Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2025 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1257
AN ACT to amend the Indiana Code concerning family law and
juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 16-49-4-2, AS AMENDED BY P.L.171-2025,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. The statewide child fatality review committee
consists of the following members:
(1) The following members appointed by the governor:
(1) (A) A coroner or deputy coroner.
(2) (B) A representative from the state department who:
(A) (i) is a licensed physician; or
(B) (ii) specializes in injury prevention.
(3) (C) A representative of a:
(A) (i) local health department established under
IC 16-20-2; or
(B) (ii) multiple county health department established under
IC 16-20-3.
(4) (D) A pediatrician.
(5) (E) A representative of law enforcement who has
experience in investigating child deaths.
(6) (F) A representative from an emergency medical services
provider.
(7) (G) The director or a representative of the department of
child services.
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(8) (H) A representative of a prosecuting attorney who has
experience in prosecuting child abuse.
(9) (I) A pathologist who is:
(A) (i) certified by the American Board of Pathology in
forensic pathology; and
(B) (ii) licensed to practice medicine in Indiana.
(10) (J) A mental health provider.
(11) (K) A representative of a child abuse prevention program.
(12) (L) A representative of the department of education.
(13) (M) An epidemiologist.
(14) (N) The state child fatality review coordinator.
(15) (O) At the discretion of the department of child services
ombudsman, a representative of the office of the department
of child services ombudsman established by IC 4-13-19-3.
(2) One (1) member appointed by the speaker of the house of
representatives.
(3) One (1) member appointed by the president pro tempore
of the senate.
(4) One (1) member appointed by the minority leader of the
house of representatives.
(5) One (1) member appointed by the minority leader of the
senate.
SECTION 2. IC 31-9-2-19.3, AS ADDED BY P.L.138-2007,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 19.3. "Child welfare agency", for purposes of
IC 31-25-2-20.4 and IC 31-33-18-1.6, means:
(1) the department of child services; and
(2) a person (as defined in IC 24-4-14-5) that, directly or
indirectly, provides:
(A) services to a child or family of a child, for which payment
is made, in whole or in part, by the department of child
services or a local office of the department of child services;
(B) services to:
(i) a child who is; or
(ii) a family with;
a child at imminent risk of placement (as defined in
IC 31-26-5-1) who is referred by the department of child
services or a local office of the department of child services to
the person for family support or family preservation services;
or
(C) assistance to or works in cooperation with the department
of child services in the investigations of allegations of possible
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child abuse or neglect in accordance with IC 31-33.
SECTION 3. IC 31-9-2-81.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 81.7. "Near fatality", for purposes of IC 31-33-18.5,
means a severe childhood injury or condition that is certified by a
physician as being life threatening.
SECTION 4. IC 31-9-2-112.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 112.4. (a) "Reunification
services" means all services that are provided:
(1) to a parent, guardian, or custodian of a child who is the
subject of a petition alleging that the child is a child in need of
services; and
(2) with the intent of rehabilitating the relationship between
the child and the parent, guardian, or custodian.
(b) The term includes services such as:
(1) individual, group, and family counseling;
(2) inpatient, residential, or outpatient substance abuse
treatment services;
(3) mental health services;
(4) assistance to address domestic violence;
(5) services designed to provide temporary child care and
therapeutic services for families;
(6) peer-to-peer mentoring and support groups for parents
and primary caregivers;
(7) services and activities designed to facilitate access to and
visitation of children by parents and siblings;
(8) substance abuse treatment and screening; and
(9) transportation to or from any of the services and activities
described in this subsection.
(c) The term does not include services provided to a parent,
guardian, or custodian of a child while the child is residing in a:
(1) child caring institution;
(2) group home; or
(3) private secure facility;
licensed by the department.
SECTION 5. IC 31-9-2-113.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 113.6. "Screened out", with
regard to a report of known or suspected child abuse or neglect
under IC 31-33, means that the department:
(1) received the report under IC 31-33-7; and
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(2) did not refer the report for investigation under IC 31-33-9
based on the department's determination that the report:
(A) lacked sufficient information;
(B) did not contain allegations of child abuse or neglect;
(C) contained duplicative allegations that were previously
assessed by the department; or
(D) did not contain information indicating a current risk to
a child.
SECTION 6. IC 31-19-16-2, AS AMENDED BY P.L.128-2012,
SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. A court may grant postadoption contact
privileges if:
(1) the court determines that the best interests of the child would
be served by granting postadoption contact privileges;
(2) the child is at least two (2) years twelve (12) months of age
and the court finds that there is a significant emotional attachment
between the child and the birth parent;
(3) each adoptive parent consents to the granting of postadoption
contact privileges;
(4) the adoptive parents and the birth parents:
(A) execute a postadoption contact agreement; and
(B) file the agreement with the court;
(5) the licensed child placing agency sponsoring the adoption and
the child's court appointed special advocate or guardian ad litem
appointed under IC 31-32-3 recommends to the court the
postadoption contact agreement, or if there is no licensed child
placing agency sponsoring the adoption, the local office or other
agency that prepared an adoption report under IC 31-19-8-5 is
informed of the contents of the postadoption contact agreement
and comments on the agreement in the agency's report to the
court;
(6) consent to postadoption contact is obtained from the child if
the child is at least twelve (12) years of age; and
(7) the postadoption contact agreement is approved by the court.
SECTION 7. IC 31-25-2-24, AS AMENDED BY P.L.11-2023,
SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 24. (a) Before December 31 of each year, the
department shall annually prepare a report concerning all child
fatalities or near fatalities in Indiana that are the result of child abuse
or neglect in the preceding calendar year. The report must include the
following information:
(1) A summary of the information gathered concerning child
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fatalities or near fatalities resulting from abuse or neglect.
(2) Demographic information regarding victims, perpetrators, and
households involved in child fatalities or near fatalities resulting
from abuse or neglect.
(3) An analysis of the primary risk factors involved in child
fatalities or near fatalities resulting from abuse or neglect.
(4) A summary of the most frequent causes of child fatalities or
near fatalities resulting from abuse or neglect.
(5) A description of the manner in which the information was
assembled.
The department shall post the report prepared under this section on the
department's website.
(b) As part of the summary of information described in subsection
(a)(1), the report must include the following information for each
child fatality or near fatality:
(1) Whether, at the time of the child's fatality or near fatality
or at any time before the child's fatality or near fatality, the
child was alleged or adjudicated to be a child in need of services
under IC 31-34-1 in a child in need of services proceeding that
had not been closed at the time of the event that led to the child's
death; and or was the subject of a program of informal
adjustment.
(2) Whether, at the time of the event that led to the child's death,
fatality or near fatality, the child:
(A) had been ordered to remain in the child's home;
(B) was on a trial home visit;
(C) was placed in foster care; or
(D) was residing in a residential treatment facility. or
(E) was the subject of a program of informal adjustment.
(3) The following information regarding each report of known
or suspected child abuse or neglect that the department
received regarding the child and screened out:
(A) The date on which the report was received.
(B) The documented reason or reasons for:
(i) the recommendation of the department's intake
personnel that the report be screened out; and
(ii) the approval of the recommendation under item (i)
by each department supervisor, director, or other official
that reviewed the recommendation.
Names or other identifying information of department
employees may be omitted or redacted from the information
reported under this subdivision.
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(4) A detailed description of the actions taken by the
department concerning the child, including the following:
(A) A summary of any investigation of alleged child abuse
and neglect concerning the child, including any relevant
risk and safety assessment concerning the child, that was
conducted by the department before the child fatality or
that was ongoing at the time of the child fatality.
(B) With regard to an investigation reported under clause
(A) that resulted in a determination that the allegation of
child abuse or neglect was unsubstantiated:
(i) a narrative, chronological summary of the
investigation; and
(ii) the department's reasoning for determining that the
allegation was unsubstantiated.
This subdivision does not apply to a near fatality.
(5) The name of the judge who presided over any detention
hearing concerning the child under IC 31-34-5 the result of
which was release of the child to the child's parent, guardian,
or custodian.
(6) If the child was the subject of one (1) or more petitions
alleging that the child was a child in need of services:
(A) for each child in need of services petition:
(i) the allegations that prompted the filing of the child in
need of services petition;
(ii) a narrative, chronological summary of the child in
need of services proceeding;
(iii) any judicial findings that were issued by the court in
the child in need of services proceeding; and
(iv) a description of the disposition of the petition,
including a description of the dispositional decree, if any,
entered by the court; and
(B) the name of the judge who presided over the most
recent child in need of services proceeding concerning the
child.
This subdivision does not apply to a near fatality.
(7) A summary of any child abuse and neglect investigation
conducted concerning the child after the child's fatality or
near fatality, including:
(A) the nature and extent of the child's present and past
injuries;
(B) medical information pertaining to the child's fatality,
if applicable; and
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(C) information regarding any criminal charges brought
in connection with the investigation, including the name of
any individual convicted of criminal charges brought in
connection with the investigation.
(8) What actions the department took in response to the child
fatality or near fatality, including any:
(A) change to policy or practice; or
(B) recommendation for a change in policy, practice, or
law.
(9) If the child was the subject of a child in need of services
proceeding and:
(A) the proceeding was dismissed; or
(B) the child was discharged under IC 31-34-21-11;
before the child's death, a brief summary of the reasons for
the court's action under clause (A) or (B).
(c) As part of the annual report required by subsection (a), before
December 31 of each year, the department shall report the following:
(1) The number of children who died child fatalities or near
fatalities in Indiana in the preceding calendar year for whom
abuse or neglect was suspected to be a factor in the child's death.
child fatality or near fatality.
(2) The:
(A) number of children described in subdivision (1) whose
cause of death fatality or near fatality was determined to be
related to abuse or neglect; and
(B) number of children described in subdivision (1) whose
cause of death fatality or near fatality was determined to be
unrelated to abuse or neglect.
(3) The number of children described in subdivision (2)(A) who
were the subject of a department assessment based on an
allegation of abuse or neglect.
(4) The number of children described in subdivision (3) who were
the subject of a department assessment based on an allegation of
abuse or neglect that was determined to be substantiated.
(5) The number of children described in subdivision (3) who were
the subject of a department assessment based on an allegation of
abuse or neglect that was determined to be unsubstantiated.
(6) For each child described in subdivision (3), the following
information:
(A) The cause and manner of the child's death. child fatality
or near fatality.
(B) The:
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(i) number of department assessments of the child that were
based on an allegation of abuse or neglect that was
determined to be substantiated; and
(ii) number of department assessments of the child that were
based on an allegation of abuse or neglect that was
determined to be unsubstantiated.
(C) The child's relationship to the perpetrator or perpetrators
of the abuse or neglect to which the child's death child fatality
or near fatality was determined to be related.
(D) For each perpetrator described in clause (C):
(i) whether, prior to the allegation of abuse or neglect to
which the death fatality or near fatality of the child
described in subdivision (3) was related, a substantiated
allegation of abuse or neglect resulted in the perpetrator
being determined to have abused or neglected the child or
another child; and
(ii) the number of substantiated reports of abuse or neglect
described in item (i);
(iii) whether, before the allegation of abuse or neglect to
which the fatality or near fatality of the child described
in subdivision (3) was related, an investigation of an
allegation of abuse or neglect of the child or of another
child resulted in the allegation being determined to be
unsubstantiated; and
(iv) the number of unsubstantiated reports of abuse or
neglect described in item (iii).
(d) Not later than January 31 of each year, the department shall
provide to the executive director of the legislative services agency, for
distribution to the interim study committee on child services, a copy of
the most recent annual report prepared by the department under this
section. The report provided to the executive director of the legislative
services agency under this subsection must be in an electronic format
under IC 5-14-6.
SECTION 8. IC 31-33-8-1, AS AMENDED BY P.L.198-2019,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (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, unless the report
is screened out and referred to a law enforcement agency.
(b) If a report of known or suspected child abuse or neglect is
received from a judge or prosecutor requesting the department to
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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.
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SECTION 9. IC 31-33-18-1, AS AMENDED BY P.L.77-2023,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) Except as provided in section sections 1.5
and 1.6 of this chapter and IC 31-33-18.5, the following are
confidential:
(1) Reports made under this article (or IC 31-6-11 before its
repeal).
(2) Any other information, documents, reports, pictures, videos,
images, or recordings obtained, possessed, produced, or created
by:
(A) the division of family resources;
(B) the local office;
(C) the department; or
(D) the department of child services ombudsman established
by IC 4-13-19-3;
concerning a child or family with whom the department has
received a report or referral or has been involved with during any
stage of the department's investigation, including post-assessment
or post-adoption activity.
(b) Except as provided in section sections 1.5 and 1.6 of this
chapter and IC 31-33-18.5, all records held by:
(1) the division of family resources;
(2) a local office;
(3) the department;
(4) a local child fatality review team established under
IC 16-49-2;
(5) the statewide child fatality review committee established
under IC 16-49-4; or
(6) the department of child services ombudsman established by
IC 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.
SECTION 10. IC 31-33-18-1.5, AS AMENDED BY P.L.77-2023,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1.5. (a) This section applies to records held by:
(1) a local office;
(2) the department; or
(3) the department of child services ombudsman established by
IC 4-13-19-3;
regarding a child whose death fatality or near fatality that may have
been the result of abuse, abandonment, or neglect.
(b) For purposes of subsection (a), a child's death child fatality or
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near fatality may have been the result of abuse, abandonment, or
neglect if:
(1) an entity described in subsection (a) determines that the child's
death a child fatality 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 that
the child's death a child fatality or near fatality may have been
the result of abuse, abandonment, or neglect.
Upon the request of any person, or upon its own motion, the court
exercising juvenile jurisdiction in the county in which the child's death
child fatality or near fatality occurred shall determine whether the
allegations contained in the indictment, information, or complaint
described in subdivision (2), if proven, would cause a reasonable
person to believe that the child's death child fatality or near fatality
may have been the result of abuse, abandonment, or neglect.
(c) If the juvenile court finds that the child's death child fatality or
near fatality was the result of abuse, abandonment, or neglect, the court
shall make written findings and provide a copy of the findings and the
indictment, information, or complaint described under subsection
(b)(2) to the department.
(d) As used in this section:
(1) "case" means:
(A) any intake report or other documentation such as a referral
or other matter received or generated by the department;
(B) any investigation or assessment conducted by the
department; or
(C) ongoing involvement between the department and a child
or family that is the result of:
(i) a program of informal adjustment; or
(ii) a child in need of services action;
for which related records and documents have not been expunged
as required by law or by a court at the time the department is
notified of a child fatality or near fatality;
(2) "contact" means in person communication about a case in
which:
(A) the child who is the victim of a fatality or near fatality is
alleged to be a victim; or
(B) the perpetrator of the child fatality or near fatality is
alleged to be the perpetrator;
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(3) "identifying information" means information that identifies an
individual, including an individual's:
(A) name, address, date of birth, occupation, place of
employment, and telephone number;
(B) employer identification number, mother's maiden name,
Social Security number, or any identification number issued by
a governmental entity;
(C) unique biometric data, including the individual's
fingerprint, voice print, or retina or iris image;
(D) unique electronic identification number, address, or
routing code;
(E) telecommunication identifying information; or
(F) telecommunication access device, including a card, a plate,
a code, an account number, a personal identification number,
an electronic serial number, a mobile identification number, or
another telecommunications service or device or means of
account access;
(4) "life threatening" means an injury or condition that is
categorized as "serious" or "critical" in patient hospital records;
and
(5) "near fatality" means a severe childhood injury or condition
that is certified by a physician as being life threatening.
(e) This subsection does not apply to records concerning a child
fatality or near fatality that the department is required to publish
under IC 31-33-18.5. Unless:
(1) a police investigation or criminal prosecution is ongoing; or
(2) information in a record is otherwise confidential under state
or federal law;
a record described in subsection (a) that has been redacted in
accordance with this section is not confidential and may be disclosed
to any person who requests the record. The person requesting the
record may be required to pay the reasonable expenses of copying the
record.
(f) When a person requests a record described in subsection (a), the
entity having control of the record shall immediately transmit a copy of
the record to the court exercising juvenile jurisdiction in the county in
which the death child fatality or near fatality of the child occurred.
However, if the court requests that the entity having control of a record
transmit the original record, the entity shall transmit the original record.
(g) Upon receipt of the record described in subsection (a), the court
shall, within thirty (30) days, redact the record to exclude:
(1) identifying information described in subsection (d)(3)(B)
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through (d)(3)(F) of a person; and
(2) all identifying information of a child less than eighteen (18)
years of age.
(h) The court shall disclose the record redacted in accordance with
subsection (g) to any person who requests the record, if the person has
paid:
(1) to the entity having control of the record, the reasonable
expenses of copying under IC 5-14-3-8; and
(2) to the court, the reasonable expenses of copying the record.
(i) The data and information in a record disclosed under this section
must include the following:
(1) A summary of the report of abuse or neglect and a factual
description of the contents of the report.
(2) The age and gender of the child.
(3) The cause of the fatality or near fatality, if the cause has been
determined.
(4) Whether the department had any contact with the child or the
perpetrator before the fatality or near fatality, and, if the
department had contact, the following:
(A) The frequency of the contact with the child or the
perpetrator before the fatality or near fatality and the date on
which the last contact occurred before the fatality or near
fatality.
(B) A summary of the status of the child's case at the time of
the fatality or near fatality, including:
(i) whether the child's case was closed by the department
before the fatality or near fatality; and
(ii) if the child's case was closed as described under item (i),
the date of closure and the reasons that the case was closed.
(j) The court's determination under subsection (g) that certain
identifying information or other information is not relevant to
establishing the facts and circumstances leading to the death fatality
or near fatality of a child is not admissible in a criminal proceeding or
civil action.
SECTION 11. IC 31-33-18-1.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1.6. (a) As used in this section,
"state legislator" means:
(1) a member of the United States Congress representing
Indiana; or
(2) a member of the general assembly;
acting in the member's official capacity.
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(b) The department shall disclose information that:
(1) concerns alleged or actual child abuse or neglect; and
(2) is requested by a state legislator;
to the state legislator not later than twenty (20) business days after
receiving the state legislator's request for the information.
(c) If requested by a state legislator under subsection (b), or as
necessary to provide information responsive to the request of a
state legislator under subsection (b), the department shall disclose
to the state legislator:
(1) unredacted department records regarding the alleged or
actual child abuse or neglect, including the safe system review
regarding the child abuse or neglect investigation; and
(2) information regarding actions taken by other entities,
including:
(A) child welfare agencies;
(B) guardians ad litem;
(C) court appointed special advocates; and
(D) court officers;
with regard to the alleged or actual child abuse or neglect;
including records or information that predate July 1, 2026.
(d) A state legislator to whom an unredacted record is disclosed
under this section may not permit disclosure of the record to a
third party except in the interest of a legitimate government
purpose in protecting children from child abuse or neglect.
(e) The director or the director's designee may disclose
information to the news media to confirm, clarify, correct, or
supplement information concerning an alleged or actual
occurrence of child abuse or neglect that has been made public by
a source other than the department, if the disclosure is limited to
factual information regarding the department's investigation of the
alleged or actual occurrence of child abuse or neglect.
(f) Not later than five (5) business days, or ten (10) business days
for complex cases, after receiving a request from the news media
regarding the death of a child whose death is suspected to be the
result of child abuse or neglect, the department shall release to the
news media the following information, to the extent the
information is known:
(1) The child's age.
(2) The child's gender.
(3) A summary of:
(A) the actions taken by the department concerning the
child, including any investigation of alleged child abuse
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and neglect concerning the child that was conducted by the
department before the child's death or that was ongoing at
the time of the child's death; and
(B) any petition that was filed alleging that the child was a
child in need of services, including the disposition of the
petition.
(g) A record released under this section that has been redacted
to exclude the information described in section 1.5(g) of this
chapter is not confidential.
(h) This section shall be construed as broadly as possible
consistent with other Indiana and federal law.
SECTION 12. IC 31-33-18-2, AS AMENDED BY P.L.54-2024,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. Except as otherwise prohibited by federal law,
the reports and other material described in section 1(a) of this chapter
and the unredacted reports and other material described in section 1(b)
of this chapter shall be made available only to the following:
(1) Persons authorized by this article.
(2) A legally mandated public or private child protective agency
investigating a report of child abuse or neglect or treating a child
or family that is the subject of a report or record.
(3) Any of the following who are investigating a report of a child
who may be a victim of child abuse or neglect:
(A) A police officer or other law enforcement agency.
(B) A prosecuting attorney.
(C) A coroner, in the case of the death of a child.
(4) A physician who has before the physician a child whom the
physician reasonably suspects may be a victim of child abuse or
neglect.
(5) An individual legally authorized to place a child in protective
custody if:
(A) the individual has before the individual a child whom the
individual reasonably suspects may be a victim of abuse or
neglect; and
(B) the individual requires the information in the report or
record to determine whether to place the child in protective
custody.
(6) An agency A person having the legal responsibility or
authorization to care for, treat, or supervise a child who is the
subject of a report or record, or a including a service provider
that requires access to the unredacted reports or material to
assess:
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(A) the suitability of the provider or the provider's services
for the child; or
(B) the suitability of the child for the provider or for the
provider's services;
before providing care, treatment, or supervision for the child.
(7) A parent, guardian, custodian, or other person who is
responsible for the child's welfare.
(7) (8) An individual named in the report or record who is alleged
to be abused or neglected or, if the individual named in the report
is a child or is otherwise incompetent, the individual's guardian ad
litem or the individual's court appointed special advocate, or both.
(8) (9) Each parent, guardian, custodian, or other person
responsible for the welfare of a child named in a report or record
and an attorney of the person described under this subdivision,
with protection for the identity of reporters and other appropriate
individuals.
(9) (10) A court, for redaction of the record in accordance with
section 1.5 of this chapter, or upon the court's finding that access
to the records may be necessary for determination of an issue
before the court. However, except for disclosure of a redacted
record in accordance with section 1.5 of this chapter, access is
limited to in camera inspection unless the court determines that
public disclosure of the information contained in the records is
necessary for the resolution of an issue then pending before the
court.
(10) (11) A grand jury upon the grand jury's determination that
access to the records is necessary in the conduct of the grand
jury's official business.
(11) (12) An appropriate state or local official responsible for
child protection services or legislation, including a member of
the general assembly, carrying out the official's official
functions.
(12) (13) The community child protection team appointed under
IC 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 under IC 31-33-3.
(13) (14) A person about whom a report has been made, with
protection for the identity of:
(A) any person reporting known or suspected child abuse or
neglect; and
(B) any other person if the person or agency making the
information available finds that disclosure of the information
would be likely to endanger the life or safety of the person.
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(14) (15) An employee of the department, a caseworker, or a
juvenile probation officer conducting a criminal history check
under IC 31-26-5, IC 31-34, or IC 31-37 to determine the
appropriateness 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 this
subdivision must be disclosed to a court determining the
placement of a child described in clauses (A) through (C).
(15) (16) A local child fatality review team established under
IC 16-49-2.
(16) (17) The statewide child fatality review committee
established by IC 16-49-4.
(17) (18) The department.
(18) (19) The division of family resources, if the investigation
report:
(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 care
home licensed under IC 12-17.2-5.
(19) (20) A citizen review panel established under
IC 31-25-2-20.4.
(20) (21) The department of child services ombudsman
established by IC 4-13-19-3.
(21) (22) The secretary of education with protection for the
identity of:
(A) any person reporting known or suspected child abuse or
neglect; and
(B) any other person if the person or agency making the
information available finds that disclosure of the information
would be likely to endanger the life or safety of the person.
(22) (23) The state child fatality review coordinator employed by
the Indiana department of health under IC 16-49-5-1.
(23) (24) A person who operates a child caring institution, group
home, or secure private facility if all the following apply:
(A) The child caring institution, group home, or secure private
facility is licensed under IC 31-27.
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(B) The report or other materials concern:
(i) an employee of;
(ii) a volunteer providing services at; or
(iii) a child placed at;
the child caring institution, group home, or secure private
facility.
(C) The allegation in the report occurred at the child caring
institution, group home, or secure private facility.
(24) (25) A person who operates a child placing agency if all the
following apply:
(A) The child placing agency is licensed under IC 31-27.
(B) The report or other materials concern:
(i) a child placed in a foster home licensed by the child
placing agency;
(ii) a person licensed by the child placing agency to operate
a foster family home;
(iii) an employee of the child placing agency or a foster
family home licensed by the child placing agency; or
(iv) a volunteer providing services at the child placing
agency or a foster family home licensed by the child placing
agency.
(C) The allegations in the report occurred in the foster family
home or in the course of employment or volunteering at the
child placing agency or foster family home.
(25) (26) The National Center for Missing and Exploited
Children.
(26) (27) A local domestic violence fatality review team
established under IC 12-18-8, as determined by the department to
be relevant to the death or near fatality that the local domestic
violence fatality review team is reviewing.
(27) (28) The statewide domestic violence fatality review
committee established under IC 12-18-9-3, as determined by the
department to be relevant to the death or near fatality that the
statewide domestic violence fatality review committee is
reviewing.
(28) (29) The statewide maternal mortality review committee
established under IC 16-50-1-3, as determined by the department
to be relevant to the case of maternal morbidity or maternal
mortality that the statewide maternal mortality review committee
is reviewing.
(29) (30) A local fetal-infant mortality review team established
under IC 16-49-6, as determined by the department to be relevant
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to the case of fetal or infant fatality that the local fetal-infant
mortality review team is reviewing.
(30) (31) A suicide and overdose fatality review team established
under IC 16-49.5-2, as determined by the department to be
relevant to the case of a suicide or overdose fatality that the
suicide and overdose fatality review team is reviewing.
(31) (32) The office of administrative law proceedings for a
matter that is the subject of an administrative proceeding before
the office of administrative law proceedings.
(32) (33) A tribal representative, agency, or organization
authorized by the Indian child's tribe to care for, diagnose, treat,
review, evaluate, or monitor active efforts regarding an Indian
child, and the Indian child's parent, guardian, or custodian.
(33) (34) The United States Department of State and foreign
governments to comply with federal law and treaties.
(34) (35) A child advocacy center when the child advocacy center
has before it an investigation of child abuse or neglect in which
it is facilitating a forensic interview or facilitating a case
discussion or case review.
(36) The office of the attorney general or a prosecutor for
purposes of a criminal investigation by the office of the
attorney general or prosecutor.
SECTION 13. IC 31-33-18-5, AS ADDED BY P.L.48-2012,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) Except as provided in IC 31-33-18.5, an
audio recording of a telephone call to the child abuse hotline is
confidential and may be released only upon court order.
(b) An audio recording of a report of child abuse or neglect that is
the subject of a complaint made to a prosecuting attorney under
IC 31-33-22-3 shall be released without a court order to the prosecuting
attorney upon written request of the prosecuting attorney.
SECTION 14. IC 31-33-18.5 IS ADDED TO THE INDIANA
CODE AS A NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]:
Chapter 18.5. Child Fatalities Public Transparency
Sec. 1. This chapter applies to the following:
(1) Reports made under this article (or IC 31-6-11 before its
repeal).
(2) Any other information obtained or written reports taken
concerning the reports in the possession of:
(A) the division of family resources;
(B) the local office;
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(C) the department; or
(D) the department of child services ombudsman
established by IC 4-13-19-3.
Sec. 2. (a) Notwithstanding IC 31-33-18, the department shall
promptly provide information to the public regarding a case of
child abuse or neglect that has resulted in a child fatality or near
fatality.
(b) Subject to subsection (d), and to the extent permitted by
federal law, the department shall provide preliminary information
as follows:
(1) In the case of a child fatality, the department's disclosure
must include the following:
(A) The deceased child's name, age, and gender.
(B) The county or general location of the residence for the
child who died.
(C) The fact that a child suffered a fatality as the result of
abuse or neglect.
(D) Following an arrest for the child fatality, the public
arrest information and court records for the alleged
perpetrator, unless the disclosure would violate the privacy
of a victim.
(E) Whether there have been reports or any current or
past cases of abuse or neglect involving the child or the
alleged perpetrator, including any reports or cases of
abuse or neglect involving the child or the alleged
perpetrator that were screened out.
(F) Any action taken by the department in response to the
fatality, including any:
(i) change to policy or practice; or
(ii) recommendation for a change in policy, practice, or
law.
(G) A detailed synopsis of earlier reports or cases of child
abuse or neglect involving the child or the alleged
perpetrator and of the actions taken or determinations
made by the department in response to the earlier reports
or cases.
(H) The name of the judge who presided over any
detention hearing concerning the child under IC 31-34-5
that occurred before the child fatality if the result of the
detention hearing was an order to release the child to the
child's parent, guardian, or custodian.
(I) Whether the child was the subject of one (1) or more
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child in need of services proceedings at the time the child
fatality occurred or before the child fatality occurred.
(2) In the case of a child's near fatality, the department's
disclosure must include the following:
(A) The child's age and gender.
(B) The county or general location of the residence for the
child who suffered a near fatality.
(C) The fact that a child suffered a near fatality as the
result of abuse or neglect.
(D) Following an arrest for the near fatality, the public
arrest information and court records for the alleged
perpetrator, unless the disclosure would violate the privacy
of a victim.
(E) Whether there have been reports or any current or
past cases of abuse or neglect involving the child or the
alleged perpetrator, including any reports or cases of
abuse or neglect involving the child or the alleged
perpetrator that were screened out.
(F) Any action taken by the department in response to the
near fatality including any:
(i) change to policy or practice; or
(ii) recommendation for a change in policy, practice, or
law.
(G) A detailed synopsis of earlier reports or cases of abuse
or neglect involving the alleged perpetrator and of the
actions taken or determinations made by the department
in response to the earlier reports or cases. However, a
synopsis under this clause must be redacted in a manner
that protects the privacy of the child.
(H) The name of the judge who presided over any
detention hearing concerning the child under IC 31-34-5
that occurred before the near fatality if the result of the
detention hearing was an order to release the child to the
child's parent, guardian, or custodian.
(c) Subject to subsection (d), if additional information is
requested by a person under this chapter:
(1) before releasing additional information, the department
shall notify the prosecuting attorney;
(2) the prosecuting attorney shall promptly notify the
department if the prosecuting attorney believes the release
would cause a specific, material harm to a criminal
investigation or prosecution; and
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(3) after consulting with the prosecuting attorney, the
department shall produce to the requestor as much additional
information as possible about a case of child abuse or neglect
under this chapter.
(d) The department must take precautions to protect the
identity of:
(1) a person who reports child abuse or neglect; and
(2) any potential child abuse or neglect victim of an alleged
perpetrator.
Sec. 3. Not later than ninety (90) days after the date on which
the department's report for a case involving a child fatality or near
fatality is completed, the department shall provide to the public a
summary report that includes the following:
(1) Any actions taken by the department in response to the
case, including changes in policies or practices that have been
made to address any issues raised in the review of the case.
(2) Information prescribed in section 4 of this chapter.
Sec. 4. If the summary report involves a child who was residing
in the child's home at the time of the child's fatality or near
fatality, the summary report must contain the following:
(1) Whether the department was providing services to the
child, a member of the child's family, or the alleged
perpetrator at the time of the child fatality or near fatality. If
services were provided, the date on which the last contact
occurred between the entity providing services and the person
receiving the services before the child fatality or near fatality.
(2) Whether the child, a member of the child's family, or the
alleged perpetrator was the subject of a department report at
the time of the child fatality or near fatality.
(3) Whether there was an open child in need of services case
for the child or a member of the child's family at the time of
the child fatality or near fatality.
(4) All:
(A) involvement of:
(i) the child's parent, guardian, or custodian; and
(ii) the alleged perpetrator;
in a situation for which a department report, whether
substantiated or unsubstantiated, was made within the
preceding five (5) years of the child fatality or near
fatality; and
(B) services provided to the child or the child's family
within the preceding five (5) years of the child fatality or
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near fatality.
(5) Any investigation by the department for a report
concerning the child, a member of the child's family, or the
alleged perpetrator since the child fatality or near fatality.
(6) Any services provided to:
(A) the child since the child's near fatality; or
(B) the child's family since the child fatality or near
fatality.
SECTION 15. IC 31-34-7-4, AS AMENDED BY P.L.46-2016,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. A person who is accused of committing child
abuse or neglect is entitled under IC 31-33-18-2(13) IC 31-33-18-2(14)
to access to a report relevant to an alleged accusation.
SECTION 16. IC 31-34-20-1.6, AS ADDED BY P.L.179-2025,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1.6. (a) This section applies to a parent,
guardian, or custodian of a child:
(1) who (A) is the subject of a proceeding regarding a petition
alleging that the child is a child in need of services, petition that
is filed after the child is removed from the care or custody of the
child's parent, guardian, or custodian under IC 31-34-2-3,
regardless of whether:
(A) the child is removed from the care or custody of the
parent, guardian, or custodian; or
(B) the child, if removed, is returned to the care or custody of
the parent, guardian, or custodian;
at any time before or after the entry of the a dispositional decree
or in the proceeding; and
(B) is removed from the care or custody of the child's parent,
guardian, or custodian under the child's dispositional decree
under section 1(a)(3) of this chapter; and
(2) whose dispositional decree includes an order under section
1(a)(6) of this chapter requiring a parent, guardian, or custodian
of the child who has been:
(A) ordered by the court in the proceeding; or
(B) directed by the department;
to complete reunification services.
(b) Except as provided in subsections (c) and (d), a the court in a
proceeding regarding a petition alleging that a child is a child in
need of services may not provide for a child's parent, guardian, or
custodian to receive reunification services for more than:
(1) if the child is removed from the parent, guardian, or custodian
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in need of services petition is filed after June 30, 2025, and
before July 1, 2026, fifteen (15) months; or
(2) if the child is removed from the parent, guardian, or custodian
in need of services petition is filed after June 30, 2026, twelve
(12) months;
after the date of the child's removal under IC 31-34-2-3 or under the
child's dispositional decree, whichever is earlier. on which the petition
is filed.
(c) A court may extend the provision of reunification services to a
child's parent, guardian, or custodian for:
(1) a period of not more than ninety (90) days if the court finds
after an evidentiary hearing that:
(A) the parent, guardian, or custodian has substantially
complied with the child's dispositional decree; and
(B) the extension is in the child's best interests; and
(2) an additional period of not more than ninety (90) days
following an extension under subdivision (1) if the court:
(A) finds after an evidentiary hearing, by clear and convincing
evidence, that:
(i) the parent, guardian, or custodian has substantially
complied with the child's dispositional decree; and
(ii) the extension is in the child's best interests; and
(B) includes in the order for the extension:
(i) the facts upon which the court based the court's findings
under clause (A); and
(ii) the time period within which it is likely that reunification
of the child with the parent will occur.
(d) A court may extend the provision of reunification services to a
child's parent, guardian, or custodian if the court finds after an
evidentiary hearing that the child's parent, guardian, or custodian, by
no fault of the parent, guardian, or custodian, was not afforded an
adequate opportunity to substantially participate in the reunification
services.
(e) The following are not a basis for an extension under subsection
(c) or (d):
(1) Delay or failure by the parent, guardian, or custodian to
establish paternity or seek custody of the child.
(2) Failure of the parent, guardian, or custodian to substantially
participate in the reunification services due to the conduct of the
parent, guardian, or custodian.
(f) In determining whether to extend the provision of reunification
services to a child's parent under subsection (c) or (d), a court shall take
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into consideration the status of any minor siblings of the child.
SECTION 17. IC 31-34-21-5, AS AMENDED BY P.L.179-2025,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) Subject to subsection (c), the court shall
determine:
(1) whether the child's case plan, services, and placement meet
the special needs and best interests of the child;
(2) whether the department has made reasonable efforts to
provide family services, unless a finding has been made under
section 5.6 of this chapter that reasonable efforts for family
preservation or reunification are not required; and
(3) if the child was removed from the care or custody of the
child's parent, guardian, or custodian, a projected date for the
child's return home; and
(4) a projected date for the child's adoption placement, the
child's emancipation, or the appointment of a legal guardian for
the child under section 7.5(c)(1)(D) of this chapter.
(b) The determination of the court under subsection (a) must be
based on findings written after consideration of the following:
(1) Whether the department, the child, or the child's parent,
guardian, or custodian has complied with the child's case plan.
(2) Written documentation containing descriptions of:
(A) the family services that have been offered or provided to
the child or the child's parent, guardian, or custodian;
(B) the dates during which the family services were offered or
provided; and
(C) the outcome arising from offering or providing the family
services.
(3) The extent of the efforts made by the department to offer and
provide family services.
(4) The extent to which the parent, guardian, or custodian has
enhanced the ability to fulfill parental obligations.
(5) The extent to which the parent, guardian, or custodian has
visited the child, including the reasons for infrequent visitation.
(6) The extent to which the parent, guardian, or custodian has
cooperated with the department.
(7) The child's recovery from any injuries suffered before
removal.
(8) Whether any additional services are required for the child or
the child's parent, guardian, or custodian and, if so, the nature of
those services.
(9) The extent to which the child has been rehabilitated.
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(10) If the child is placed out-of-home, whether the child is in the
least restrictive, most family-like setting, and whether the child is
placed close to the home of the child's parent, guardian, or
custodian.
(11) The extent to which the causes for the child's out-of-home
placement or supervision have been alleviated.
(12) Whether current placement or supervision by the department
should be continued.
(13) The extent to which the child's parent, guardian, or custodian
has participated or has been given the opportunity to participate
in case planning, periodic case reviews, dispositional reviews,
placement of the child, and visitation.
(14) Whether the department has made reasonable efforts to
reunify or preserve a child's family unless reasonable efforts are
not required under section 5.6 of this chapter.
(15) Subject to subsection (c), whether it is an appropriate time to
prepare or implement a permanency plan for the child under
section 7.5 of this chapter.
(16) If:
(A) the child has been in an out-of-home placement at any
time during the child in need of services proceeding; and
(B) the child's dispositional decree includes an order under
IC 31-34-20-1(a)(6) requiring the child's parent, guardian, or
custodian to receive reunification services;
the amount of time remaining for the parent, guardian, or
custodian to complete the reunification services under
IC 31-34-20-1.6.
(c) The permanency plan for a child who has, at the time of a
periodic case review or permanency hearing, been removed from the
child's parent for at least twelve (12) months of the most recent
twenty-two (22) months, must include at least one (1) intended
permanent or long term arrangement for care and custody of the child
under section 7.5(c) of this chapter other than reunification of the child
with the child's parent, guardian, or custodian.
SECTION 18. IC 31-39-2-6, AS AMENDED BY P.L.128-2012,
SECTION 176, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 6. The records of the juvenile court
are available without a court order to:
(1) the attorney for the department of child services; or
(2) any authorized staff member of:
(A) the local office;
(B) the department of child services;
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(C) the department of correction; or
(D) the department of child services ombudsman established
by IC 4-13-19-3; or
(3) a state legislator (as defined in IC 31-33-18-1.6) as
provided in IC 31-33-18-1.6.
HEA 1257 — Concur
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1257 — ConcurEvery fact on this page links to its source, starting with the official bill record.