§ 31-25-2-14.5 — Child advocacy centers; duties; confidentiality; civil immunity

Indiana § 31-25-2-14.5

• Jurisdiction: Indiana
• Art. 25: CHILD SERVICES: ADMINISTRATION
• Ch. 2: General Duties of the Department of Child Services

Text

5. (a) The department may use a child
advocacy center to coordinate a multidisciplinary team for responding
to, and through the conclusion of, reports involving child abuse or
neglect.
(b) A child advocacy center shall do the following:
(1) Coordinate a multidisciplinary team that consists of a
representative from or described by each of the following:
(A) The child advocacy center.
(B) Law enforcement.
(C) The department.
(D) The prosecuting attorney's office.
(E) A medical provider.
(F) A mental health provider.
(G) A victim advocate.
Multidisciplinary team members may fill more than one (1) role,
within the scope of the team member's practice, as needed.
(2) Offer cultural competency and diversity training to the
multidisciplinary team members.
(3) Provide a dedicated child-focused setting designed to provide
a safe, comfortable, and neutral place for a forensic interview and
other child advocacy center services.
(4) Use written protocols signed by each member of the
multidisciplinary team.
(5) Use a case tracking system to provide information on essential
demographic and case information.
(6) Verify that multidisciplinary team members who are
responsible for providing:
(A) medical evaluations have specific training in child abuse or
child sexual abuse examinations; and
(B) mental health services are trained in and deliver
trauma-focused, evidence-supported mental health treatments.
(c) Except as provided in subsection (d), the files, reports, records,
communications, and working papers used or developed in providing
services through a child advocacy center are confidential and are not
public records.
(d) A multidisciplinary team member may share with other
multidisciplinary team members any information or records concerning
the child, the child's family, or the person who is the subject of the
investigation of suspected child abuse or neglect for the purpose of:
(1) facilitating a forensic interview;
(2) facilitating a case discussion or case review; or
(3) providing services to the child or the child's caregivers.
The information shared under this subsection remains confidential.
(e) Except as provided in subsection (f), a:
(1) member of a child advocacy center's board of directors; or
(2) volunteer or employee of a child advocacy center;
is immune from civil liability for acts or omissions related to the
individual's participation in the multidisciplinary team response
described in subsection (a).
(f) An individual is not immune from civil liability under subsection
(e) if the:
(1) act or omission amounts to:
(A) gross negligence; or
(B) willful or wanton misconduct; or
(2) individual has been charged with or suspected of abusing or
neglecting the child who is the subject of the investigation or
services provided.

Legislative History

As added by P.L.54-2024, SEC.3.