PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that Engrossed Senate Bill 286 be amended to read as follows:
SOURCE: Page 30, line 12; (12)MO028638.30. -->
Page 30, between lines 12 and 13, begin a new paragraph and insert:
SOURCE: IC 31-33-18-1; (12)MO028638.33. -->
"SECTION 33. IC 31-33-18-1, AS AMENDED BY
P.L.182-2009(ss), SECTION 378, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) Except as
section sections 1.5 and 1.8 of this chapter, the following
(1) Reports made under this article (or IC 31-6-11 before its
(2) Any other information obtained, reports written, or
photographs 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 established
by IC 4-13-19-3.
(b) Except as provided in section 1.5 of this chapter, all records held
(1) the division of family resources;
(2) a county office;
(3) the department;
(4) a local child fatality review team established under
(5) the statewide child fatality review committee established
under IC 31-33-25; or
(6) the department of child services ombudsman established by
regarding the death of a child determined to be a result of abuse,
abandonment, or neglect are confidential and may not be disclosed.
SOURCE: IC 31-33-18-1.8; (12)MO028638.34. -->
SECTION 34. IC 31-33-18-1.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1.8. A prosecuting attorney
is entitled to an unredacted copy of any department record
concerning a child who:
(2) has resided; or
(3) has been involved in an incident that the department has
in the prosecuting attorney's county.
SOURCE: IC 31-33-18-2; (12)MO028638.35. -->
SECTION 35. IC 31-33-18-2, AS AMENDED BY
P.L.182-2009(ss), SECTION 380, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. 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) A police or other law enforcement agency
or coroner in the case of the death of a child who is
investigating a report of a child who may be a victim of child
abuse or neglect.
(4) A physician who has before the physician a child whom the
physician reasonably suspects may be a victim of child abuse or
(5) An individual legally authorized to place a child in protective
(A) the individual has before the individual a child whom the
individual reasonably suspects may be a victim of abuse or
(B) the individual requires the information in the report or
record to determine whether to place the child in protective
(6) An agency 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 parent, guardian, custodian, or other person who is
responsible for the child's welfare.
(7) 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) 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
(9) 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) A grand jury upon the grand jury's determination that access
to the records is necessary in the conduct of the grand jury's
(11) An appropriate state or local official responsible for child
protection services or legislation carrying out the official's official
(12) A foster care review board established by a juvenile court
under IC 31-34-21-9 (or IC 31-6-4-19 before its repeal) upon the
court's determination that access to the records is necessary to
enable the foster care review board to carry out the board's
purpose under IC 31-34-21.
(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.
(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
(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.
(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).
(16) A local child fatality review team established under
(17) The statewide child fatality review committee established by
(18) The department.
(19) The division of family resources, if the investigation report:
(A) is classified as substantiated; and
(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.
(20) A citizen review panel established under IC 31-25-2-20.4.
(21) The department of child services ombudsman established by
Renumber all SECTIONS consecutively.
(Reference is to ESB 286 as printed February 24, 2012.)
MO028638/DI 107 2012