CHAPTER 18. DISCLOSURE OF REPORTS; CONFIDENTIALITY REQUIREMENTS
IC 31-33-18
Chapter 18. Disclosure of Reports; Confidentiality Requirements
IC 31-33-18-1
Confidentiality; exceptions
Sec. 1. (a) Except as provided in section 1.5 of this chapter, thefollowing are confidential:
(1) Reports made under this article (or IC 31-6-11 before itsrepeal).
(2) Any other information obtained, reports written, orphotographs taken concerning the reports in the possession of:
(A) the division of family resources;
(B) the county office;
(C) the department; or
(D) the department of child services ombudsman establishedby IC 4-13-19-3.
(b) Except as provided in section 1.5 of this chapter, all recordsheld by:
(1) the division of family resources;
(2) a county office;
(3) the department;
(4) a local child fatality review team established underIC 31-33-24;
(5) the statewide child fatality review committee establishedunder IC 31-33-25; or
(6) the department of child services ombudsman established byIC 4-13-19-3;
regarding the death of a child determined to be a result of abuse,abandonment, or neglect are confidential and may not be disclosed.
As added by P.L.1-1997, SEC.16. Amended by P.L.70-2004, SEC.14;P.L.234-2005, SEC.153; P.L.145-2006, SEC.283; P.L.182-2009(ss),SEC.378.
IC 31-33-18-1.5
Certain records held by governmental entities not confidential ifredacted; procedure for redacting records
Sec. 1.5. (a) This section applies to records held by:
(1) the division of family resources;
(2) a county office;
(3) the department;
(4) a local child fatality review team established underIC 31-33-24;
(5) the statewide child fatality review committee establishedunder IC 31-33-25; or
(6) the department of child services ombudsman established byIC 4-13-19-3;
regarding a child whose death or near fatality may have been theresult of abuse, abandonment, or neglect.
(b) For purposes of subsection (a), a child's death or near fatalitymay have been the result of abuse, abandonment, or neglect if: (1) an entity described in subsection (a) determines that thechild's death or near fatality is the result of abuse, abandonment,or neglect; or
(2) a prosecuting attorney files:
(A) an indictment or information; or
(B) a complaint alleging the commission of a delinquent act;
that, if proven, would cause a reasonable person to believe thatthe child's death or near fatality may have been the result ofabuse, abandonment, or neglect.
Upon the request of any person, or upon its own motion, the courtexercising juvenile jurisdiction in the county in which the child'sdeath or near fatality occurred shall determine whether theallegations contained in the indictment, information, or complaintdescribed in subdivision (2), if proven, would cause a reasonableperson to believe that the child's death or near fatality may have beenthe result of abuse, abandonment, or neglect.
(c) As used in this section:
(1) "identifying information" means information that identifiesan individual, including an individual's:
(A) name, address, date of birth, occupation, place ofemployment, and telephone number;
(B) employer identification number, mother's maiden name,Social Security number, or any identification number issuedby a governmental entity;
(C) unique biometric data, including the individual'sfingerprint, voice print, or retina or iris image;
(D) unique electronic identification number, address, orrouting code;
(E) telecommunication identifying information; or
(F) telecommunication access device, including a card, aplate, a code, an account number, a personal identificationnumber, an electronic serial number, a mobile identificationnumber, or another telecommunications service or device ormeans of account access; and
(2) "near fatality" has the meaning set forth in 42 U.S.C. 5106a.
(d) Unless information in a record is otherwise confidential understate or federal law, a record described in subsection (a) that has beenredacted in accordance with this section is not confidential and maybe disclosed to any person who requests the record. The personrequesting the record may be required to pay the reasonable expensesof copying the record.
(e) When a person requests a record described in subsection (a),the entity having control of the record shall immediately transmit acopy of the record to the court exercising juvenile jurisdiction in thecounty in which the death or near fatality of the child occurred.However, if the court requests that the entity having control of arecord transmit the original record, the entity shall transmit theoriginal record.
(f) Upon receipt of the record described in subsection (a), thecourt shall, within thirty (30) days, redact the record to exclude: (1) identifying information described in subsection (c)(1)(B)through (c)(1)(F) of a person; and
(2) all identifying information of a child less than eighteen (18)years of age.
(g) The court shall disclose the record redacted in accordance withsubsection (f) to any person who requests the record, if the personhas paid:
(1) to the entity having control of the record, the reasonableexpenses of copying under IC 5-14-3-8; and
(2) to the court, the reasonable expenses of copying the record.
(h) The data and information in a record disclosed under thissection must include the following:
(1) A summary of the report of abuse or neglect and a factualdescription of the contents of the report.
(2) The date of birth and gender of the child.
(3) The cause of the fatality or near fatality, if the cause hasbeen determined.
(4) Whether the department or the office of the secretary offamily and social services had any contact with the child or amember of the child's family or household before the fatality ornear fatality, and, if the department or the office of the secretaryof family and social services had contact, the following:
(A) The frequency of the contact or communication with thechild or a member of the child's family or household beforethe fatality or near fatality and the date on which the lastcontact or communication occurred before the fatality ornear fatality.
(B) A summary of the status of the child's case at the time ofthe fatality or near fatality, including:
(i) whether the child's case was closed by the departmentor the office of the secretary of family and social servicesbefore the fatality or near fatality; and
(ii) if the child's case was closed as described under item(i), the reasons that the case was closed.
(i) The court's determination under subsection (f) that certainidentifying information or other information is not relevant toestablishing the facts and circumstances leading to the death or nearfatality of a child is not admissible in a criminal proceeding or civilaction.
As added by P.L.70-2004, SEC.15. Amended by P.L.234-2005,SEC.154; P.L.145-2006, SEC.284; P.L.131-2009, SEC.52;P.L.182-2009(ss), SEC.379.
IC 31-33-18-2
Disclosure of unredacted material to certain persons
Sec. 2. The reports and other material described in section 1(a) ofthis chapter and the unredacted reports and other material describedin section 1(b) of this chapter shall be made available only to thefollowing:
(1) Persons authorized by this article. (2) A legally mandated public or private child protective agencyinvestigating a report of child abuse or neglect or treating achild or family that is the subject of a report or record.
(3) A police or other law enforcement agency, prosecutingattorney, or coroner in the case of the death of a child who isinvestigating a report of a child who may be a victim of childabuse or neglect.
(4) A physician who has before the physician a child whom thephysician reasonably suspects may be a victim of child abuse orneglect.
(5) An individual legally authorized to place a child inprotective custody if:
(A) the individual has before the individual a child whom theindividual reasonably suspects may be a victim of abuse orneglect; and
(B) the individual requires the information in the report orrecord to determine whether to place the child in protectivecustody.
(6) An agency having the legal responsibility or authorizationto care for, treat, or supervise a child who is the subject of areport or record or a parent, guardian, custodian, or other personwho is responsible for the child's welfare.
(7) An individual named in the report or record who is allegedto be abused or neglected or, if the individual named in thereport is a child or is otherwise incompetent, the individual'sguardian ad litem or the individual's court appointed specialadvocate, or both.
(8) Each parent, guardian, custodian, or other personresponsible for the welfare of a child named in a report orrecord and an attorney of the person described under thissubdivision, with protection for the identity of reporters andother appropriate individuals.
(9) A court, for redaction of the record in accordance withsection 1.5 of this chapter, or upon the court's finding thataccess to the records may be necessary for determination of anissue before the court. However, except for disclosure of aredacted record in accordance with section 1.5 of this chapter,access is limited to in camera inspection unless the courtdetermines that public disclosure of the information containedin the records is necessary for the resolution of an issue thenpending before the court.
(10) A grand jury upon the grand jury's determination thataccess to the records is necessary in the conduct of the grandjury's official business.
(11) An appropriate state or local official responsible for childprotection services or legislation carrying out the official'sofficial functions.
(12) A foster care review board established by a juvenile courtunder IC 31-34-21-9 (or IC 31-6-4-19 before its repeal) uponthe court's determination that access to the records is necessary
to enable the foster care review board to carry out the board'spurpose under IC 31-34-21.
(13) The community child protection team appointed underIC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request,to enable the team to carry out the team's purpose underIC 31-33-3.
(14) A person about whom a report has been made, withprotection for the identity of:
(A) any person reporting known or suspected child abuse orneglect; and
(B) any other person if the person or agency making theinformation available finds that disclosure of the informationwould be likely to endanger the life or safety of the person.
(15) An employee of the department, a caseworker, or ajuvenile probation officer conducting a criminal history checkunder IC 31-26-5, IC 31-34, or IC 31-37 to determine theappropriateness of an out-of-home placement for a:
(A) child at imminent risk of placement;
(B) child in need of services; or
(C) delinquent child.
The results of a criminal history check conducted under thissubdivision must be disclosed to a court determining theplacement of a child described in clauses (A) through (C).
(16) A local child fatality review team established underIC 31-33-24-6.
(17) The statewide child fatality review committee establishedby IC 31-33-25-6.
(18) The department.
(19) The division of family resources, if the investigationreport:
(A) is classified as substantiated; and
(B) concerns:
(i) an applicant for a license to operate;
(ii) a person licensed to operate;
(iii) an employee of; or
(iv) a volunteer providing services at;
a child care center licensed under IC 12-17.2-4 or a child carehome licensed under IC 12-17.2-5.
(20) A citizen review panel established under IC 31-25-2-20.4.
(21) The department of child services ombudsman establishedby IC 4-13-19-3.
As added by P.L.1-1997, SEC.16. Amended by P.L.70-2004, SEC.16;P.L.234-2005, SEC.155; P.L.145-2006, SEC.285; P.L.146-2006,SEC.43; P.L.138-2007, SEC.66; P.L.182-2009(ss), SEC.380.
IC 31-33-18-3
Disclosure to qualified researchers
Sec. 3. (a) Section 2 of this chapter does not prevent the countyoffice of family and children or the department from disclosing to aqualified individual engaged in a good faith research project either: (1) information of a general nature, including the incidents ofreported child abuse or neglect or other statistical or social dataused in connection with studies, reports, or surveys, andinformation related to their function and activities; or
(2) information relating to case histories of child abuse orneglect if:
(A) the information disclosed does not identify or reasonablytend to identify the persons involved; and
(B) the information is not a subject of pending litigation.
(b) To implement this section, the department shall adopt underIC 4-22-2 rules to govern the dissemination of information toqualifying researchers.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,SEC.156.
IC 31-33-18-4
Notice to parent, guardian, or custodian of availability of reports,information, and juvenile court records; release form; copyingcosts
Sec. 4. (a) Whenever a child abuse or neglect assessment isconducted under this article, the department shall give verbal andwritten notice to each parent, guardian, or custodian of the child that:
(1) the reports and information described under section 1 of thischapter relating to the child abuse or neglect assessment; and
(2) if the child abuse or neglect allegations are pursued injuvenile court, the juvenile court's records described underIC 31-39;
are available upon the request of the parent, guardian, or custodianexcept as prohibited by federal law.
(b) A parent, guardian, or custodian requesting information underthis section may be required to sign a written release form thatdelineates the information that is requested before the information ismade available. However, no other prerequisites for obtaining theinformation may be placed on the parent, guardian, or custodianexcept for reasonable copying costs.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,SEC.157; P.L.131-2009, SEC.53.