CHAPTER 8. INVESTIGATION OF REPORTS OF SUSPECTED CHILD ABUSE OR NEGLECT
IC 31-33-8
Chapter 8. Investigation of Reports of Suspected Child Abuse or
Neglect
IC 31-33-8-1
Investigations by the department of child services; time of
initiation; investigations of child care ministries
Sec. 1. (a) The department shall initiate an appropriately thorough
child protection assessment of every report of known or suspected
child abuse or neglect the department receives, whether in
accordance with this article or otherwise.
(b) If the department believes that a child is in imminent danger
of serious bodily harm, the department shall initiate an onsite
assessment immediately, but not later than one (1) hour, after
receiving the report.
(c) If the report alleges a child may be a victim of child abuse, the
assessment shall be initiated immediately, but not later than
twenty-four (24) hours after receipt of the report.
(d) If reports of child neglect are received, the assessment shall be
initiated within a reasonably prompt time, but not later than five (5)
days, with the primary consideration being the well-being of the
child who is the subject of the report.
(e) If the report alleges that a child lives with a parent, guardian,
or custodian who is married to or lives with a person who:
(1) has been convicted of:
(A) neglect of a dependent under IC 35-46-1-4; or
(B) a battery offense under IC 35-42-4; or
(2) is required to register as a sex or violent offender under
IC 11-8-8;
the department shall initiate an assessment within a reasonably
prompt time, but not later than five (5) days after the department
receives the report, with the primary consideration being the
well-being of the child who is the subject of the report.
(f) If the safety or well-being of a child appears to be endangered
or the facts otherwise warrant, the assessment shall be initiated
regardless of the time of day.
(g) If a report alleges abuse or neglect and involves a child care
ministry that is exempt from licensure under IC 12-17.2-6, the
department and the appropriate law enforcement agency shall jointly
conduct an investigation. The investigation shall be conducted under
the requirements of this section and section 2(b) of this chapter.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,
SEC.117; P.L.124-2007, SEC.10; P.L.131-2009, SEC.43.
IC 31-33-8-2
Investigations by law enforcement agencies
Sec. 2. (a) Upon the receipt of each report under this chapter of
known or suspected child abuse, the department shall contact the law
enforcement agency in the appropriate jurisdiction.
(b) The law enforcement agency, with the department, shall
conduct an immediate onsite investigation of the report if the law
enforcement agency has reason to believe that an offense has been
committed. The law enforcement agency shall investigate the alleged
child abuse or neglect under this chapter in the same manner that the
law enforcement agency conducts any other criminal investigation.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,
SEC.118.
IC 31-33-8-3
Photographs and x-rays
Sec. 3. (a) Except as provided in subsection (b), the department
shall:
(1) cause color photographs to be taken of the areas of trauma
visible on a child who is subject to a report; and
(2) if medically indicated, cause a radiological examination of
the child to be performed.
(b) If the law enforcement agency participates in the assessment,
the law enforcement agency shall cause the color photographs to be
taken as provided by this section.
(c) The department shall reimburse the expenses of the
photographs and x-rays.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,
SEC.119; P.L.131-2009, SEC.44.
IC 31-33-8-4
Notice to prosecuting attorney of reports involving child's death
Sec. 4. The law enforcement agency shall:
(1) give telephone notice; and
(2) immediately forward a copy;
of reports made under this article that involve the death of a child to
the appropriate prosecuting attorney.
As added by P.L.1-1997, SEC.16.
IC 31-33-8-5
Forwarding copies of reports to prosecuting attorney
Sec. 5. The department shall immediately forward a copy of all
reports made under this article to the appropriate prosecuting
attorney if the prosecuting attorney has made a prior request to the
service in writing for the copies.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,
SEC.120.
IC 31-33-8-6
Investigatory duties of department of child services; purpose
Sec. 6. The department shall promptly make a thorough
assessment upon either the oral or written report. The primary
purpose of the assessment is the protection of the child.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,
SEC.121; P.L.131-2009, SEC.45.
IC 31-33-8-7
Scope of investigation by department of child services; order for
access to home, school, or other place, or for mental or physical
examinations
Sec. 7. (a) The department's assessment, to the extent that is
reasonably possible, must include the following:
(1) The nature, extent, and cause of the known or suspected
child abuse or neglect.
(2) The identity of the person allegedly responsible for the child
abuse or neglect.
(3) The names and conditions of other children in the home.
(4) An evaluation of the parent, guardian, custodian or person
responsible for the care of the child.
(5) The home environment and the relationship of the child to
the parent, guardian, or custodian or other persons responsible
for the child's care.
(6) All other data considered pertinent.
(b) The assessment may include the following:
(1) A visit to the child's home.
(2) An interview with the subject child.
(3) A physical, psychological, or psychiatric examination of any
child in the home.
(c) If:
(1) admission to the home, the school, or any other place that
the child may be; or
(2) permission of the parent, guardian, custodian, or other
persons responsible for the child for the physical,
psychological, or psychiatric examination;
under subsection (b) cannot be obtained, the juvenile court, upon
good cause shown, shall follow the procedures under IC 31-32-12.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,
SEC.122; P.L.131-2009, SEC.46.
IC 31-33-8-8
Order for child's immediate removal; preparation of investigative
report
Sec. 8. (a) If, before the assessment is complete, the opinion of the
law enforcement agency or the department is that immediate removal
is necessary to protect the child from further abuse or neglect, the
juvenile court may issue an order under IC 31-32-13.
(b) The department shall make a complete written report of the
assessment.
(c) If a law enforcement agency participates in the assessment, the
law enforcement agency shall also make a complete written report of
the assessment.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,
SEC.123; P.L.131-2009, SEC.47.
IC 31-33-8-9
Provision of copies of investigative report by department of child
services
Sec. 9. (a) The department's report under section 8 of this chapter
shall be made available to:
(1) the appropriate court;
(2) the prosecuting attorney; or
(3) the appropriate law enforcement agency;
upon request.
(b) If child abuse or neglect is substantiated after an assessment
is conducted under section 7 of this chapter, the department shall
forward its report to the office of the prosecuting attorney having
jurisdiction in the county in which the alleged child abuse or neglect
occurred.
(c) If the assessment substantiates a finding of child abuse or
neglect as determined by the department, a report shall be sent to the
coordinator of the community child protection team under
IC 31-33-3.
As added by P.L.1-1997, SEC.16. Amended by P.L.35-1998, SEC.4;
P.L.234-2005, SEC.124; P.L.131-2009, SEC.48.
IC 31-33-8-10
Provision of information and copies of investigative report by law
enforcement agency
Sec. 10. If the law enforcement agency participates in the child
abuse or neglect assessment, the law enforcement agency shall
forward all information, including copies of an assessment report
under section 7 of this chapter, on an incident in which a child may
be a victim of alleged child abuse or neglect, whether obtained under
this article or not, to the office of the prosecuting attorney.
As added by P.L.1-1997, SEC.16. Amended by P.L.131-2009,
SEC.49.
IC 31-33-8-11
Law enforcement agency's duty to release information to
department of child services
Sec. 11. In all cases, the law enforcement agency shall release
information on an incident in which a child may be a victim of
alleged child abuse or neglect, whether obtained under this article or
not, to the department.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,
SEC.125.
IC 31-33-8-12
Classifying reports as substantiated or unsubstantiated
Sec. 12. Upon completion of an assessment, the department shall
classify reports as substantiated or unsubstantiated.
As added by P.L.1-1997, SEC.16. Amended by P.L.70-2004, SEC.13;
P.L.234-2005, SEC.126; P.L.131-2009, SEC.50.
IC 31-33-8-13
Court findings to be entered in the child protection index
Sec. 13. Whenever a court finds that a child is a child in need of
services on the basis of a child abuse or neglect report classified as
substantiated under section 12 of this chapter, the department shall
enter into the child protection index established under IC 31-33-26-2
identifiable information concerning the court's judgment.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,
SEC.127; P.L.138-2007, SEC.65.
IC 31-33-8-14
Repealed
(Repealed by P.L.138-2007, SEC.93.)