EdLaw
Indiana — duty to report child abuse or neglect (IC 31-33-5)
Indiana's reporting duty: every individual with reason to believe a child is a victim of abuse or neglect must report; a member of a school's staff must report immediately to the department of child services or the appropriate law enforcement agency, may delegate the duty only in the narrow case section 2(b) sets out, and then notifies the individual in charge of the school (or a designated agent) that the report was made; and no school or school corporation may adopt a policy that restricts or delays the duty.
IC §31-33-5-1. Duty to make report
Sec. 1. In addition to any other duty to report arising under this article, an individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report as required by this article.
[Pre-1997 Recodification Citation: 31-6-11-3(a).]
IC §31-33-5-2. Report; exception for delegation of duty to report; notification of individual in charge
Sec. 2. (a) If an individual is required to make a report under this article in the individual's capacity as a member of the staff of a public or private institution, school, facility, organization, or agency, the individual shall immediately make a report to:
The individual does not have discretion to decide not to report known or suspected child abuse or neglect, unless a report has already been made and documented by the individual in charge under subsection (d).
(b) An individual required to make a report of known or suspected child abuse or neglect may not delegate the duty to make the report to another individual, unless:
- (1) the individual to whom the duty is being delegated is part of the child's care team and has personally been involved in the child's care; and
- (2) the notification of suspected child abuse or neglect made to the individual described in subdivision (1) is in writing.
(c) The individual described in subsection (b)(1) shall immediately report the suspected child abuse or neglect to the appropriate law enforcement agency or the department. As soon as possible after making the report to law enforcement or the department, the individual described in subsection (b)(1) shall do the following:
- (1) Record in writing that they were notified of suspected child abuse or neglect, including the identity of the person who notified them, the date and time that they received the notification, and the date and time that they reported the suspected child abuse or neglect to law enforcement or the department of child services.
- (2) Place or cause to be placed in the child's medical file:
(d) After making the report, the individual required to make the report and the individual described in subsection (b)(1) shall notify the individual in charge of the institution, school, facility, organization, or agency or the designated agent of the individual in charge of the institution, school, facility, organization, or agency that the report was made.
[Pre-1997 Recodification Citation: 31-6-11-3(b) part.]
IC §31-33-5-3. Effect of compliance on individual's own duty to report
Sec. 3. This chapter does not relieve an individual of the obligation to report on the individual's own behalf, unless a report has already been made to the best of the individual's belief.
[Pre-1997 Recodification Citation: 31-6-11-3(b) part.]
IC §31-33-5-4. Immediate oral or written report to department of child services or law enforcement agency
Sec. 4. (a) Except as provided in subsection (b), a person who has a duty under this chapter to report that a child may be a victim of child abuse or neglect shall immediately make an oral or written report to:
(b) A person who has a duty under section 2(c) of this chapter to report that a child may be a victim of child abuse or neglect shall immediately make an oral or written report to:
[Pre-1997 Recodification Citation: 31-6-11-4.]
IC §31-33-5-5. Prohibition on policy that restricts or delays an individual's duty to report
(b) A medical institution or other public or private institution, public or nonpublic school, school corporation, facility, or agency may not establish any policy that restricts or delays the duty of an employee or individual to report under this chapter.
Related
- Indiana student records — IC 20-33-7, the state's student-records chapter
- Title IX regulations — the federal coordinator and response duties for sex-based harassment
Sources
- Indiana Code 2026 — Title 31, Article 33, Chapter 5 (Duty to Report Child Abuse or Neglect) — SHA-256
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