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Bill > HB1128


IN HB1128

IN HB1128
Reporting of child abuse or neglect.


summary

Introduced
01/10/2023
In Committee
01/19/2023
Crossed Over
Passed
Dead
04/28/2023

Introduced Session

2023 Regular Session

Bill Summary

Reporting of child abuse or neglect. Provides that coaches and athletic facility staff members have a duty to report child abuse to: (1) the department of child services (department) or the local law enforcement agency; and (2) the individual in charge of the school or athletic facility. Provides that the individual in charge of the school or athletic facility has a duty to report or cause the child abuse to be reported. Provides that a criminal investigation under this law does not affect a victim's right to seek civil remedies. Requires that if a report alleges that a youth coach is the abuser, the department shall investigate the school or athletic facility to determine whether the school or athletic facility reasonably should have known that the alleged abuse was happening. Provides that in determining whether the school or athletic facility reasonably should have known, the department may consider: (1) whether there have been previous allegations against the coach; (2) whether there are disciplinary records for the coach involving inappropriate behavior with a minor; and (3) whether the school or athletic facility properly reported any previous allegations against the coach or disciplinary records involving the coach's inappropriate behavior with a minor. Raises the penalty for failure to report to a Level 5 felony. (Under current law, it is a Class B misdemeanor.)

AI Summary

This bill makes several key changes to the reporting requirements for child abuse or neglect in Indiana: 1. It establishes a new duty for coaches and athletic facility staff members to immediately report suspected child abuse or neglect to the Department of Child Services (DCS) or local law enforcement, as well as to the individual in charge of the school or athletic facility. The individual in charge also has a duty to report the abuse or ensure it is reported. 2. If a report alleges that a youth coach is the abuser, the DCS must investigate the school or athletic facility to determine whether they should have reasonably known about the alleged abuse, considering factors such as previous allegations or disciplinary records against the coach. 3. The penalty for failing to report suspected child abuse or neglect is increased from a Class B misdemeanor to a Level 5 felony. 4. The bill clarifies that a criminal investigation for failing to report does not prevent the victim or their parents from seeking civil remedies. Overall, the bill aims to strengthen child abuse reporting requirements, particularly in the context of youth sports and athletic programs, and increase accountability for those who fail to report suspected abuse.

Committee Categories

Education, Justice

Sponsors (4)

Last Action

Representative Bartlett added as coauthor (on 01/24/2023)

Bill Topics

Law, Crime, and Family Issues
  • ‐ Child Abuse and Child Custody
  • ‐ Criminal and Juvenile Delinquent Prosecution, Procedure, and Sentencing

bill text


bill summary

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bill summary

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bill summary

Document Type Source Location Created
State Bill Page https://iga.in.gov/legislative/2023/bills/house/1128/ 01/09/2023
BillText https://iga.in.gov/static-documents/2/1/0/0/2100e749/HB1128.01.INTR.pdf 01/09/2023
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