2) The age and gender of the child.
40 (3) The cause of the fatality or near fatality, if the cause has been
41 determined.
42 (4) Whether the department had any contact with the child or the
2025 IN 205—LS 6311/DI 119 18
1 perpetrator before the fatality or near fatality, and, if the
2 department had contact, the following:
3 (A) The frequency of the contact with the child or the
4 perpetrator before the fatality or near fatality and the date on
5 which the last contact occurred before the fatality or near
6 fatality.
7 (B) A summary of the status of the child's case at the time of
8 the fatality or near fatality, including:
9 (i) whether the child's case was closed by the department
10 before the fatality or near fatality; and
11 (ii) if the child's case was closed as described under item (i),
12 the date of closure and the reasons that the case was closed.
13 (j) The court's determination under subsection (g) that certain
14 identifying information or other information is not relevant to
15 establishing the facts and circumstances leading to the death or near
16 fatality of a child is not admissible in a criminal proceeding or civil
17 action.
18 SECTION 15. IC 31-33-18-2, AS AMENDED BY P.L.54-2024,
19 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2025]: Sec. 2. Except as otherwise prohibited by federal law,
21 the reports and other material described in section 1(a) of this chapter
22 and the unredacted reports and other material described in section 1(b)
23 of this chapter shall be made available only to the following:
24 (1) Persons authorized by this article.
25 (2) A legally mandated public or private child protective agency
26 investigating a report of child abuse or neglect or treating a child
27 or family that is the subject of a report or record.
28 (3) Any of the following who are investigating a report of a child
29 who may be a victim of child abuse or neglect:
30 (A) A police officer or other law enforcement agency.
31 (B) A prosecuting attorney.
32 (C) A coroner, in the case of the death of a child.
33 (4) A physician who has before the physician a child whom the
34 physician reasonably suspects may be a victim of child abuse or
35 neglect.
36 (5) An individual legally authorized to place a child in protective
37 custody if:
38 (A) the individual has before the individual a child whom the
39 individual reasonably suspects may be a victim of abuse or
40 neglect; and
41 (B) the individual requires the information in the report or
42 record to determine whether to place the child in protective
2025 IN 205—LS 6311/DI 119 19
1 custody.
2 (6) An agency having the legal responsibility or authorization to
3 care for, treat, or supervise a child who is the subject of a report
4 or record or a parent, guardian, custodian, or other person who is
5 responsible for the child's welfare.
6 (7) An individual named in the report or record who is alleged to
7 be abused or neglected or, if the individual named in the report is
8 a child or is otherwise incompetent, the individual's guardian ad
9 litem or the individual's court appointed special advocate, or both.
10 (8) Each parent, guardian, custodian, or other person responsible
11 for the welfare of a child named in a report or record and an
12 attorney of the person described under this subdivision, with
13 protection for the identity of reporters and other appropriate
14 individuals.
15 (9) A court, for redaction of the record in accordance with section
16 1.5 of this chapter, or upon the court's finding that access to the
17 records may be necessary for determination of an issue before the
18 court. However, except for disclosure of a redacted record in
19 accordance with section 1.5 of this chapter, access is limited to in
20 camera inspection unless the court determines that public
21 disclosure of the information contained in the records is necessary
22 for the resolution of an issue then pending before the court.
23 (10) A grand jury upon the grand jury's determination that access
24 to the records is necessary in the conduct of the grand jury's
25 official business.
26 (11) An appropriate state or local official responsible for child
27 protection services or legislation carrying out the official's official
28 functions.
29 (12) The community child protection team appointed under
30 IC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request, to
31 enable the team to carry out the team's purpose under IC 31-33-3.
32 (13) A person about whom a report has been made, with
33 protection for the identity of:
34 (A) any person reporting known or suspected child abuse or
35 neglect; and
36 (B) any other person if the person or agency making the
37 information available finds that disclosure of the information
38 would be likely to endanger the life or safety of the person.
39 (14) An employee of the department, a caseworker, or a juvenile
40 probation officer conducting a criminal history check under
41 IC 31-26-5, IC 31-34, or IC 31-37 to determine the
42 appropriateness of an out-of-home placement for a:
2025 IN 205—LS 6311/DI 119 20
1 (A) child at imminent risk of placement;
2 (B) child in need of services; or
3 (C) delinquent child.
4 The results of a criminal history check conducted under this
5 subdivision must be disclosed to a court determining the
6 placement of a child described in clauses (A) through (C).
7 (15) A local child fatality review team established under
8 IC 16-49-2.
9 (16) The statewide child fatality review committee established by
10 IC 16-49-4.
11 (17) The department.
12 (18) The division of family resources, if the investigation report:
13 (A) is classified as substantiated; and
14 (B) concerns:
15 (i) an applicant for a license to operate;
16 (ii) a person licensed to operate;
17 (iii) an employee of; or
18 (iv) a volunteer providing services at;
19 a child care center licensed under IC 12-17.2-4 or a child care
20 home licensed under IC 12-17.2-5.
21 (19) A citizen review panel established under IC 31-25-2-20.4.
22 (20) The department of child services ombudsman established by
23 IC 4-13-19-3. IC 4-6-17-4.
24 (21) The secretary of education with protection for the identity of:
25 (A) any person reporting known or suspected child abuse or
26 neglect; and
27 (B) any other person if the person or agency making the
28 information available finds that disclosure of the information
29 would be likely to endanger the life or safety of the person.
30 (22) The state child fatality review coordinator employed by the
31 Indiana department of health under IC 16-49-5-1.
32 (23) A person who operates a child caring institution, group
33 home, or secure private facility if all the following apply:
34 (A) The child caring institution, group home, or secure private
35 facility is licensed under IC 31-27.
36 (B) The report or other materials concern:
37 (i) an employee of;
38 (ii) a volunteer providing services at; or
39 (iii) a child placed at;
40 the child caring institution, group home, or secure private
41 facility.
42 (C) The allegation in the report occurred at the child caring
2025 IN 205—LS 6311/DI 119 21
1 institution, group home, or secure private facility.
2 (24) A person who operates a child placing agency if all the
3 following apply:
4 (A) The child placing agency is licensed under IC 31-27.
5 (B) The report or other materials concern:
6 (i) a child placed in a foster home licensed by the child
7 placing agency;
8 (ii) a person licensed by the child placing agency to operate
9 a foster family home;
10 (iii) an employee of the child placing agency or a foster
11 family home licensed by the child placing agency; or
12 (iv) a volunteer providing services at the child placing
13 agency or a foster family home licensed by the child placing
14 agency.
15 (C) The allegations in the report occurred in the foster family
16 home or in the course of employment or volunteering at the
17 child placing agency or foster family home.
18 (25) The National Center for Missing and Exploited Children.
19 (26) A local domestic violence fatality review team established
20 under IC 12-18-8, as determined by the department to be relevant
21 to the death or near fatality that the local domestic violence
22 fatality review team is reviewing.
23 (27) The statewide domestic violence fatality review committee
24 established under IC 12-18-9-3, as determined by the department
25 to be relevant to the death or near fatality that the statewide
26 domestic violence fatality review committee is reviewing.
27 (28) The statewide maternal mortality review committee
28 established under IC 16-50-1-3, as determined by the department
29 to be relevant to the case of maternal morbidity or maternal
30 mortality that the statewide maternal mortality review committee
31 is reviewing.
32 (29) A local fetal-infant mortality review team established under
33 IC 16-49-6, as determined by the department to be relevant to the
34 case of fetal or infant fatality that the local fetal-infant mortality
35 review team is reviewing.
36 (30) A suicide and overdose fatality review team established
37 under IC 16-49.5-2, as determined by the department to be
38 relevant to the case of a suicide or overdose fatality that the
39 suicide and overdose fatality review team is reviewing.
40 (31) The office of administrative law proceedings for a matter that
41 is the subject of an administrative proceeding before the office of
42 administrative law proceedings.
2025 IN 205—LS 6311/DI 119 22
1 (32) A tribal representative, agency, or organization authorized by
2 the Indian child's tribe to care for, diagnose, treat, review,
3 evaluate, or monitor active efforts regarding an Indian child, and
4 the Indian child's parent, guardian, or custodian.
5 (33) The United States Department of State and foreign
6 governments to comply with federal law and treaties.
7 (34) A child advocacy center when the child advocacy center has
8 before it an investigation of child abuse or neglect in which it is
9 facilitating a forensic interview or facilitating a case discussion or
10 case review.
11 SECTION 16. IC 31-33-26-5, AS AMENDED BY P.L.162-2011,
12 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]: Sec. 5. (a) The department shall establish access
14 restrictions in order to maintain the security and confidentiality of the
15 index as required by this chapter.
16 (b) The department of child services ombudsman established by
17 IC 4-13-19-3 IC 4-6-17-4 shall have read only access to the index
18 concerning:
19 (1) children who are the subject of complaints filed with; or
20 (2) cases being investigated by;
21 the department of child services ombudsman. The office of the
22 department of child services ombudsman shall not have access to any
23 information related to cases or information that involves the
24 ombudsman or any member of the ombudsman's immediate family.
25 SECTION 17. IC 31-39-2-6, AS AMENDED BY P.L.128-2012,
26 SECTION 176, IS AMENDED TO READ AS FOLLOWS
27 [EFFECTIVE JULY 1, 2025]: Sec. 6. The records of the juvenile court
28 are available without a court order to:
29 (1) the attorney for the department of child services; or
30 (2) any authorized staff member of:
31 (A) the local office;
32 (B) the department of child services;
33 (C) the department of correction; or
34 (D) the department of child services ombudsman established
35 by IC 4-13-19-3. IC 4-6-17-4.
36 SECTION 18. IC 31-39-4-7, AS AMENDED BY P.L.182-2009(ss),
37 SECTION 385, IS AMENDED TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2025]: Sec. 7. The records of a law enforcement
39 agency are available, without specific permission from the head of the
40 agency, to:
41 (1) the attorney for the department of child services or any
42 authorized staff member; or
2025 IN 205—LS 6311/DI 119 23
1 (2) any authorized staff member of the department of child
2 services ombudsman established by IC 4-13-19-3. IC 4-6-17-4.
3 SECTION 19. IC 31-39-9-1, AS AMENDED BY P.L.182-2009(ss),
4 SECTION 386, IS AMENDED TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2025]: Sec. 1. The following entities and
6 agencies may exchange records of a child who is a child in need of
7 services or has been determined to be a delinquent child under
8 IC 31-37-1-2, if the information or records are not confidential under
9 state or federal law:
10 (1) A court.
11 (2) A law enforcement agency.
12 (3) The department of correction.
13 (4) The department of child services.
14 (5) The office of the secretary of family and social services.
15 (6) A primary or secondary school, including a public or
16 nonpublic school.
17 (7) The department of child services ombudsman established by
18 IC 4-13-19-3. IC 4-6-17-4.
19 SECTION 20. IC 34-30-2.1-2.2 IS ADDED TO THE INDIANA
20 CODE AS A NEW SECTION TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2025]: Sec. 2.2. IC 4-6-17-8 (Concerning a
22 person who releases information to the department of child
23 services ombudsman).
24 SECTION 21. IC 34-30-2.1-2.3 IS ADDED TO THE INDIANA
25 CODE AS A NEW SECTION TO READ AS FOLLOWS
26 [EFFECTIVE JULY 1, 2025]: Sec. 2.3. IC 4-6-17-11 (Concerning the
27 office of the department of child services ombudsman for the good
28 faith performance of official duties).
29 SECTION 22. IC 34-30-2.1-7 IS REPEALED [EFFECTIVE JULY
30 1, 2025]. Sec. 7. IC 4-13-19-6 (Concerning a person who releases
31 information to the department of child services ombudsman).
32 SECTION 23. IC 34-30-2.1-8 IS REPEALED [EFFECTIVE JULY
33 1, 2025]. Sec. 8. IC 4-13-19-9 (Concerning the department of child
34 services ombudsman for the good faith performance of official duties).
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