Section 31-33-18-1.5 - Written findings; copies to the department of child services; certain records held by governmental entities not confidential if redacted; procedure for redacting records(a) This section applies to records held by:(3) the department of child services ombudsman established by IC 4-13-19-3; regarding a child whose death or near fatality may have been the result of abuse, abandonment, or neglect.
(b) For purposes of subsection (a), a child's death or near fatality may have been the result of abuse, abandonment, or neglect if:(1) an entity described in subsection (a) determines that the child's death or near fatality is the result of abuse, abandonment, or neglect; or(2) a prosecuting attorney files: (A) an indictment or information; or(B) a complaint alleging the commission of a delinquent act; that, if proven, would cause a reasonable person to believe that the child's death or near fatality may have been the result of abuse, abandonment, or neglect.
Upon the request of any person, or upon its own motion, the court exercising juvenile jurisdiction in the county in which the child's death or near fatality occurred shall determine whether the allegations contained in the indictment, information, or complaint described in subdivision (2), if proven, would cause a reasonable person to believe that the child's death or near fatality may have been the result of abuse, abandonment, or neglect.
(c) If the juvenile court finds that the child's death or near fatality was the result of abuse, abandonment, or neglect, the court shall make written findings and provide a copy of the findings and the indictment, information, or complaint described under subsection (b)(2) to the department.(d) As used in this section: (1) "case" means: (A) any intake report or other documentation such as a referral or other matter received or generated by the department; (B) any investigation or assessment conducted by the department; or(C) ongoing involvement between the department and a child or family that is the result of: (i) a program of informal adjustment; or(ii) a child in need of services action; for which related records and documents have not been expunged as required by law or by a court at the time the department is notified of a fatality or near fatality;
(2) "contact" means in person communication about a case in which:(A) the child who is the victim of a fatality or near fatality is alleged to be a victim; or(B) the perpetrator of the fatality or near fatality is alleged to be the perpetrator;(3) "identifying information" means information that identifies an individual, including an individual's: (A) name, address, date of birth, occupation, place of employment, and telephone number;(B) employer identification number, mother's maiden name, Social Security number, or any identification number issued by a governmental entity;(C) unique biometric data, including the individual's fingerprint, voice print, or retina or iris image;(D) unique electronic identification number, address, or routing code;(E) telecommunication identifying information; or(F) telecommunication access device, including a card, a plate, a code, an account number, a personal identification number, an electronic serial number, a mobile identification number, or another telecommunications service or device or means of account access;(4) "life threatening" means an injury or condition that is categorized as "serious" or "critical" in patient hospital records; and(5) "near fatality" means a severe childhood injury or condition that is certified by a physician as being life threatening.(e) Unless: (1) a police investigation or criminal prosecution is ongoing; or(2) information in a record is otherwise confidential under state or federal law; a record described in subsection (a) that has been redacted in accordance with this section is not confidential and may be disclosed to any person who requests the record. The person requesting the record may be required to pay the reasonable expenses of copying the record.
(f) When a person requests a record described in subsection (a), the entity having control of the record shall immediately transmit a copy of the record to the court exercising juvenile jurisdiction in the county in which the death or near fatality of the child occurred. However, if the court requests that the entity having control of a record transmit the original record, the entity shall transmit the original record.(g) Upon receipt of the record described in subsection (a), the court shall, within thirty (30) days, redact the record to exclude:(1) identifying information described in subsection (d)(3)(B) through (d)(3)(F) of a person; and(2) all identifying information of a child less than eighteen (18) years of age.(h) The court shall disclose the record redacted in accordance with subsection (g) to any person who requests the record, if the person has paid:(1) to the entity having control of the record, the reasonable expenses of copying under IC 5-14-3-8; and(2) to the court, the reasonable expenses of copying the record.(i) The data and information in a record disclosed under this section must include the following: (1) A summary of the report of abuse or neglect and a factual description of the contents of the report.(2) The age and gender of the child.(3) The cause of the fatality or near fatality, if the cause has been determined.(4) Whether the department had any contact with the child or the perpetrator before the fatality or near fatality, and, if the department had contact, the following:(A) The frequency of the contact with the child or the perpetrator before the fatality or near fatality and the date on which the last contact occurred before the fatality or near fatality.(B) A summary of the status of the child's case at the time of the fatality or near fatality, including: (i) whether the child's case was closed by the department before the fatality or near fatality; and(ii) if the child's case was closed as described under item (i), the date of closure and the reasons that the case was closed.(j) The court's determination under subsection (g) that certain identifying information or other information is not relevant to establishing the facts and circumstances leading to the death or near fatality of a child is not admissible in a criminal proceeding or civil action.Amended by P.L. 77-2023,SEC. 9, eff. 7/1/2023.Amended by P.L. 40-2019,SEC. 2, eff. 4/18/2019.Amended by P.L. 23-2016, SEC. 1, eff. 7/1/2016.Amended by P.L. 119-2013, SEC. 11, eff. 7/1/2013.Amended by P.L. 128-2012, SEC. 154, eff. 7/1/2012.Amended by P.L. 162-2011, SEC. 46, eff. 7/1/2011.As added by P.L. 70-2004, SEC.15. Amended by P.L. 234-2005, SEC.154; P.L. 145-2006, SEC.284; P.L. 131-2009, SEC.52; P.L. 182-2009 (ss), SEC.379.