INDIANA
MANDATORY REPORTING LAWS
MANDATORY REPORTING LAWS
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Professionals required to report
“Citation: Ann. Code § 31-33-5-1
Any person who has reason to believe that a child is a victim of abuse or neglect must report.”
Other persons required to report
“Citation: Ann. Code § 31-33-5-1
Any person who has reason to believe that a child is a victim of abuse or neglect must report.”
Institutional responsibility to report
“Citation: Ann. Code §§ 31-33-5-2; 31-33-5-2.5; 31-33-5-3; 31-33-5-5
Section 31-33-5-2 does not apply to an individual required to make a report under this article in the individual’s capacity as a member of the staff of a licensed hospital. An individual required to make a report under this article in the individual’s capacity as a member of the staff is subject to § 31-33-5-2.5.
If an individual is required to make a report in the individual’s capacity as a member of the staff of a medical or other public or private institution, school, facility, or agency, the individual shall immediately make a report to either the Department of Child Services or the local law enforcement agency. After making the report, the individual shall notify the individual in charge of the institution, school, facility, or agency that the report was made.
Section 31-33-5-2.5 applies only to an individual required to make a report under this article in the individual’s capacity as a
member of the staff of a licensed hospital. 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 licensed hospital, the individual shall immediately notify the individual in charge of the hospital. The
individual in charge of the hospital who received the notification shall immediately report or cause a report to be made to the
department or the local law enforcement agency.
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.
A medical institution or other public or private institution, public or nonpublic 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.”
WHAT ARE THEY REQUIRED TO REPORT
“Citation: Ann. Code § 31-33-5-1
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.”
PENALTIES FOR FAILING TO REPORT
Failure to Report
Citation: Ann. Code § 31-33-22-1
A person who knowingly fails to make a report required by § 31-33-5-1 commits a class B misdemeanor.
A person who, in his or her capacity as a staff member of a medical or other institution, school, facility, or agency is required to
make a report to the individual in charge of the institution, school, facility, or agency, or his or her designated agent, as required
by § 31-33-5-2 or 31-33-5-2.5, and who knowingly fails to make a report commits a class B misdemeanor. This penalty is imposed in addition to the penalty imposed above.
PENALTIES FOR FALSE REPORTING
“False Reporting
Citation: Ann. Code § 31-33-22-3(a)-(b)
A person who intentionally communicates to a law enforcement agency or the Department of Child Services a knowingly false report of child abuse or neglect commits a class A misdemeanor. The offense is a level 6 felony if the person has a previous unrelated conviction for making a knowingly false report of child abuse or neglect.
A person who intentionally communicates to a law enforcement agency or the department a report of child abuse or neglect knowing the report to be false is liable to the person accused of child abuse or neglect for actual damages. The finder of fact may award punitive damages and attorney’s fees in an amount determined by the finder of fact against the person.”
PRIVILEGED COMMUNICATIONS
“Citation: Ann. Code § 31-32-11-1
Privileged communications between any of the following shall not be grounds for failing to report:
• A husband and wife
• A health-care provider and the provider’s patient
• A licensed social worker, clinical social worker, marriage and family therapist, mental health counselor, addiction counselor, or clinical addiction counselor and a client of any of these professionals
• A school counselor or psychologist and a student”
REPORTER’S IDENTITY
“Inclusion of Reporter’s Name in Report
Citation: Ann. Code § 31-33-7-4
The written report must include the name and contact information for the person making the report.
Disclosure of Reporter Identity
Citation: Ann. Code § 31-33-18-2
The report shall be made available to the person about whom a report has been made, with protection for the identity of the
following:
• Any person reporting known or suspected child abuse or neglect
• Any other person if the person or agency making the information available finds that disclosure of the information would be likely to endanger the life or safety of the person
The report also may be made available to each parent, guardian, custodian, or other person responsible for the welfare of a child
named in a report and an attorney of any of these individuals, with protection for the identity of reporters and other appropriate
individuals.”