IC 31-33-22
    Chapter 22. Offenses; Access to Unsubstantiated False Reports

IC 31-33-22-1
Failure to make report
    Sec. 1. (a) A person who knowingly fails to make a reportrequired by IC 31-33-5-1 commits a Class B misdemeanor.
    (b) A person who knowingly fails to make a report required byIC 31-33-5-2 commits a Class B misdemeanor. This penalty is inaddition to the penalty imposed by subsection (a).
As added by P.L.1-1997, SEC.16.

IC 31-33-22-2
Obtaining child abuse information under false pretenses;knowingly falsifying records or interfering with an investigation
    Sec. 2. (a) An individual who knowingly requests, obtains, orseeks to obtain child abuse or neglect information under falsepretenses commits a Class B misdemeanor.
    (b) A person who knowingly or intentionally:
        (1) falsifies child abuse or neglect information or records; or
        (2) obstructs or interferes with a child abuse assessment,including an assessment conducted by a local child fatalityreview team or the statewide child fatality review committee;
commits obstruction of a child abuse assessment, a Class Amisdemeanor.
As added by P.L.1-1997, SEC.16. Amended by P.L.70-2004, SEC.17;P.L.131-2009, SEC.54.

IC 31-33-22-3
False reports; criminal and civil liability; notification ofprosecuting attorney
    Sec. 3. (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 falsecommits a Class A misdemeanor. However, the offense is a Class Dfelony if the person has a previous unrelated conviction for makinga 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 isliable to the person accused of child abuse or neglect for actualdamages. The finder of fact may award punitive damages andattorney's fees in an amount determined by the finder of fact againstthe person.
    (c) The director or the director's designee shall, after review bythe department's attorney, notify the prosecuting attorney wheneverthe director or the director's designee and the department's attorneyhave 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 falsereport of child abuse or neglect under this section; and
        (2) is not named in a pending criminal charge or underassessment relating to the report;
may file a complaint with the prosecuting attorney. The prosecutingattorney shall review the relevant child abuse or neglect records ofthe department and any other relevant evidence.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,SEC.166; P.L.131-2009, SEC.55.

IC 31-33-22-4
Failure to notify of name change
    Sec. 4. A person who intentionally violates IC 31-33-17-10commits a Class B misdemeanor.
As added by P.L.1-1997, SEC.16.

IC 31-33-22-5
Access by accused to false report
    Sec. 5. A person who is accused of committing child abuse orneglect is entitled to access to a report relevant to an alleged falseaccusation filed under this article if a court finds that the report:
        (1) is unsubstantiated; and
        (2) was intentionally communicated to a law enforcementagency or the department by a person who knew the report wasfalse.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,SEC.167.