IC 31-33-8
    Chapter 8. Investigation of Reports of Suspected Child Abuse orNeglect

IC 31-33-8-1
Investigations by the department of child services; time ofinitiation; investigations of child care ministries
    Sec. 1. (a) The department shall initiate an appropriately thoroughchild protection assessment of every report of known or suspectedchild abuse or neglect the department receives, whether inaccordance with this article or otherwise.
    (b) If the department believes that a child is in imminent dangerof serious bodily harm, the department shall initiate an onsiteassessment immediately, but not later than one (1) hour, afterreceiving the report.
    (c) If the report alleges a child may be a victim of child abuse, theassessment shall be initiated immediately, but not later thantwenty-four (24) hours after receipt of the report.
    (d) If reports of child neglect are received, the assessment shall beinitiated within a reasonably prompt time, but not later than five (5)days, with the primary consideration being the well-being of thechild who is the subject of the report.
    (e) 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 underIC 11-8-8;
the department shall initiate an assessment within a reasonablyprompt time, but not later than five (5) days after the departmentreceives the report, with the primary consideration being thewell-being of the child who is the subject of the report.
    (f) If the safety or well-being of a child appears to be endangeredor the facts otherwise warrant, the assessment shall be initiatedregardless of the time of day.
    (g) If a report alleges abuse or neglect and involves a child careministry that is exempt from licensure under IC 12-17.2-6, thedepartment and the appropriate law enforcement agency shall jointlyconduct an investigation. The investigation shall be conducted underthe requirements of this section and section 2(b) of this chapter.
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.

IC 31-33-8-2
Investigations by law enforcement agencies
    Sec. 2. (a) Upon the receipt of each report under this chapter ofknown or suspected child abuse, the department shall contact the lawenforcement agency in the appropriate jurisdiction.
    (b) The law enforcement agency, with the department, shall

conduct an immediate onsite investigation of the report if the lawenforcement agency has reason to believe that an offense has beencommitted. The law enforcement agency shall investigate the allegedchild abuse or neglect under this chapter in the same manner that thelaw enforcement agency conducts any other criminal investigation.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,SEC.118.

IC 31-33-8-3
Photographs and x-rays
    Sec. 3. (a) Except as provided in subsection (b), the departmentshall:
        (1) cause color photographs to be taken of the areas of traumavisible on a child who is subject to a report; and
        (2) if medically indicated, cause a radiological examination ofthe child to be performed.
    (b) If the law enforcement agency participates in the assessment,the law enforcement agency shall cause the color photographs to betaken as provided by this section.
    (c) The department shall reimburse the expenses of thephotographs and x-rays.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,SEC.119; P.L.131-2009, SEC.44.

IC 31-33-8-4
Notice to prosecuting attorney of reports involving child's death
    Sec. 4. The law enforcement agency shall:
        (1) give telephone notice; and
        (2) immediately forward a copy;
of reports made under this article that involve the death of a child tothe appropriate prosecuting attorney.
As added by P.L.1-1997, SEC.16.

IC 31-33-8-5
Forwarding copies of reports to prosecuting attorney
    Sec. 5. The department shall immediately forward a copy of allreports made under this article to the appropriate prosecutingattorney if the prosecuting attorney has made a prior request to theservice in writing for the copies.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,SEC.120.

IC 31-33-8-6
Investigatory duties of department of child services; purpose
    Sec. 6. The department shall promptly make a thoroughassessment upon either the oral or written report. The primarypurpose of the assessment is the protection of the child.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,SEC.121; P.L.131-2009, SEC.45.
IC 31-33-8-7
Scope of investigation by department of child services; order foraccess to home, school, or other place, or for mental or physicalexaminations
    Sec. 7. (a) The department's assessment, to the extent that isreasonably possible, must include the following:
        (1) The nature, extent, and cause of the known or suspectedchild abuse or neglect.
        (2) The identity of the person allegedly responsible for the childabuse or neglect.
        (3) The names and conditions of other children in the home.
        (4) An evaluation of the parent, guardian, custodian or personresponsible for the care of the child.
        (5) The home environment and the relationship of the child tothe parent, guardian, or custodian or other persons responsiblefor the child's care.
        (6) All other data considered pertinent.
    (b) The assessment may include the following:
        (1) A visit to the child's home.
        (2) An interview with the subject child.
        (3) A physical, psychological, or psychiatric examination of anychild in the home.
    (c) If:
        (1) admission to the home, the school, or any other place thatthe child may be; or
        (2) permission of the parent, guardian, custodian, or otherpersons responsible for the child for the physical,psychological, or psychiatric examination;
under subsection (b) cannot be obtained, the juvenile court, upongood cause shown, shall follow the procedures under IC 31-32-12.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,SEC.122; P.L.131-2009, SEC.46.

IC 31-33-8-8
Order for child's immediate removal; preparation of investigativereport
    Sec. 8. (a) If, before the assessment is complete, the opinion of thelaw enforcement agency or the department is that immediate removalis necessary to protect the child from further abuse or neglect, thejuvenile court may issue an order under IC 31-32-13.
    (b) The department shall make a complete written report of theassessment.
    (c) If a law enforcement agency participates in the assessment, thelaw enforcement agency shall also make a complete written report ofthe assessment.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,SEC.123; P.L.131-2009, SEC.47.

IC 31-33-8-9
Provision of copies of investigative report by department of child

services
    Sec. 9. (a) The department's report under section 8 of this chaptershall be made available to:
        (1) the appropriate court;
        (2) the prosecuting attorney; or
        (3) the appropriate law enforcement agency;
upon request.
    (b) If child abuse or neglect is substantiated after an assessmentis conducted under section 7 of this chapter, the department shallforward its report to the office of the prosecuting attorney havingjurisdiction in the county in which the alleged child abuse or neglectoccurred.
    (c) If the assessment substantiates a finding of child abuse orneglect as determined by the department, a report shall be sent to thecoordinator of the community child protection team underIC 31-33-3.
As added by P.L.1-1997, SEC.16. Amended by P.L.35-1998, SEC.4;P.L.234-2005, SEC.124; P.L.131-2009, SEC.48.

IC 31-33-8-10
Provision of information and copies of investigative report by lawenforcement agency
    Sec. 10. If the law enforcement agency participates in the childabuse or neglect assessment, the law enforcement agency shallforward all information, including copies of an assessment reportunder section 7 of this chapter, on an incident in which a child maybe a victim of alleged child abuse or neglect, whether obtained underthis article or not, to the office of the prosecuting attorney.
As added by P.L.1-1997, SEC.16. Amended by P.L.131-2009,SEC.49.

IC 31-33-8-11
Law enforcement agency's duty to release information todepartment of child services
    Sec. 11. In all cases, the law enforcement agency shall releaseinformation on an incident in which a child may be a victim ofalleged child abuse or neglect, whether obtained under this article ornot, to the department.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,SEC.125.

IC 31-33-8-12
Classifying reports as substantiated or unsubstantiated
    Sec. 12. Upon completion of an assessment, the department shallclassify reports as substantiated or unsubstantiated.
As added by P.L.1-1997, SEC.16. Amended by P.L.70-2004, SEC.13;P.L.234-2005, SEC.126; P.L.131-2009, SEC.50.

IC 31-33-8-13
Court findings to be entered in the child protection index    Sec. 13. Whenever a court finds that a child is a child in need ofservices on the basis of a child abuse or neglect report classified assubstantiated under section 12 of this chapter, the department shallenter into the child protection index established under IC 31-33-26-2identifiable information concerning the court's judgment.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,SEC.127; P.L.138-2007, SEC.65.

IC 31-33-8-14
Repealed
    (Repealed by P.L.138-2007, SEC.93.)