Indiana § 31-33-5-2 Report; exception for delegation of duty to report; notification of
individual in charge

Indiana Statutes

§ 31-33-5-2 — Report; exception for delegation of duty to report; notification of individual in charge

Indiana·Art. 33 JUVENILE LAW: REPORTING AND·Ch. 5 Duty to Report Child Abuse or Neglect

(a)If an individual is required to make a report under this article in the individual's capacity as a member of the staff of a public or private institution, school, facility, organization, or agency, the individual shall immediately make a report to:

(1)the department; or

(2)the appropriate law enforcement agency. The individual does not have discretion to decide not to report known or suspected child abuse or neglect, unless a report has already been made and documented by the individual in charge under subsection (d).

(b)An individual required to make a report of known or suspected child abuse or neglect may not delegate the duty to make the report to another individual, unless:

(1)the individual to whom the duty is being delegated is part of the child's care team and has personall

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(a) If an individual is required to make a report
under this article in the individual's capacity as a member of the staff
of a public or private institution, school, facility, organization, or
agency, the individual shall immediately make a report to:
(1) the department; or
(2) the appropriate law enforcement agency.
The individual does not have discretion to decide not to report known
or suspected child abuse or neglect, unless a report has already been
made and documented by the individual in charge under subsection (d).
(b) An individual required to make a report of known or suspected
child abuse or neglect may not delegate the duty to make the report to
another individual, unless:
(1) the individual to whom the duty is being delegated is part of
the child's care team and has personally been involved in the
child's care; and
(2) the notification of suspected child abuse or neglect made to
the individual described in subdivision (1) is in writing.
(c) The individual described in subsection (b)(1) shall immediately
report the suspected child abuse or neglect to the appropriate law
enforcement agency or the department. As soon as possible after
making the report to law enforcement or the department, the individual
described in subsection (b)(1) shall do the following:
(1) Record in writing that they were notified of suspected child
abuse or neglect, including the identity of the person who notified
them, the date and time that they received the notification, and the
date and time that they reported the suspected child abuse or
neglect to law enforcement or the department of child services.
(2) Place or cause to be placed in the child's medical file:
(A) the details included in the report to law enforcement or the
department of child services, including the date and time;
(B) the condition of the child at the time the report was made,
if known; and
(C) any other relevant and necessary information.
(d) After making the report, the individual required to make the
report and the individual described in subsection (b)(1) shall notify the
individual in charge of the institution, school, facility, organization, or
agency or the designated agent of the individual in charge of the
institution, school, facility, organization, or agency that the report was
made.
[Pre-1997 Recodification Citation: 31-6-11-3(b)
part.]

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