Penalties for Failure to Report and False Reporting of Child Abuse and Neglect - Indiana

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Failure to Report

Citation: Ann. Code § 31-33-22-1

A person who knowingly fails to make a report required by § 31-33-5-1 commits a class B misdemeanor.

A person who, in his or her capacity as a staff member of a medical or other institution, school, facility, or agency is required to make a report to the individual in charge of the institution, school, facility, or agency, or his or her designated agent, as required by § 31-33-5-2 or 31-33-5-2.5, and who knowingly fails to make a report commits a class B misdemeanor. This penalty is imposed in addition to the penalty imposed above.

False Reporting

Citation: Ann. Code § 31-33-22-3(a)-(b)

A person who intentionally communicates to a law enforcement agency or the Department of Child Services a knowingly false report of child abuse or neglect commits a class A misdemeanor. The offense is a level 6 felony if the person has a previous unrelated conviction for making a knowingly false report of child abuse or neglect.

A person who intentionally communicates to a law enforcement agency or 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.