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

(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.
(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.]

Legislative History

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.