summary
Introduced
01/10/2023
01/10/2023
In Committee
01/10/2023
01/10/2023
Crossed Over
Passed
Dead
04/28/2023
04/28/2023
Introduced Session
2023 Regular Session
Bill Summary
Child fatality information. Provides that the department of child services (department) shall disclose to the public certain information regarding child fatalities or near fatalities. Provides that, upon request, the department shall provide additional information regarding cases of child fatalities or near fatalities after consulting with the county attorney about the potential for specific, material harm to a criminal investigation or prosecution. Allows a person to bring a cause of action to seek judicial review of the department's decision not to disclose additional information. Makes technical and conforming changes.
AI Summary
This bill amends existing laws to provide greater transparency regarding child fatalities or near fatalities that may have resulted from abuse, abandonment, or neglect. The key provisions are:
1) The Department of Child Services (DCS) must promptly disclose certain preliminary information to the public when a child fatality or near fatality occurs, including the child's name, age, gender, county/location, and details about past abuse/neglect reports and DCS involvement.
2) If additional information is requested, DCS must consult with the county attorney to determine if release would harm a criminal investigation or prosecution before providing as much additional information as possible.
3) Individuals can seek judicial review if they believe the county attorney has not demonstrated that specific information would cause harm and DCS has wrongfully withheld it.
4) Within 90 days, DCS must provide a public summary report detailing its response and actions taken, as well as additional context about the case, such as prior DCS involvement and services provided.
The goal of the bill is to increase transparency and public access to information regarding child fatalities or near fatalities that may be related to abuse or neglect.
Committee Categories
Education
Sponsors (4)
Last Action
Representative Jackson added as coauthor (on 01/12/2023)
Bill Topics
Civil Rights, Minority Issues, and Civil Liberties
- ‐ Right to Privacy and Access to Government Information
Law, Crime, and Family Issues
- ‐ Child Abuse and Child Custody
Official Document
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/1189/ | 01/10/2023 |
| BillText | https://iga.in.gov/static-documents/7/c/e/3/7ce31782/HB1189.01.INTR.pdf | 01/10/2023 |
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