CHAPTER 22. OFFENSES; ACCESS TO UNSUBSTANTIATED FALSE REPORTS
IC 31-33-22
Chapter 22. Offenses; Access to Unsubstantiated False Reports
IC 31-33-22-1
Failure to make report
Sec. 1. (a) A person who knowingly fails to make a report
required by IC 31-33-5-1 commits a Class B misdemeanor.
(b) A person who knowingly fails to make a report required by
IC 31-33-5-2 commits a Class B misdemeanor. This penalty is in
addition to the penalty imposed by subsection (a).
As added by P.L.1-1997, SEC.16.
IC 31-33-22-2
Obtaining child abuse information under false pretenses;
knowingly falsifying records or interfering with an investigation
Sec. 2. (a) An individual who knowingly requests, obtains, or
seeks to obtain child abuse or neglect information under false
pretenses commits a Class B misdemeanor.
(b) A person who knowingly or intentionally:
(1) falsifies child abuse or neglect information or records; or
(2) obstructs or interferes with a child abuse assessment,
including an assessment conducted by a local child fatality
review team or the statewide child fatality review committee;
commits obstruction of a child abuse assessment, a Class A
misdemeanor.
As added by P.L.1-1997, SEC.16. Amended by P.L.70-2004, SEC.17;
P.L.131-2009, SEC.54.
IC 31-33-22-3
False reports; criminal and civil liability; notification of
prosecuting attorney
Sec. 3. (a) A person who intentionally communicates to:
(1) a law enforcement agency; or
(2) the department;
a report of child abuse or neglect knowing the report to be false
commits a Class A misdemeanor. However, the offense is a Class D
felony if the person has a previous unrelated conviction for making
a report of child abuse or neglect knowing the report to be false.
(b) A person who intentionally communicates to:
(1) a law enforcement agency; or
(2) 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.
(c) The director or the director's designee shall, after review by
the department's attorney, notify the prosecuting attorney whenever
the director or the director's designee and the department's attorney
have reason to believe that a person has violated this section.
(d) A person who:
(1) has reason to believe that the person is a victim of a false
report of child abuse or neglect under this section; and
(2) is not named in a pending criminal charge or under
assessment relating to the report;
may file a complaint with the prosecuting attorney. The prosecuting
attorney shall review the relevant child abuse or neglect records of
the department and any other relevant evidence.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,
SEC.166; P.L.131-2009, SEC.55.
IC 31-33-22-4
Failure to notify of name change
Sec. 4. A person who intentionally violates IC 31-33-17-10
commits a Class B misdemeanor.
As added by P.L.1-1997, SEC.16.
IC 31-33-22-5
Access by accused to false report
Sec. 5. A person who is accused of committing child abuse or
neglect is entitled to access to a report relevant to an alleged false
accusation filed under this article if a court finds that the report:
(1) is unsubstantiated; and
(2) was intentionally communicated to a law enforcement
agency or the department by a person who knew the report was
false.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,
SEC.167.