Bill Text: IN HB1086 | 2013 | Regular Session | Introduced
Bill Title: Duty to report child abuse or neglect.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-07 - First reading: referred to Committee on Courts and Criminal Code [HB1086 Detail]
Download: Indiana-2013-HB1086-Introduced.html
Citations Affected: IC 16-34-2-1.1; IC 16-39-2-6; IC 31-9-2-133;
IC 31-32-3-11; IC 31-33; IC 35-31.5-2; IC 35-42-6; IC 35-51-31-1.
Synopsis: Duty to report child abuse or neglect. Moves certain statutes
concerning the duty to report child abuse to Title 35 of the Indiana
Code governing criminal law and procedure. Defines "victim of child
abuse or neglect" for purposes of the duty to report child abuse.
Effective: July 1, 2013.
January 7, 2013, read first time and referred to Committee on Courts and Criminal Code.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(1) At least eighteen (18) hours before the abortion and in the presence of the pregnant woman, the physician who is to perform the abortion, the referring physician or a physician assistant (as defined in IC 25-27.5-2-10), an advanced practice nurse (as defined in IC 25-23-1-1(b)), or a midwife (as defined in IC 34-18-2-19) to whom the responsibility has been delegated by the physician who is to perform the abortion or the referring physician has informed the pregnant woman orally and in writing of the following:
(A) The name of the physician performing the abortion, the
physician's medical license number, and an emergency
telephone number where the physician or the physician's
designee may be contacted on a twenty-four (24) hour a day,
seven (7) day a week basis.
(B) That follow-up care by the physician or the physician's
designee (if the designee is licensed under IC 25-22.5) and is
available on an appropriate and timely basis when clinically
necessary.
(C) The nature of the proposed procedure.
(D) Objective scientific information of the risks of and
alternatives to the procedure, including:
(i) the risk of infection and hemorrhage;
(ii) the potential danger to a subsequent pregnancy; and
(iii) the potential danger of infertility.
(E) That human physical life begins when a human ovum is
fertilized by a human sperm.
(F) The probable gestational age of the fetus at the time the
abortion is to be performed, including:
(i) a picture or drawing of a fetus;
(ii) the dimensions of a fetus; and
(iii) relevant information on the potential survival of an
unborn fetus;
at this stage of development.
(G) That objective scientific information shows that a fetus
can feel pain at or before twenty (20) weeks of postfertilization
age.
(H) The medical risks associated with carrying the fetus to
term.
(I) The availability of fetal ultrasound imaging and
auscultation of fetal heart tone services to enable the pregnant
woman to view the image and hear the heartbeat of the fetus
and how to obtain access to these services.
(J) That the pregnancy of a child less than fifteen (15) years of
age may constitute child abuse under Indiana law if the act
included an adult and must be reported to the department of
child services or the local law enforcement agency under
IC 31-33-5. IC 35-42-6.
(2) At least eighteen (18) hours before the abortion, the pregnant
woman will be informed orally and in writing of the following:
(A) That medical assistance benefits may be available for
prenatal care, childbirth, and neonatal care from the county
office of the division of family resources.
(B) That the father of the unborn fetus is legally required to assist in the support of the child. In the case of rape, the information required under this clause may be omitted.
(C) That adoption alternatives are available and that adoptive parents may legally pay the costs of prenatal care, childbirth, and neonatal care.
(D) That there are physical risks to the pregnant woman in having an abortion, both during the abortion procedure and after.
(E) That Indiana has enacted the safe haven law under IC 31-34-2.5.
(F) The:
(i) Internet web site address of the state department of health's web site; and
(ii) description of the information that will be provided on the web site and that are;
described in section 1.5 of this chapter.
(3) The pregnant woman certifies in writing, before the abortion is performed, that:
(A) the information required by subdivisions (1) and (2) has been provided to the pregnant woman;
(B) the pregnant woman has been offered the opportunity to view the fetal ultrasound imaging and hear the auscultation of the fetal heart tone if the fetal heart tone is audible and that the woman has:
(i) viewed or refused to view the offered fetal ultrasound imaging; and
(ii) listened to or refused to listen to the offered auscultation of the fetal heart tone if the fetal heart tone is audible; and
(C) the pregnant woman has been given a written copy of the printed materials described in section 1.5 of this chapter.
(b) Before an abortion is performed, the pregnant woman shall view the fetal ultrasound imaging and hear the auscultation of the fetal heart tone if the fetal heart tone is audible unless the pregnant woman certifies in writing, before the abortion is performed, that the pregnant woman does not want to view the fetal ultrasound imaging.
(1) To individuals who meet the following conditions:
(A) Are employed by:
(i) the provider at the same facility or agency;
(ii) a managed care provider (as defined in IC 12-7-2-127(b)); or
(iii) a health care provider or mental health care provider, if the mental health records are needed to provide health care or mental health services to the patient.
(B) Are involved in the planning, provision, and monitoring of services.
(2) To the extent necessary to obtain payment for services rendered or other benefits to which the patient may be entitled, as provided in IC 16-39-5-3.
(3) To the patient's court appointed counsel and to the Indiana protection and advocacy services commission.
(4) For research conducted in accordance with IC 16-39-5-3 and the rules of the division of mental health and addiction, the rules of the division of disability and rehabilitative services, or the rules of the provider.
(5) To the division of mental health and addiction for the purpose of data collection, research, and monitoring managed care providers (as defined in IC 12-7-2-127(b)) who are operating under a contract with the division of mental health and addiction.
(6) To the extent necessary to make reports or give testimony required by the statutes pertaining to admissions, transfers, discharges, and guardianship proceedings.
(7) To a law enforcement agency if any of the following conditions are met:
(A) A patient escapes from a facility to which the patient is committed under IC 12-26.
(B) The superintendent of the facility determines that failure to provide the information may result in bodily harm to the patient or another individual.
(C) A patient commits or threatens to commit a crime on facility premises or against facility personnel.
(D) A patient is in the custody of a law enforcement officer or agency for any reason and:
(i) the information to be released is limited to medications currently prescribed for the patient or to the patient's history of adverse medication reactions; and
(ii) the provider determines that the release of the medication information will assist in protecting the health, safety, or welfare of the patient.
Mental health records released under this clause must be maintained in confidence by the law enforcement agency receiving them.
(8) To a coroner or medical examiner, in the performance of the individual's duties.
(9) To a school in which the patient is enrolled if the superintendent of the facility determines that the information will assist the school in meeting educational needs of a person with a disability under 20 U.S.C. 1400 et seq.
(10) To the extent necessary to satisfy reporting requirements under the following statutes:
(A) IC 12-10-3-10.
(B) IC 12-24-17-5.
(C) IC 16-41-2-3.
(D) IC 31-25-3-2.
(F) IC 35-42-6-3.
(G) IC 35-46-1-13.
(11) To the extent necessary to satisfy release of information requirements under the following statutes:
(A) IC 12-24-11-2.
(B) IC 12-24-12-3, IC 12-24-12-4, and IC 12-24-12-6.
(C) IC 12-26-11.
(12) To another health care provider in a health care emergency.
(13) For legitimate business purposes as described in IC 16-39-5-3.
(14) Under a court order under IC 16-39-3.
(15) With respect to records from a mental health or developmental disability facility, to the United States Secret Service if the following conditions are met:
(A) The request does not apply to alcohol or drug abuse records described in 42 U.S.C. 290dd-2 unless authorized by a court order under 42 U.S.C. 290dd-2(b)(2)(c).
(B) The request relates to the United States Secret Service's protective responsibility and investigative authority under 18 U.S.C. 3056, 18 U.S.C. 871, or 18 U.S.C. 879.
(C) The request specifies an individual patient.
(D) The director or superintendent of the facility determines that disclosure of the mental health record may be necessary to protect a person under the protection of the United States Secret Service from serious bodily injury or death.
(E) The United States Secret Service agrees to only use the mental health record information for investigative purposes and not disclose the information publicly.
(F) The mental health record information disclosed to the United States Secret Service includes only:
(i) the patient's name, age, and address;
(ii) the date of the patient's admission to or discharge from the facility; and
(iii) any information that indicates whether or not the patient has a history of violence or presents a danger to the person under protection.
(16) To the statewide waiver ombudsman established under IC 12-11-13, in the performance of the ombudsman's duties.
(b) After information is disclosed under subsection (a)(15) and if the patient is evaluated to be dangerous, the records shall be interpreted in consultation with a licensed mental health professional on the staff of the United States Secret Service.
(c) A person who discloses information under subsection (a)(7) or (a)(15) in good faith is immune from civil and criminal liability.
(1) IC 31-34-1-1 through IC 31-34-1-5;
(2) IC 31-34-1-10; or
(3) IC 31-34-1-11;
regardless of whether the child needs care, treatment, rehabilitation, or the coercive intervention of a court.
(b) The term does not include a child who is alleged to be a victim of a sexual offense under IC 35-42-4-3 unless the alleged offense under IC 35-42-4-3 involves the fondling or touching of the buttocks, genitals, or female breasts.
(b) A juvenile court that establishes a program under subsection (a) may, after conducting a criminal history check of every individual who is likely to have contact with a child, appoint staff and an early intervention advocate to implement, coordinate, and carry out the purposes of the program. The court may not appoint an individual
under this subsection if the results of the criminal history check
disclose that the individual has a record of:
(1) a conviction for a felony;
(2) a conviction for a misdemeanor relating to the health and
safety of a child; or
(3) a juvenile adjudication for an act that, if committed by an
adult, would be a felony listed in IC 31-27-4-13(a).
(c) The program staff or an early intervention advocate appointed
under subsection (b) may:
(1) receive information concerning an at-risk child from any
person; and
(2) use the information received under subdivision (1) to create,
implement, and maintain an individualized plan for the at-risk
child and the child's family if the child's parent, guardian, or
custodian has consented to the participation of the child in the
program. The individualized plan created under this subdivision
may include a program of counseling, tutoring, or mentoring.
(d) All information received under the program by the program staff
or an early intervention advocate:
(1) is confidential; and
(2) may be disclosed only to the following:
(A) Program staff or an early intervention advocate appointed
to the program under subsection (b).
(B) Any person or entity engaged by a person described in
clause (A) in creating, implementing, and maintaining a plan
for an at-risk child and the child's family.
(C) The juvenile court.
(e) The privileged communication between:
(1) a husband and wife;
(2) a health care provider and the health care provider's patient;
(3) a juvenile client and a:
(A) licensed social worker;
(B) licensed clinical social worker;
(C) licensed marriage and family therapist;
(D) licensed mental health counselor;
(E) licensed addiction counselor; or
(F) licensed clinical addiction counselor;
(4) a school counselor and a student; or
(5) a school psychologist and a student;
may not prevent an individual described in this subsection from
reporting to, requesting assistance from, or cooperating with program
staff or an early intervention advocate under this section.
(f) Any individual may request that a child receive assistance under a program established under subsection (a) if the individual believes a child may be an at-risk child.
(g) After receiving a request that a child receive assistance under a program described in subsection (a), or after receiving information that a child may be an at-risk child, program staff or an early intervention advocate shall determine whether the child would benefit from the program. If the program staff or early intervention advocate determines that the child would benefit from the program, the staff or early intervention advocate shall inform the parent, guardian, or custodian of the determination and request that the parent, guardian, or custodian permit the child to participate in the program. The child (and the parent, guardian, or custodian) may participate in the program only with the consent of the parent, guardian, or custodian.
(h) A person who:
(1) makes a good faith request under subsection (f);
(2) in good faith provides information concerning a child to program staff or an early intervention advocate appointed under subsection (b); or
(3) in good faith participates in a plan under this section;
is immune from civil or criminal liability.
(i) Except as provided under
(b) Written reports under this section must be made on forms supplied by the administrator. The written reports must include, if known, the following information:
(1) The names and addresses of the following:
(A) The child.
(B) The child's parents, guardian, custodian, or other person responsible for the child's care.
(2) The child's age and sex.
(3) The nature and apparent extent of the child's injuries, abuse,
or neglect, including any evidence of prior:
(A) injuries of the child; or
(B) abuse or neglect of the child or the child's siblings.
(4) The name of the person allegedly responsible for causing the
injury, abuse, or neglect.
(5) The source of the report.
(6) The person making the report and where the person can be
reached.
(7) The actions taken by the reporting source, including the
following:
(A) Taking of photographs and x-rays.
(B) Removal or keeping of the child.
(C) Notifying the coroner.
(8) The written documentation required by IC 31-34-2-3 if a child
was taken into custody without a court order.
(9) Any other information that:
(A) the director requires by rule; or
(B) the person making the report believes might be helpful.
(1) immediately communicate the report to the department, whether or not the law enforcement agency has reason to believe there exists an imminent danger to the child's health or welfare; and
(2) conduct an immediate, onsite assessment of the report along with the department whenever the law enforcement agency has reason to believe that an offense has been committed.
(b) In all cases, the law enforcement agency shall forward any information, including copies of assessment reports, on incidents of cases in which a child may be a victim of child abuse or neglect, whether or not obtained under this article, to:
(1) the department; and
(2) the juvenile court under IC 31-34-7.
(b) "Child", for purposes of IC 35-47-10 and IC 35-44.1-5-5, has the meaning set forth in IC 35-47-10-3.
Chapter 6. Reporting Child Abuse
Sec. 1. As used in this chapter, "child" means a person who is less than eighteen (18) years of age.
Sec. 2. As used in this chapter, "victim of child abuse or neglect" means:
(1) a child whose physical or mental condition is seriously impaired or seriously endangered as a result of refusal or neglect by the child's parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, medical care, education, or supervision;
(2) a child whose physical or mental health is seriously endangered due to an injury by the act or omission of the child's parent, guardian, or custodian;
(3) a child who is the victim of an offense under:
(A) IC 35-42-4-1;
(B) IC 35-42-4-2;
(C) IC 35-42-4-3, if the child molestation included the fondling or touching of the buttocks, genitals, or female breasts;
(D) IC 35-42-4-4;
(E) IC 35-42-4-7;
(F) IC 35-42-4-9;
(G) IC 35-45-4-1;
(H) IC 35-45-4-2;
(I) IC 35-46-1-3; or
(J) the law of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in clauses (A) through (I);
(4) a child whose parent, guardian, or custodian allowed the child to participate in an obscene performance under IC 35-49-2-2 or IC 35-49-3-2;
(5) a child whose parent, guardian, or custodian allowed the child to commit a sex offense prohibited by IC 35-45-4;
(6) a child who was born with:
(A) fetal alcohol syndrome; or
(B) any amount, including a trace amount, of a controlled substance or a legend drug in the child's body;
(7) except as provided in IC 31-34-1-12 and IC 31-34-1-13, a child who:
(A) has an injury;
(B) has abnormal physical or psychological development; or
(C) is at a substantial risk of a life threatening condition;
that occurred or substantially occurred because the child's mother used alcohol, a controlled substance, or a legend drug during pregnancy;
(8) a child who was placed in a situation that endangered the child's life or health;
(9) a child who was abandoned or cruelly confined; or
(10) a child who has been deprived of education.
Sec. 3. A person who has a reason to believe that a child may be a victim of child abuse or neglect shall immediately make a verbal report to:
(1) the department of child services; or
(2) a local law enforcement agency.
Sec. 4. (a) If an individual is required to make a report under section 3 of this chapter 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 notify the individual in charge of the institution, school, facility, or agency, or the designated agent of the individual in charge of the institution, school, facility, or agency.
(b) An individual notified under subsection (a) shall report or cause a report to be made.
Sec. 5. (a) A person who knowingly fails to make a report required by section 3 of this chapter commits a Class B misdemeanor.
(b) A person who knowingly fails to make a report required by section 4 of this chapter commits a Class B misdemeanor. This penalty is in addition to the penalty imposed by subsection (a).
IC 31-11-11-1 (Concerning marriage).
IC 31-11-11-2 (Concerning marriage).
IC 31-11-11-3 (Concerning marriage).
IC 31-11-11-4 (Concerning marriage).
IC 31-11-11-6 (Concerning marriage).
IC 31-11-11-7 (Concerning marriage).
IC 31-19-5-24 (Concerning adoption).
IC 31-19-5-25 (Concerning adoption).
IC 31-19-18-7 (Concerning adoption).
IC 31-19-19-5 (Concerning adoption).
IC 31-19-24-15 (Concerning adoption).
IC 31-19-29-5 (Concerning adoption).
IC 31-27-3-35 (Concerning regulation of residential child care).
IC 31-27-4-36 (Concerning regulation of residential child care).
IC 31-27-5-35 (Concerning regulation of residential child care).
IC 31-27-6-32 (Concerning regulation of residential child care).
IC 31-33-22-2 (Concerning reporting and investigation of child abuse and neglect).
IC 31-33-22-3 (Concerning reporting and investigation of child abuse and neglect).
IC 31-33-22-4 (Concerning reporting and investigation of child abuse and neglect).
IC 31-34-2.3-7 (Concerning children in need of services).
IC 31-34-2.3-8 (Concerning children in need of services).
