Bill Text: IN HB1422 | 2011 | Regular Session | Introduced
Bill Title: Notice to parent, guardian, or custodian.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-05-16 - Effective 07/01/2011 [HB1422 Detail]
Download: Indiana-2011-HB1422-Introduced.html
Citations Affected: IC 5-2-18; IC 31-33-7-7.
Synopsis: Notice to parent, guardian, or custodian. Requires a law
enforcement agency that is actively involved in investigating a report
of child abuse or neglect or a crime in which a child has been named
in the written report of the crime as the perpetrator, victim, or witness,
to: (1) make a reasonable attempt to notify the parent, guardian, or
custodian of the child about the report; and (2) send a copy of the
victim rights statutes to the parent, custodian, or guardian of the child;
unless the parent, guardian, or custodian is the alleged perpetrator.
Requires that, after the department of child services receives a report
from a law enforcement agency that a child may be a victim of child
abuse or neglect, the department contact the law enforcement agency
to confirm that the department received the report.
Effective: July 1, 2011.
January 18, 2011, read first time and referred to Committee on Family, Children and
Human Affairs.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Chapter 18. Requirement to Notify Parent, Guardian, or Custodian of a Child
Sec. 1. As used in this chapter, "child" means a person who is less than eighteen (18) years of age.
Sec. 2. As used in this chapter, "law enforcement agency" has the meaning set forth IC 5-2-17-2.
Sec. 3. If a child is named in a written report of a crime as a perpetrator, victim, or witness, the law enforcement agency actively involved in investigating the crime shall:
(1) make a reasonable attempt to notify the parent, guardian, or custodian of the child about the child's involvement in the crime as the perpetrator, victim, or witness; and
(2) send a copy of the victim rights laws under IC 35-40 to the parent, guardian, or custodian of the child.
Sec. 4. A law enforcement agency is not required to notify or send a letter to the parent, guardian, or custodian of a child under section 3 of this chapter if the parent, guardian, or custodian is the alleged perpetrator of the crime.
(1) immediately communicate the report to the department, whether or not the law enforcement agency has reason to believe there exists an imminent danger to the child's health or welfare; and
(2) conduct an immediate, onsite assessment of the report along with the department whenever the law enforcement agency has reason to believe that an offense has been committed.
(b) In all cases, the law enforcement agency shall forward any information, including copies of assessment reports, on incidents of cases in which a child may be a victim of child abuse or neglect, whether or not obtained under this article, to:
(1) the department; and
(2) the juvenile court under IC 31-34-7.
(c) If the department receives a report from a law enforcement agency under subsection (a), the department shall contact the law enforcement agency to confirm that the department received the report.
(d) A law enforcement agency that is actively involved in investigating a report that a child may be a victim of child abuse or neglect shall:
(1) make a reasonable attempt to notify the parent, guardian, or custodian of the child about the report; and
(2) send a copy of the victim rights laws under IC 35-40 to the parent, guardian, or custodian of the child.
(e) A law enforcement agency is not required to notify or send a letter to the parent, guardian, or custodian of a child under subsection (d) if the parent, guardian, or custodian is the alleged perpetrator of the child abuse or neglect.
