Sec. 2. (a) Notwithstanding IC 31-33-18, the department shall promptly provide information to the public regarding a case of child abuse or neglect that has resulted in a child fatality or near fatality.
(b) Subject to subsection (d), and to the extent permitted by federal law, the department shall provide preliminary information as follows:
(1) In the case of a child fatality, the department's disclosure must include the following:
(A) The deceased child's name, age, and gender.
(B) The county or general location of the residence for the child who died.
(C) The fact that a child suffered a fatality as the result of abuse or neglect.
(D) Following an arrest for the child fatality, the public arrest information and court records for the alleged perpetrator, unless the disclosure would violate the privacy of a victim.
(E) Whether there have been reports or any current or past cases of abuse or neglect involving the child or the alleged perpetrator, including any reports or cases of abuse or neglect involving the child or the alleged perpetrator that were screened out.
(F) Any action taken by the department in response to the fatality, including any:
(i) change to policy or practice; or
(ii) recommendation for a change in policy, practice, or law.
(G) A detailed synopsis of earlier reports or cases of child abuse or neglect involving the child or the alleged perpetrator and of the actions taken or determinations made by the department in response to the earlier reports or cases.
(H) The name of the judge who presided over any detention hearing concerning the child under IC 31-34-5 that occurred before the child fatality if the result of the detention hearing was an order to release the child to the child's parent, guardian, or custodian.
(I) Whether the child was the subject of one (1) or more child in need of services proceedings at the time the child fatality occurred or before the child fatality occurred.
(2) In the case of a child's near fatality, the department's disclosure must include the following:
(A) The child's age and gender.
(B) The county or general location of the residence for the child who suffered a near fatality.
(C) The fact that a child suffered a near fatality as the result of abuse or neglect.
(D) Following an arrest for the near fatality, the public arrest information and court records for the alleged perpetrator, unless the disclosure would violate the privacy of a victim.
(E) Whether there have been reports or any current or past cases of abuse or neglect involving the child or the alleged perpetrator, including any reports or cases of abuse or neglect involving the child or the alleged perpetrator that were screened out.
(F) Any action taken by the department in response to the near fatality including any:
(i) change to policy or practice; or
(ii) recommendation for a change in policy, practice, or law.
(G) A detailed synopsis of earlier reports or cases of abuse or neglect involving the alleged perpetrator and of the actions taken or determinations made by the department in response to the earlier reports or cases. However, a synopsis under this clause must be redacted in a manner that protects the privacy of the child.
(H) The name of the judge who presided over any detention hearing concerning the child under IC 31-34-5 that occurred before the near fatality if the result of the detention hearing was an order to release the child to the child's parent, guardian, or custodian.
(c) Subject to subsection (d), if additional information is requested by a person under this chapter:
(1) before releasing additional information, the department shall notify the prosecuting attorney;
(2) the prosecuting attorney shall promptly notify the department if the prosecuting attorney believes the release would cause a specific, material harm to a criminal investigation or prosecution; and
(3) after consulting with the prosecuting attorney, the department shall produce to the requestor as much additional information as possible about a case of child abuse or neglect under this chapter.
(d) The department must take precautions to protect the identity of:
(1) a person who reports child abuse or neglect; and
(2) any potential child abuse or neglect victim of an alleged perpetrator.
As added by P.L.84-2026, SEC.14.
