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 ENROLLED ACT No. 498 AN ACT to amend the Indiana Code concerning family law and juvenile law. Be it enacted by the General Assembly of the State of Indiana: SECTION 1. IC 25-26-24-19, AS AMENDED BY P.L.233-2023, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 19. (a) Information received by the INSPECT program under section 17 of this chapter is confidential. (b) The board shall carry out a program to protect the confidentiality of the information described in subsection (a). The board may disclose the information to another person only under subsection (c), (d), or (g). (c) The board may disclose confidential information described in subsection (a) to any person who is authorized to engage in receiving, processing, or storing the information. (d) Except as provided in subsections (e) and (f), the board may release confidential information described in subsection (a) to the following persons: (1) A member of the board or another governing body that licenses practitioners and is engaged in an investigation, an adjudication, or a prosecution of a violation under any state or federal law that involves ephedrine, pseudoephedrine, or a controlled substance. (2) An investigator for the consumer protection division of the office of the attorney general, a prosecuting attorney, the attorney general, a deputy attorney general, or an investigator from the office of the attorney general, who is engaged in: SEA 498 — Concur 2 (A) an investigation; (B) an adjudication; or (C) a prosecution; of a violation under any state or federal law that involves ephedrine, pseudoephedrine, or a controlled substance. (3) A law enforcement officer who is an employee of: (A) a local, state, or federal law enforcement agency; or (B) an entity that regulates ephedrine, pseudoephedrine, or controlled substances or enforces ephedrine, pseudoephedrine, or controlled substances rules or laws in another state; that is certified to receive ephedrine, pseudoephedrine, or controlled substance prescription drug information from the INSPECT program. (4) A practitioner or practitioner's agent certified to receive information from the INSPECT program. (5) An ephedrine, pseudoephedrine, or controlled substance monitoring program in another state with which Indiana has established an interoperability agreement. (6) The state toxicologist. (7) A certified representative of the Medicaid retrospective and prospective drug utilization review program. (8) A substance abuse assistance program for a licensed health care provider who: (A) has prescriptive authority under this title; and (B) is participating in the assistance program. (9) An individual who holds a valid temporary medical permit issued under IC 25-22.5-5-4 or a noneducational commission for foreign medical graduates certified graduate permit issued under IC 25-22.5-5-4.6. (10) A county coroner conducting a medical investigation of the cause of death. (11) The management performance hub established by IC 4-3-26-8. (12) The state epidemiologist under the Indiana department of health. (13) A supervisor of the department of child services who is engaged in: (A) an investigation; or (B) an adjudication; of child abuse or neglect. (e) Information provided to a person under: (1) subsection (d)(3) is limited to information: SEA 498 — Concur 3 (A) concerning an individual or proceeding involving the unlawful diversion or misuse of a schedule II, III, IV, or V controlled substance; and (B) that will assist in an investigation or proceeding; (2) subsection (d)(4) may be released only for the purpose of: (A) providing medical or pharmaceutical treatment; or (B) evaluating the need for providing medical or pharmaceutical treatment to a patient; and (3) subsection (d)(11) must be released to the extent disclosure of the information is not prohibited by applicable federal law. (f) Before the board releases confidential information under subsection (d), the applicant must be approved by the INSPECT program in a manner prescribed by the board. (g) The board may release to: (1) a member of the board or another governing body that licenses practitioners; (2) an investigator for the consumer protection division of the office of the attorney general, a prosecuting attorney, the attorney general, a deputy attorney general, or an investigator from the office of the attorney general; or (3) a law enforcement officer who is: (A) authorized by the state police department to receive ephedrine, pseudoephedrine, or controlled substance prescription drug information; and (B) approved by the board to receive the type of information released; confidential information generated from computer records that identifies practitioners who are prescribing or dispensing large quantities of a controlled substance. (h) The information described in subsection (g) may not be released until it has been reviewed by: (1) a member of the board who is licensed in the same profession as the prescribing or dispensing practitioner identified by the data; or (2) the board's designee; and until that member or the designee has certified that further investigation is warranted. However, failure to comply with this subsection does not invalidate the use of any evidence that is otherwise admissible in a proceeding described in subsection (i). (i) An investigator or a law enforcement officer receiving confidential information under subsection (c), (d), or (g) may disclose the information to a law enforcement officer or an attorney for the SEA 498 — Concur 4 office of the attorney general for use as evidence in the following: (1) A proceeding under IC 16-42-20. (2) A proceeding under any state or federal law. (3) A criminal proceeding or a proceeding in juvenile court. (j) The board may compile statistical reports from the information described in subsection (a). The reports must not include information that identifies any practitioner, ultimate user, or other person administering ephedrine, pseudoephedrine, or a controlled substance. Statistical reports compiled under this subsection are public records. (k) Except as provided in subsections (q) and (r), and in addition to any requirements provided in IC 25-22.5-13, the following practitioners shall obtain information about a patient from the data base either directly or through the patient's integrated health record before prescribing an opioid or benzodiazepine to the patient: (1) A practitioner who has had the information from the data base integrated into the patient's electronic health records. (2) A practitioner who provides services to the patient in: (A) the emergency department of a hospital licensed under IC 16-21; or (B) a pain management clinic. (3) Beginning January 1, 2020, a practitioner who provides services to the patient in a hospital licensed under IC 16-21. (4) Beginning January 1, 2021, all practitioners. However, a practitioner is not required to obtain information about a patient who is subject to a pain management contract from the data base more than once every ninety (90) days. (l) A practitioner who checks the INSPECT program either directly through the data base or through the patient's integrated health record for the available data on a patient is immune from civil liability for an injury, death, or loss to a person solely due to a practitioner: (1) seeking information from the INSPECT program; and (2) in good faith using the information for the treatment of the patient. The civil immunity described in this subsection does not extend to a practitioner if the practitioner receives information directly from the INSPECT program or through the patient's integrated health record and then negligently misuses this information. This subsection does not apply to an act or omission that is a result of gross negligence or intentional misconduct. (m) The board may review the records of the INSPECT program. If the board determines that a violation of the law may have occurred, the board shall notify the appropriate law enforcement agency or the SEA 498 — Concur 5 relevant government body responsible for the licensure, regulation, or discipline of practitioners authorized by law to prescribe controlled substances. (n) A practitioner who in good faith discloses information based on a report from the INSPECT program either directly through the data base or through the patient's integrated health record to a law enforcement agency is immune from criminal or civil liability. A practitioner that discloses information to a law enforcement agency under this subsection is presumed to have acted in good faith. (o) A practitioner's agent may act as a delegate and check INSPECT program reports on behalf of the practitioner. (p) A patient may access a report from the INSPECT program that has been included in the patient's medical file by a practitioner. (q) A practitioner is not required under subsection (k) to obtain information about a patient from the data base or through the patient's integrated health record before prescribing an opioid or benzodiazepine if any of the following apply: (1) The practitioner has obtained a waiver from the board because the practitioner does not have access to the Internet at the practitioner's place of business. (2) The patient is: (A) recovering; or (B) in the process of completing a prescription that was prescribed by another practitioner; while still being treated as an inpatient or in observation status. (3) The data base described in section 18 of this chapter is suspended or is not operational if the practitioner documents in writing or electronically the date and time in the patient's medical record that the practitioner, dispenser, or delegate attempted to use the data base. (r) A practitioner is not required under subsection (k) to obtain information about a patient from the data base or through the patient's integrated health record before prescribing an opioid or benzodiazepine if the patient is enrolled in a hospice program (as defined in IC 16-25-1.1-4). SECTION 2. IC 31-9-2-43.6, AS ADDED BY P.L.109-2024, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 43.6. "Emergency shelter", for purposes of IC 31-27, means a short term place of residence, other than a private secure facility, that: (1) is not locked to prevent a child's departure unless the administrator determines that locking is necessary to protect the SEA 498 — Concur 6 child's health; and (2) provides twenty-four (24) hours a day temporary care for not more than sixty (60) consecutive days to an individual a child who is six (6) years of age or older admitted on an emergency basis. SECTION 3. IC 31-27-3-3, AS AMENDED BY P.L.173-2022, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) An applicant must apply for a child caring institution license on forms provided by the department. (b) An applicant must submit the required information as part of the application. (c) The applicant must submit with the application a statement attesting the following: (1) Whether the applicant has been convicted of: (A) a felony; or (B) a misdemeanor relating to the health and safety of children. (2) Whether the applicant has been charged with: (A) a felony; or (B) a misdemeanor relating to the health and safety of children; during the pendency of the application. (d) The department, on behalf of an applicant, or, at the discretion of the department, an applicant, shall conduct a criminal history check of the following: (1) Each individual who is an applicant. (2) The director or manager of a facility where children will be placed. (3) Each employee or volunteer or contractor of the applicant. (4) Each contractor or individual working in the child caring institution who is likely to have unsupervised contact with children in the child caring institution. (e) If the applicant conducts a criminal history check under subsection (d), the applicant shall: (1) maintain records of the information it receives concerning each individual who is the subject of a criminal history check; and (2) submit to the department a copy of the information it receives concerning each person described in subsection (d)(1) through (d)(3). (d)(4). (f) If the department conducts a criminal history check on behalf of an applicant under subsection (d), the department shall: (1) determine whether the subject of a national fingerprint based SEA 498 — Concur 7 criminal history check has a record of: (A) a conviction for a felony; (B) a conviction for a misdemeanor relating to the health and safety of a child; or (C) a juvenile adjudication for a nonwaivable offense, as defined in IC 31-9-2-84.8 that, if committed by an adult, would be a felony; (2) notify the applicant of the determination under subdivision (1) without identifying a specific offense or other identifying information concerning a conviction or juvenile adjudication contained in the national criminal history record information; (3) submit to the applicant a copy of any state limited criminal history report that the department receives on behalf of any person described in subsection (d); and (4) maintain a record of every report and all information the department receives concerning a person described in subsection (d). (g) Except as provided in subsection (h), a criminal history check described in subsection (d) is required only at the time an application for a new license or the renewal of an existing license is submitted. (h) Except as provided in subsection (i), a criminal history check of each person described in subsection (d)(2), or (d)(3), or (d)(4) must be completed on or before the date the person: (1) is employed; (2) is assigned as a volunteer; or (3) enters into, or the person's employing entity enters into, a contract with the applicant. (i) An individual may be employed by a child caring institution as an employee, volunteer, or contractor before a criminal history check of the individual is completed as required under subsection (h) if all of the following conditions are satisfied: (1) The following checks have been completed regarding the individual: (A) A fingerprint based check of national crime information data bases under IC 31-9-2-22.5(1). (B) A national sex offender registry check under IC 31-9-2-22.5(3). (C) An in-state local criminal records check under IC 31-9-2-22.5(4). (D) An in-state child protection index check under IC 31-33-26. (2) If the individual has resided outside Indiana at any time during SEA 498 — Concur 8 the five (5) years preceding the individual's date of hiring by the child caring institution, the following checks have been requested regarding the individual: (A) An out-of-state child abuse registry check under IC 31-9-2-22.5(2). (B) An out-of-state local criminal records check under IC 31-9-2-22.5(4). (3) The individual's employment before the completion of the criminal history check required under subsection (h) is limited to training during which the individual: (A) does not have contact with children who are under the care and control of the child caring institution; and (B) does not have access to records containing information regarding children who are under the care and control of the child caring institution. (4) The individual completes an attestation, under penalty of perjury, disclosing: (A) any abuse or neglect complaints made against the individual with the child welfare agency of a state other than Indiana in which the individual resided within the five (5) years preceding the date of the attestation; and (B) any contact the individual had with a law enforcement agency in connection with the individual's suspected or alleged commission of a crime in a state other than Indiana in which the individual resided within the five (5) years preceding the date of the attestation. (j) The applicant or facility is responsible for any fees associated with a criminal history check. (k) The department shall, at the applicant's request, inform the applicant whether the department has or does not have a record of the person who is the subject of a criminal history check and if the department has identified the person as an alleged perpetrator of abuse or neglect. The department may not provide to the applicant any details or personally identifying information contained in any child protective services investigation report. (l) A person who is the subject of a criminal history check conducted in accordance with this section may request the state police department to provide the person with a copy of any state or national criminal history report concerning the person. SECTION 4. IC 31-27-3-10, AS AMENDED BY P.L.48-2012, SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) The department may grant a waiver of SEA 498 — Concur 9 the twenty (20) day maximum stay for a child if the child caring institution licensed as a shelter care facility applies for the waiver before the expiration of the twenty (20) day period. maximum stay. (b) The child caring institution shall document in the request for a waiver that the waiver is in the best interest of the child. SECTION 5. IC 31-27-5-4, AS AMENDED BY P.L.173-2022, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) An applicant must apply for a group home license on forms provided by the department. (b) An applicant must submit the required information as part of the application. (c) An applicant must submit with the application a statement attesting the following: (1) Whether the applicant has been convicted of: (A) a felony; or (B) a misdemeanor relating to the health and safety of children. (2) Whether the applicant has been charged with: (A) a felony; or (B) a misdemeanor relating to the health and safety of children; during the pendency of the application. (d) The department on behalf of an applicant, or, at the discretion of the department, an applicant, shall conduct a criminal history check of the following: (1) Each individual who is an applicant. (2) The director or manager of a facility where children will be placed. (3) Each employee or volunteer or contractor of the applicant. (4) Each contractor or individual working in the group home who is likely to have unsupervised contact with children in the group home. (e) If the applicant conducts a criminal history check under subsection (d), the applicant shall: (1) maintain records of the information it receives concerning each individual who is the subject of a criminal history check; and (2) submit to the department a copy of the information the applicant receives concerning each person described in subsection (d)(1) through (d)(3). (d)(4). (f) If the department conducts a criminal history check on behalf of an applicant under subsection (d), the department shall: (1) determine whether the subject of a national fingerprint based SEA 498 — Concur 10 criminal history check has a record of a: (A) conviction for a felony; (B) conviction for a misdemeanor relating to the health and safety of a child; or (C) juvenile adjudication for a nonwaivable offense, as defined in IC 31-9-2-84.8 that, if committed by an adult, would be a felony; (2) notify the applicant of the determination under subdivision (1) without identifying a specific offense or other identifying information concerning a conviction or juvenile adjudication contained in the national criminal history record information; (3) submit to the applicant a copy of any state limited criminal history report that the department receives on behalf of any person described in subsection (d); and (4) maintain a record of every report and all information it receives concerning a person described in subsection (d). (g) Except as provided in subsection (h), a criminal history check described in subsection (d) is required only at the time an application for a new license or the renewal of an existing license is submitted. (h) Except as provided in subsection (i), a criminal history check of each person described in subsection (d)(2), or (d)(3), or (d)(4) must be completed on or before the date the person: (1) is employed; (2) is assigned as a volunteer; or (3) enters into, or the person's employing entity enters into, a contract with the applicant. (i) An individual may be employed by a group home as an employee, volunteer, or contractor before a criminal history check of the individual is completed as required under subsection (h) if all of the following conditions are satisfied: (1) The following checks have been completed regarding the individual: (A) A fingerprint based check of national crime information data bases under IC 31-9-2-22.5(1). (B) A national sex offender registry check under IC 31-9-2-22.5(3). (C) An in-state local criminal records check under IC 31-9-2-22.5(4). (D) An in-state child protection index check under IC 31-33-26. (2) If the individual has resided outside Indiana at any time during the five (5) years preceding the individual's date of hiring by the SEA 498 — Concur 11 group home, the following checks have been requested regarding the individual: (A) An out-of-state child abuse registry check under IC 31-9-2-22.5(2). (B) An out-of-state local criminal records check under IC 31-9-2-22.5(4). (3) The individual's employment before the completion of the criminal history check required under subsection (h) is limited to training during which the individual: (A) does not have contact with children who are under the care and control of the group home; and (B) does not have access to records containing information regarding children who are under the care and control of the group home. (4) The individual completes an attestation, under penalty of perjury, disclosing: (A) any abuse or neglect complaints made against the individual with the child welfare agency of a state other than Indiana in which the individual resided within the five (5) years preceding the date of the attestation; and (B) any contact the individual had with a law enforcement agency in connection with the individual's suspected or alleged commission of a crime in a state other than Indiana in which the individual resided within the five (5) years preceding the date of the attestation. (j) The applicant is responsible for any fees associated with a criminal history check. (k) The department shall, at the applicant's request, inform the applicant as to whether the department has or does not have a record of the person who is the subject of a criminal history check and whether the department has identified the person as an alleged perpetrator of abuse or neglect. The department may not provide to the applicant any details or personally identifying information contained in any child protective services investigation report. (l) A person who is the subject of a criminal history check conducted in accordance with this section may request the state police department to provide the person with a copy of any state or national criminal history report concerning the person. SECTION 6. IC 31-27-5-11, AS AMENDED BY P.L.48-2012, SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) The department may grant a waiver of the twenty (20) day maximum stay for a child if the group home SEA 498 — Concur 12 licensed as a shelter care facility applies for the waiver before the expiration of the twenty (20) day period. maximum stay. (b) The group home shall document in the request for a waiver that the waiver is in the best interest of the child. SECTION 7. IC 31-27-6-15.5, AS ADDED BY P.L.109-2024, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15.5. (a) A child placing agency shall establish minimum qualifications for each classification of employee. The standards in subsections (b) through (e) must be used as a guide by each child placing agency in establishing minimum qualifications for the classifications of an executive, a casework supervisor, a caseworker, and a worker in training, and by the department in the licensing of each child placing agency. (b) An executive must have the following: (1) A bachelor's degree. (2) At least one (1) of the following: (A) Five (5) years of paid experience in a field related to social work, at least two (2) years of which were: (i) in social work; or (ii) in a supervisory or administrative capacity in a field related to social work, including working for the department. (B) A master's degree in social work, counseling, or a related human services area and at least two (2) years of paid experience: (i) in social work; or (ii) in a supervisory or administrative capacity in a field related to social work, including working for the department. (c) A casework supervisor must have the following: (1) A bachelor's degree. (2) One (1) year of graduate training in social work, counseling, or a related human service area of study. (3) (2) At least one (1) of the following: (A) Three (3) years of supervised paid casework experience, at least one (1) year of which was with a licensed child placing agency or with the department. child welfare agency (as defined in IC 31-9-2-19.3). (B) A At least eight (8) credit hours of master's degree from a recognized school of level courses in: (i) social work; (ii) counseling; or (iii) a human services area of study or related field; and at least one (1) year of supervised paid casework SEA 498 — Concur 13 experience in a licensed child placing agency or with the department. with a child welfare agency (as defined in IC 31-9-2-19.3). (d) A caseworker must have the following: (1) A bachelor's degree. (2) At least one (1) of the following: (A) Three (3) years of supervised paid casework experience. (B) One (1) year of supervised paid casework experience in a licensed child placing agency or with the department. (C) One (1) year of graduate training in a recognized school of social work. (e) A worker in training must have a bachelor's degree. (f) A child placing agency must only employ a staff member who is: (1) duly qualified; (2) of good moral character; and (3) in satisfactory health. (g) An employee who is in a position on January 1, 2012, and who qualified for that position on December 31, 2011, is exempt from the requirements of this section. SECTION 8. IC 31-27-9-2, AS ADDED BY P.L.109-2024, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) A licensee shall obtain from the placing agency or placing parent a statement indicating whether or not the child has, to the best of the agency's or parent's knowledge, been exposed to a communicable disease within twenty-one (21) days before the date of admission. (b) Each child must receive a health examination by a licensed professional within ninety-three (93) days before admission, or not later than twenty-one (21) days after admission. The examination must include the following: (1) Health history. (2) Physical examination. (3) Vision and hearing screening. (4) A test for tuberculosis if the last such test is known to be negative or if there is no record of a test. If the test is positive the child shall have a diagnostic chest x-ray and other indicated laboratory tests to determine whether or not the disease is in an infectious state. (5) A written statement from the licensed professional that in the professional's opinion there is no health condition that would be hazardous either to the child or to other children in the licensee's care. SEA 498 — Concur 14 (6) A statement of the medical findings, including physical defects and need for dental care, state of development, and ability of the child to take part in group activities, or a schedule of permitted activities if activities need to be limited. (7) A health examination, including a tuberculosis screen annually and a tuberculosis test whenever there is reason to suspect that the child may have a condition hazardous or potentially hazardous to others or whenever the child's general condition indicates the need for an examination. (c) Each child must receive a dental examination from a licensed dentist as follows: (1) Within forty-five (45) days of admission unless the child caring institution has documentation of a dental examination within the one hundred eighty-five (185) days before admission. (2) Annually. (3) Whenever an interim condition indicates the need for examination or treatment. (d) Any treatment or corrective measures required by the licensed professional or dentist must be arranged by the licensee, as approved by a parent, legal guardian, or placing agency. (e) This subsection does not apply to an emergency shelter or an emergency shelter group home. A licensee, after attempting to determine the child's immunization history, shall ensure that each child has received all immunizations and booster shots which are required under IC 20-34-4-2(c)(1). (f) All children must be immunized against routine childhood diseases unless exempted by a licensed professional's statement. (g) A child may be exempted from immunizations against routine childhood diseases upon the good faith religious belief statement of the parent or guardian. (h) The adequate immunizing doses and the child's age for administering each vaccine under subsection (e) must be those recommended by the Indiana department of health. (i) Adequate documentation of an immunization history must consist of one (1) of the following: (1) A licensed professional's certificate, including the number and dates of doses administered. (2) Immunization records forwarded from a school corporation, including the number and dates of doses administered. (3) A record maintained by the parent or guardian showing the month, day, and year during which each dose of vaccine was administered. SEA 498 — Concur 15 (j) If a licensed professional certifies in writing that a particular immunization required under this section is detrimental, or may be detrimental, to the child's health, the requirements for that particular immunization are not applicable for that child until the immunization is found no longer to be detrimental to the child's health. (k) A licensee shall maintain a health record for each child. The record must include the following: (1) Admission and periodic health and dental examination information. (2) A licensed professional's written instructions with regard to special dietary or health care required. (3) Record of all medications and treatments. (4) Record of observations and incidents, including accidents, injuries, or any other condition which may be associated with a health condition or possible abuse or neglect. SECTION 9. IC 31-27-9-3, AS ADDED BY P.L.109-2024, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) A licensee shall provide psychotropic medications to a child only as prescribed by a licensed professional in Indiana: (1) whose scope of work includes prescribing psychotropic medications; and (2) who has the responsibility for the diagnosis, treatment, and therapeutic planning for the child. (b) This subsection does not apply to an emergency shelter or an emergency shelter group home. A licensee shall obtain from the prescribing licensed professional a written report at least every thirty-five (35) days for each child receiving psychotropic medication. The written report must state the reasons medication is being continued, discontinued, or changed, as well as any recommended changes in the treatment goals and planning. The report must be based on the licensed professional's review of reports by staff as well as the professional's actual observation of the child at least every ninety-three (93) days. SECTION 10. An emergency is declared for this act. SEA 498 — Concur President of the Senate President Pro Tempore Speaker of the House of Representatives Governor of the State of Indiana Date: Time: SEA 498 — Concur