Mandatory Reporting of Child Abuse and Neglect - Indiana

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. 

Training Requirements for Mandatory Reporters

Training for mandatory reporters is not addressed in the laws and policies reviewed.

The Department of Child Services offers information on its website.

Reporting by Other Persons
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 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 in their capacity as a member of the staff of a licensed hospital, they  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 their own behalf unless a report has already been made to the best of their 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.

Standards for Making a 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.

 Privileged Communications
Citation: Ann. Code § 31-32-11-1

Privileged communications between any of the following shall not be grounds for failing to report: 

• Spouses
• 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

Inclusion of the Reporter's Name in the 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 the Reporter's 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.