Ind. Code ch. 31-33-8

in effect

Ind. Code § 31-33-8-1 Investigations by the department of child services; time of initiation; investigations of child care ministries

Sec. 1. (a) The department shall initiate an appropriately thorough child protection assessment of every report of known or suspected child abuse or neglect the department receives, whether in accordance with this article or otherwise, unless the report is screened out and referred to a law enforcement agency. (b) If a report of known or suspected child abuse or neglect is received from a judge or prosecutor requesting the department to initiate a child protection assessment, the department shall initiate an assessment in accordance with this section. (c) If a report of known or suspected child abuse or neglect is received from: (1) medical personnel; (2) school personnel; (3) a social worker; (4) law enforcement officials or personnel; (5) judiciary personnel; or (6) prosecuting attorney personnel; the department shall forward the report to the local office to determine if the department will initiate an assessment in accordance with this section. (d) If the department believes that a child is in imminent danger of serious bodily harm, the department shall initiate an onsite assessment immediately, but not later than two (2) hours, after receiving the report. (e) If the report alleges a child may be a victim of child abuse, the assessment shall be initiated immediately, but not later than twenty-four (24) hours after receipt of the report. (f) If reports of child neglect are received, the assessment shall be initiated within a reasonably prompt time, but not later than five (5) days, with the primary consideration being the well-being of the child who is the subject of the report. (g) If the report alleges that a child lives with a parent, guardian, or custodian who is married to or lives with a person who: (1) has been convicted of: (A) neglect of a dependent under IC 35-46-1-4; or (B) a battery offense under IC 35-42-4; or (2) is required to register as a sex or violent offender under IC 11-8-8; the department shall initiate an assessment within a reasonably prompt time, but not later than five (5) days after the department receives the report, with the primary consideration being the well-being of the child who is the subject of the report. (h) If the safety or well-being of a child appears to be endangered or the facts otherwise warrant, the assessment shall be initiated regardless of the time of day. (i) If a report alleges abuse or neglect and involves a child care ministry that is exempt from licensure under IC 12-17.2-6, the department and the appropriate law enforcement agency shall jointly conduct an investigation. The investigation shall be conducted under the requirements of this section and section 2(b) of this chapter. [Pre-1997 Recodification Citation: 31-6-11-11(d) part.] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.117; P.L.124-2007, SEC.10; P.L.131-2009, SEC.43; P.L.205-2013, SEC.339; P.L.198-2019, SEC.7; P.L.84-2026, SEC.8.

Ind. Code § 31-33-8-2 Investigations by law enforcement agencies

Sec. 2. (a) Upon the receipt of each report under this chapter of known or suspected child abuse, the department shall contact the law enforcement agency in the appropriate jurisdiction. (b) The law enforcement agency, with the department, shall conduct an immediate onsite investigation of the report if the law enforcement agency has reason to believe that an offense has been committed. The law enforcement agency shall investigate the alleged child abuse or neglect under this chapter in the same manner that the law enforcement agency conducts any other criminal investigation. [Pre-1997 Recodification Citation: 31-6-11-11(d) part.] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.118.

Ind. Code § 31-33-8-3 Photographs and x-rays

Sec. 3. (a) Except as provided in subsection (b), the department shall: (1) cause color photographs to be taken of the areas of trauma visible on a child who is subject to a report; and (2) if medically indicated, cause a radiological examination of the child to be performed. (b) If the law enforcement agency participates in the assessment, the law enforcement agency shall cause the color photographs to be taken as provided by this section. (c) The department shall reimburse the expenses of the photographs and x-rays. [Pre-1997 Recodification Citation: 31-6-11-11(e).] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.119; P.L.131-2009, SEC.44.

Ind. Code § 31-33-8-4 Notice to prosecuting attorney of reports involving child's death

Sec. 4. The law enforcement agency shall: (1) give telephone notice; and (2) immediately forward a copy; of reports made under this article that involve the death of a child to the appropriate prosecuting attorney. [Pre-1997 Recodification Citation: 31-6-11-11(f) part.] As added by P.L.1-1997, SEC.16.

Ind. Code § 31-33-8-5 Forwarding copies of reports to prosecuting attorney

Sec. 5. The department shall immediately forward a copy of all reports made under this article to the appropriate prosecuting attorney if the prosecuting attorney has made a prior request to the service in writing for the copies. [Pre-1997 Recodification Citation: 31-6-11-11(f) part.] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.120.

Ind. Code § 31-33-8-6 Investigatory duties of department of child services; purpose

Sec. 6. The department shall promptly make a thorough assessment upon either the oral or written report. The primary purpose of the assessment is the protection of the child. [Pre-1997 Recodification Citation: 31-6-11-11(g).] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.121; P.L.131-2009, SEC.45.

Ind. Code § 31-33-8-7 Scope of assessment by department of child services; order for access to home, school, or other place, or for mental or physical examinations; petition to interview child; order; requirements

Sec. 7. (a) The department's assessment, to the extent that is reasonably possible, must include the following: (1) The nature, extent, and cause of the known or suspected child abuse or neglect. (2) The identity of the person allegedly responsible for the child abuse or neglect. (3) The names and conditions of other children in the home. (4) An evaluation of the parent, guardian, custodian, or person responsible for the care of the child. (5) The home environment and the relationship of the child to the parent, guardian, or custodian or other persons responsible for the child's care. (6) All other data considered pertinent. (b) The assessment may include the following: (1) A visit to the child's home. (2) An interview with the subject child: (A) upon receiving parental consent; (B) upon receiving a court order; or (C) if there are exigent circumstances as defined in IC 31-9-2.1-92. (3) A physical, psychological, or psychiatric examination of any child in the home. (c) If: (1) admission to the home, the school, or any other place that the child may be; or (2) permission of the parent, guardian, custodian, or other persons responsible for the child for the physical, psychological, or psychiatric examination; under subsection (b) cannot be obtained, the juvenile court, upon good cause shown, shall follow the procedures under IC 31-32-12. (d) If a custodial parent, a guardian, or a custodian of a child refuses to allow the department to interview the child after the caseworker has attempted to obtain the consent of the custodial parent, guardian, or custodian to interview the child, the department may petition a court to order the custodial parent, guardian, or custodian to make the child available to be interviewed by the caseworker. (e) If the court finds that: (1) a custodial parent, a guardian, or a custodian has been informed of the hearing on a petition described under subsection (d); and (2) the department has made reasonable and unsuccessful efforts to obtain the consent of the custodial parent, guardian, or custodian to interview the child; the court shall specify in the order the efforts the department made to obtain the consent of the custodial parent, guardian, or custodian and may grant the motion to interview the child, either with or without the custodial parent, guardian, or custodian being present. (f) If the department requests to interview a child at the child's school, the school, except a nonaccredited nonpublic school that has less than one (1) employee, shall grant access to the department to interview the child alone, if the department employee presents: (1) their department issued credential, or other proof of employment with the department, for inspection upon arrival at the school; and (2) a written statement that the department "has parental consent or a court order, or exigent circumstances exist as defined in IC 31-9-2.1-92 to interview [insert child's name]". The written statement under this subdivision shall not disclose any of the facts of the allegations or evidence and may be transmitted to the school electronically. (g) If the department provides a written statement under subsection (f)(2), the school shall: (1) not maintain the written statement in the child's file; and (2) protect the child and the child's family's confidentiality regarding the written statement and the interview. (h) If a parent, guardian, or custodian of a child who is the subject of a substantiated investigation of abuse or neglect is an active duty member of the military, the department shall notify the United States Department of Defense Family Advocacy Program of the assessment concerning the child of the active duty member of the military upon request. [Pre-1997 Recodification Citation: 31-6-11-11(h).] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.122; P.L.131-2009, SEC.46; P.L.162-2011, SEC.45; P.L.81-2016, SEC.2; P.L.183-2017, SEC.37; P.L.213-2021, SEC.2; P.L.78-2026, SEC.9; P.L.145-2026, SEC.197.

Ind. Code § 31-33-8-7.5 Reporting of observed or suspected animal cruelty, abandonment, or neglect

Sec. 7.5. (a) If, during the assessment, a caseworker observes, or has reason to believe, that an animal is a victim of animal cruelty, abandonment, or neglect, the caseworker may make a report of the observed or suspected animal cruelty, abandonment, or neglect to: (1) the local law enforcement agency; or (2) the local animal control officer. (b) The information provided in a report under subsection (a) must include the following: (1) A name and description of the animal and the animal's condition. (2) The name and contact number, if known, of the owner or custodian of the animal. (3) The address or location of the observed or suspected animal cruelty, abandonment, or neglect. (4) The nature and apparent extent of the observed or suspected animal cruelty, abandonment, or neglect. (c) This section does not impose a duty or obligation on the caseworker to investigate known or suspected animal cruelty, abandonment, or neglect. (d) A caseworker who makes a report of an animal that may be a victim of animal cruelty, abandonment, or neglect is immune from any civil or criminal liability unless the caseworker made the report as a result of gross negligence or willful and wanton misconduct. (e) The identity of any caseworker who makes a report under this section is confidential. (f) This section does not expand or limit other laws concerning confidentiality requirements. As added by P.L.106-2018, SEC.4.

Ind. Code § 31-33-8-8 Order for child's immediate removal; preparation of investigative report

Sec. 8. (a) If, before the assessment is complete, the opinion of the law enforcement agency or the department is that immediate removal is necessary to protect the child from further abuse or neglect, the juvenile court may issue an order under IC 31-32-13. (b) The department shall make a complete written report of the assessment. (c) If a law enforcement agency participates in the assessment, the law enforcement agency shall also make a complete written report of the assessment. [Pre-1997 Recodification Citation: 31-6-11-11(i).] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.123; P.L.131-2009, SEC.47.

Ind. Code § 31-33-8-9 Provision of copies of investigative report by department of child services

Sec. 9. (a) The department's report under section 8 of this chapter shall be made available to: (1) the appropriate court; (2) the prosecuting attorney; (3) the appropriate law enforcement agency; or (4) the United States Department of Defense Family Advocacy Program, if a parent, guardian, or custodian of a child who is the subject of a substantiated investigation of abuse or neglect is an active duty member of the military; upon request. (b) If child abuse or neglect is substantiated after an assessment is conducted under section 7 of this chapter, the department shall forward its report to the office of the prosecuting attorney having jurisdiction in the county in which the alleged child abuse or neglect occurred. (c) If the assessment substantiates a finding of child abuse or neglect as determined by the department, a report shall be sent to the coordinator of the community child protection team under IC 31-33-3. [Pre-1997 Recodification Citation: 31-6-11-11(j).] As added by P.L.1-1997, SEC.16. Amended by P.L.35-1998, SEC.4; P.L.234-2005, SEC.124; P.L.131-2009, SEC.48; P.L.81-2016, SEC.3.

Ind. Code § 31-33-8-10 Provision of information and copies of investigative report by law enforcement agency

Sec. 10. If the law enforcement agency participates in the child abuse or neglect assessment, the law enforcement agency shall forward all information, including copies of an assessment report under section 7 of this chapter, on an incident in which a child may be a victim of alleged child abuse or neglect, whether obtained under this article or not, to the office of the prosecuting attorney. [Pre-1997 Recodification Citation: 31-6-11-11(k).] As added by P.L.1-1997, SEC.16. Amended by P.L.131-2009, SEC.49.

Ind. Code § 31-33-8-11 Law enforcement agency's duty to release information to department of child services

Sec. 11. In all cases, the law enforcement agency shall release information on an incident in which a child may be a victim of alleged child abuse or neglect, whether obtained under this article or not, to the department. [Pre-1997 Recodification Citation: 31-6-11-11(l).] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.125.

Ind. Code § 31-33-8-12 Classifying reports as substantiated or unsubstantiated

Sec. 12. Upon completion of an assessment, the department shall classify reports as substantiated or unsubstantiated. [Pre-1997 Recodification Citation: 31-6-11-11(m).] As added by P.L.1-1997, SEC.16. Amended by P.L.70-2004, SEC.13; P.L.234-2005, SEC.126; P.L.131-2009, SEC.50.

Ind. Code § 31-33-8-13 Court findings to be entered in the child protection index

Sec. 13. Whenever a court finds that a child is a child in need of services on the basis of a child abuse or neglect report classified as substantiated under section 12 of this chapter, the department shall enter into the child protection index established under IC 31-33-26-2 identifiable information concerning the court's judgment. [Pre-1997 Recodification Citation: 31-6-11-11(n).] As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.127; P.L.138-2007, SEC.65.

Ind. Code § 31-33-8-14 Repealed

[Pre-1997 Recodification Citation: 31-6-11-11(o).] As added by P.L.1-1997, SEC.16. Repealed by P.L.138-2007, SEC.93.

Ind. Code § 31-33-8-15 Provision of information by department of child services; no obligation or liability for providing information

Sec. 15. (a) If the department classifies an assessment as unsubstantiated, the department may provide information about community service programs that provide respite care, voluntary guardianship, or other support services for families in crisis to the parent or guardian of the child who is the subject of the assessment. (b) If the department provides information to a parent or guardian under subsection (a), the department may not initiate an investigation or assessment or substantiate an assessment of child abuse or neglect based solely on the provision of the information. (c) If the department classifies an assessment as substantiated, the department may refer the parent or guardian to a community service program that provides respite care, voluntary guardianship, or other support services for families in crisis as appropriate to meet the needs of the family. (d) The provision of information by the department under subsection (a) does not result in, or may not be considered to result in, any obligation on the part of the department. (e) The department is not liable for any action arising out of having furnished the information in the manner required under subsection (a), including any delegation of powers executed under IC 29-3-9-1. As added by P.L.74-2016, SEC.2.

Ind. Code § 31-33-8-16 Voluntary service referral agreements

Sec. 16. After an investigation by the department that a child is a child in need of services, but before petitioning the juvenile court for a dispositional decree or implementing a program of informal adjustment, the department may enter into a voluntary service referral agreement with the child's parent, guardian, or custodian. Under the terms of the agreement, the parent, guardian, or custodian shall successfully participate in and complete any family or rehabilitative services recommended by the department. If a person who enters into an agreement under this subsection fails to substantially carry out the terms of the agreement the department shall terminate the agreement. The department shall provide notice to the juvenile court of any voluntary service referral agreement entered into under this subsection. As added by P.L.108-2019, SEC.239.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026