31-33-5-1: Duty to make report

Sec. 1. In addition to any other duty to report arising under this article, an individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report as required by this article.

31-33-5–2: Report; notification of individual in charge of institution, school, facility, or agency

Sec. 2. (a) This section does not apply to an individual required to make a report under this article in the individual’s capacity as a member of the staff of a hospital licensed under IC 16-21-2. An individual required to make a report under this article in the individual’s capacity as a member of the staff of a hospital licensed under IC 16-21-2 is subject to section 2.5 of this chapter.

(b) If an individual is required to make a report under this article in the individual’s capacity as a member of the staff of a medical or other public or private institution, school, facility, or agency, the individual shall immediately make a report to:

(1) the department; or

(2) the local law enforcement agency.

After making the report, the individual shall notify the individual in charge of the institution, school, facility, or agency or the designated agent of the individual in charge of the institution, school, facility, or agency that the report was made.

31-33-5-2.5: Notification of individual in charge of hospital; report

Sec. 2.5. (a) This section applies only to an individual required to make a report under this article in the individual’s capacity as a member of the staff of a hospital licensed under IC 16-21-2.

(b) If an individual is required to make a report under this article in the individual’s capacity as a member of the staff of a hospital licensed under IC 16-21-2, the individual shall immediately notify the individual in charge of the hospital or the designated agent of the individual in charge of the hospital.

(c) An individual notified under subsection (b) shall immediately report or cause a report to be made to:

(1) the department; or

(2) the local law enforcement agency.

31-33-5-3: Effect of compliance on individual’s own duty to report

Sec. 3. This chapter does not relieve an individual of the obligation to report on the individual’s own behalf, unless a report has already been made to the best of the individual’s belief.

31-33-5-4: Immediate oral or written report to department of child services or law enforcement agency

Sec. 4. A person who has a duty under this chapter to report that a child may be a victim of child abuse or neglect shall immediately make an oral or written report to:

(1) the department; or

(2) the local law enforcement agency.

31-33-5-5: Prohibition on policy that restricts or delays an individual’s duty to report

Sec. 5. (a) This section does not apply to a hospital licensed under IC 16-21-2.

(b) A medical institution or other public or private institution, public or nonpublic school, school corporation, facility, or agency may not establish any policy that restricts or delays the duty of an employee or individual to report under this chapter.

31-33-22-1: Failure to make report

Sec. 1. (a) A person who knowingly fails to make a report required by IC 31-33-5-1 commits a Class B misdemeanor.
(b) A person who knowingly fails to make a report required by IC 31-33-5-2 or IC 31-33-5-2.5 commits a Class B misdemeanor. This penalty is in addition to the penalty imposed by subsection (a).