Immunity for Persons Who Report Child Abuse and Neglect - Indiana

Date: January 2023

Immunity for Making Reports

Citation: Ann. Code §§ 31-33-6-1; 31-33-6-3

A person is immune from any civil or criminal liability that might otherwise be imposed, even if the reported child abuse or neglect is classified by the Department of Child Services as unsubstantiated, when that person does either of the following:

  • Makes or causes to be made a report of a child who may be a victim of child abuse or neglect
  • Makes any other report of a child who may be a victim of child abuse or neglect

A person who makes a report that a child may be a victim of child abuse or neglect or assists in any requirement of the reporting laws is presumed to have acted in good faith.

Additional Provisions of Immunity

Citation: Ann. Code § 31-33-6-1

A person is immune from any civil or criminal liability that might otherwise be imposed, even if the reported child abuse or neglect is classified by the department as unsubstantiated, when that person does any of the following:

  • Is a health-care provider and detains a child for purposes of causing photographs, x-rays, or a medical examination to be made
  • Participates in or assists with an investigation by the department or a law enforcement agency resulting from a report that a child may be a victim of child abuse or neglect, including by transferring photographs, x-rays, or medical examination records
  • Is a health-care provider and provides professional intervention resulting from a report that a child may be a victim of child abuse or neglect, including the following:
    • Providing care or treatment to the child
    • Participating in a case review concerning the child
    • Providing advice or consultation concerning the child
    • Disclosing medical records and other health information concerning the child, in accordance with Federal or State law governing the disclosure of medical records
    • Providing information to a child fatality review team
    • Recommending judicial action concerning a child
  • Participates, including testifying as a witness, in any judicial proceeding or other proceeding resulting from a report that a child may be a victim of child abuse or neglect or relating to the subject matter of the report

Limitations to Immunity

Citation: Ann. Code §§ 31-33-6-1; 31-33-6-2

Section § 31-33-6-1 above does not apply to a person accused of child abuse or neglect or an action brought against a qualified health-care provider for medical malpractice.

Immunity does not attach for a person who has acted with gross negligence or willful or wanton misconduct.

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