Department of child services ombudsman., the official text

Second Regular Session of the 124th General Assembly (2026)

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  HOUSE ENROLLED ACT No. 1307

   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 4-13-19-4, AS AMENDED BY P.L.48-2012,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) The governor shall appoint the ombudsman.
The ombudsman serves at the pleasure of the governor. An individual
may not be appointed as ombudsman if the individual has been
employed by the department of child services at any time during the
preceding twelve (12) months. The governor shall appoint a successor
ombudsman not later than thirty (30) days after a vacancy occurs in the
position of the ombudsman.

   (b) The office of the department of child services ombudsman:
      (1) shall employ at least two (2) full time employees to assist the
      ombudsman with receiving, investigating, and attempting to
      resolve complaints described in section 5 of this chapter; and
      (2) may shall employ technical experts and other employees to
      carry out the purposes of this chapter.

   (c) The office of the department of child services ombudsman may
not hire an individual to serve as an ombudsman if the individual has
been employed by the department of child services during the
preceding twelve (12) months.

   (d) The ombudsman and any other person employed or authorized
by the ombudsman:

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      (1) are subject to the same criminal history and background
      checks, to be performed by the department of child services, that
      are required for department of child services family case
      managers; and
      (2) are subject to the same disqualification for employment
      criteria as department of child services family case managers.
   SECTION 2. IC 4-13-19-5, AS AMENDED BY P.L.128-2012,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) The office of the department of child
services ombudsman may shall receive, investigate, and attempt to
resolve a complaint alleging that the department of child services, by
an action or omission occurring on or after January 11, 2005, failed to
protect the physical or mental health or safety of any child or failed to
follow specific laws, rules, or written policies.
   (b) The office of the department of child services ombudsman may
shall also do the following:
      (1) Take action, including the establishing of a program of public
      education, to secure and ensure the legal rights of children.
      (2) Periodically review relevant policies and procedures with a
      view toward the safety and welfare of children.
      (3) When appropriate, refer a person making a report of child
      abuse or neglect to the department of child services and, if
      appropriate, to an appropriate law enforcement agency.
      (4) Recommend changes in procedures for investigating reports
      of abuse and neglect and overseeing the welfare of children who
      are under the jurisdiction of a juvenile court.
      (5) Make the public aware of the services of the ombudsman, the
      purpose of the office, and information concerning contacting the
      office.
      (6) Examine policies and procedures and evaluate the
      effectiveness of the child protection system, specifically the
      respective roles of the department of child services, the court, the
      medical community, service providers, guardians ad litem, court
      appointed special advocates, and law enforcement agencies.
      (7) Review and make recommendations concerning investigative
      procedures and emergency responses contained in the report
      prepared under section 10 of this chapter.
   (c) Upon request of the office of the department of child services
ombudsman, the local child protection team shall assist the office of the
department of child services ombudsman by investigating and making
recommendations on a matter. If a local child protection team was
involved in an initial investigation, a different local child protection

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team may shall assist in the investigation under this subsection.
   (d) At the end of an investigation of a complaint, the office of the

department of child services ombudsman shall provide an appropriate
report as follows:

      (1) If the complainant is a parent, guardian, custodian, court
      appointed special advocate, guardian ad litem, or court, the
      ombudsman may provide the same report to the complainant and
      the department of child services.
      (2) If the complainant is not a person described in subdivision (1),
      the ombudsman shall provide a redacted version of its findings to
      the complainant stating in general terms that the actions of the
      department of child services were or were not appropriate.
   (e) The department of child services ombudsman shall provide a
copy of the report and recommendations to the department of child
services. The office of the department of child services ombudsman
may not disclose to:
      (1) a complainant;
      (2) another person who is not a parent, guardian, or custodian of
      the child who was the subject of the department of child services'
      action or omission; or
      (3) the court, court appointed special advocate, or guardian ad
      litem of the child in a case that was filed as a child in need of
      services or a termination of parental rights action;
any information that the department of child services could not, by law,
reveal to the complainant, parent, guardian, custodian, person, court,
court appointed special advocate, or guardian ad litem.
   (f) If, after reviewing a complaint or conducting an investigation and
considering the response of an agency, facility, or program and any
other pertinent material, the office of the department of child services
ombudsman determines that the complaint has merit or the
investigation reveals a problem, the ombudsman may shall recommend
that the agency, facility, or program:
      (1) consider the matter further;
      (2) modify or cancel its actions;
      (3) alter a rule, order, or internal policy; or
      (4) explain more fully the action in question.
   (g) At the office of the department of child services ombudsman's
request, the agency, facility, or program shall, within a reasonable time,
inform the office of the department of child services ombudsman about
the action taken on the recommendation or the reasons for not
complying with it.
   (h) The office of the department of child services ombudsman may

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not investigate the following:
      (1) A complaint from an employee of the department of child
      services that relates to the employee's employment relationship
      with the department of child services.
      (2) A complaint challenging a department of child services
      substantiation of abuse or neglect that is currently the subject of
      a pending administrative review procedure before the exhaustion
      of administrative remedies provided by law, rule, or written
      policy. Investigation of any such complaint received shall be
      stayed until the administrative remedy has been exhausted.
      However, if the administrative process is not completed or
      terminated within six (6) months after initiation of the
      administrative process, the office of child services ombudsman
      may proceed with its investigation.

   (i) If the office of the department of child services ombudsman does
not investigate a complaint, the office of the department of child
services ombudsman shall notify the complainant of the decision not
to investigate and the reasons for the decision.

HEA 1307
Speaker of the House of Representatives

President of the Senate

President Pro Tempore

Governor of the State of Indiana

Date:                             Time:

HEA 1307