§ 31-33-6-1 — Immunity from civil or criminal liability

Indiana § 31-33-6-1

• Jurisdiction: Indiana
• Art. 33: JUVENILE LAW: REPORTING AND
• Ch. 6: Immunity of Persons Who Report Child Abuse or

Text

(a) Except as provided in subsection (b) and
section 2 of this chapter, a person, other than a person accused of child
abuse or neglect, who:
(1) makes or causes to be made a report of a child who may be a
victim of child abuse or neglect;
(2) is a health care provider and detains a child for purposes of
causing photographs, x-rays, or a medical examination to be made
under IC 31-33-10;
(3) makes any other report of a child who may be a victim of child
abuse or neglect;
(4) participates in or assists with an investigation by the
department or a law enforcement agency resulting from a report
that a child may be a victim of child abuse or neglect, including
by transferring photographs, x-rays, or medical examination
records completed under subdivision (2);
(5) is a health care provider and provides professional
intervention resulting from a report that a child may be a victim
of child abuse or neglect, including:
(A) providing care or treatment to the child;
(B) participating in a case review concerning the child;
(C) providing advice or consultation concerning the child;
(D) disclosing medical records and other health information
concerning the child, in accordance with federal or state law
governing the disclosure of medical records;
(E) providing information to a child fatality review team; or
(F) recommending judicial action concerning a child; or
(6) participates, including testifying as a witness, in any judicial
proceeding or other proceeding:
(A) resulting from a report that a child may be a victim of child
abuse or neglect; or
(B) relating to the subject matter of the report;
is immune from any civil or criminal liability that might otherwise be
imposed because of such actions, even if the reported child abuse or
neglect is classified by the department as unsubstantiated.
(b) Subsection (a) does not apply to an action brought against a
qualified health care provider for medical malpractice under IC 34-18-8.
[Pre-1997 Recodification Citation: 31-6-11-7 part.]

Legislative History

As added by P.L.1-1997, SEC.16. Amended by P.L.106-2018, SEC.2.