§ 31-33-22-3 — False reports; criminal and civil liability; notification of prosecuting attorney

Indiana § 31-33-22-3

• Jurisdiction: Indiana
• Art. 33: JUVENILE LAW: REPORTING AND
• Ch. 22: Offenses; Access to Unsubstantiated False Reports

Text

(a) A person who intentionally communicates
to:
(1) a law enforcement agency; or
(2) the department;
a report of child abuse or neglect knowing the report to be false
commits a Class A misdemeanor. However, the offense is a Level 6
felony if the person has a previous unrelated conviction for making a
report of child abuse or neglect knowing the report to be false.
(b) A person who intentionally communicates to:
(1) a law enforcement agency; or
(2) 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.
(c) The director or the director's designee shall, after review by the
department's attorney, notify the prosecuting attorney whenever the
director or the director's designee and the department's attorney have
reason to believe that a person has violated this section.
(d) A person who:
(1) has reason to believe that the person is a victim of a false
report of child abuse or neglect under this section; and
(2) is not named in a pending criminal charge or under assessment
relating to the report;
may file a complaint with the prosecuting attorney. The prosecuting
attorney shall review the relevant child abuse or neglect records of the
department and any other relevant evidence.
[Pre-1997 Recodification Citation: 31-6-11-24.]

Legislative History

As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.166; P.L.131-2009, SEC.55; P.L.158-2013, SEC.318.