Under Indiana law, anyone “who has reason to believe that a child is a victim of child abuse or neglect shall make a report” to either the Indiana Department of Child Services (DCS) or a law enforcement agency.[i] If someone fails to make a report when they should, it is a class B misdemeanor, and the local prosecutor can file criminal charges which may result in a fine of up to $10,000 and up to 180 days in prison.[ii] This sounds overwhelming, but criminal charges for failure to report child abuse usually only happens when it was fairly clear that there was child abuse or neglect. There are numerous instances when it’s unclear whether someone has a “reason to believe” that there is child abuse or neglect occurring and a has a duty to report it.

What does it mean to have a “reason to believe” someone committed child abuse or neglect?

Indiana law says that you do not need actual knowledge of child abuse or neglect (e.g. a confession) to have a duty to report.[iii] You do not even need a “high level of certainty” that the child abuse or neglect occurred to have a duty to report.[iv] Instead, “reason to believe,” means that if another person with “similar background and training” was presented with the same information that you had, and that evidence would cause that individual “to believe that a child was abused or neglected,” then you also have a reason to believe that child abuse or neglect occurred.[v] This is meant to encourage the over-reporting of child abuse or neglect, rather than under-reporting.[vi]

There are several professions that work with children and are faced with the question of whether they need to report child abuse or neglect, including: counselors, daycare workers, teachers, social worker, occupational therapist, and more. Our firm can provide advice on particular situations and provide training on this issue to professionals in your field. Call or email our office to learn more.

You can learn more about reporting child abuse or neglect on this DCS website.

What about people who falsely report child abuse or neglect?

Although Indiana sets a high expectation for reporting child abuse or neglect, there are also serious repercussions if someone intentionally reports child abuse or neglect that they know is false. Someone who “intentionally communicates” to DCS or law enforcement a “report of child abuse or neglect knowing the report to be false commits a Class A misdemeanor.”[vii] Being convicted of a class A misdemeanor can result in a fine of up to $5,000 and up to 1 year of imprisonment.[viii]

In addition to a potential criminal conviction, someone who falsely reports child abuse or neglect may also be sued in a civil case, i.e. lawsuit.[ix] The person who was falsely accused can obtain actual damages (i.e. money) for the harm they caused, punitive damages, and attorney fees against the person who filed the false report.[x] However, the victim of the false report will only be able to obtain such damages and fees if they can prove to a judge or jury that the person knowingly made a false report.

What happens if someone accuses me of committing child abuse or neglect?

If you are faced with an allegation of child abuse or neglect, the Department of Child Services will file an administrative case to have your name added to the child protection index (CPI), which will prevent you from holding certain jobs that work with children and may affect your ability to adopt. If the allegations are severe, there may also be criminal charges filed against you.

If DCS substantiates a claim of child abuse or neglect against you, then you will receive a notice from DCS about this substantiation. You can then challenge this substantiation and have your name removed from the CPI index by seeking administrative review of DCS’s decision. This involves an administrative hearing before the Office of Administrative Law Proceedings (OALP) which is a process that can last several months.

If you are looking to challenge a substantiation of child abuse or neglect, reach out to our firm by phone or email, to see how we can help you.

Important: The information in this post is for informational purposes only and should not be taken as legal advice for a particular situation.

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[i] Ind. Code § 31-33-5-1

[ii] Ind. Code §§ 31-33-22-1, 35-50-3-3

[iii] Sprunger v. Egli, 44 N.E.3d 690, 693 (Ind. Ct. App. 2015)

[iv] Sprunger, 44 N.E.3d at 693.

[v] Ind. Code § 31-9-2-101

[vi] Sprunger, 44 N.E.3d at 693

[vii] Ind. Code § 31-33-22-3(a)

[viii] Ind. Code § 35-50-3-2

[ix] Ind. Code § 31-33-22-3(b)

[x] Ind. Code § 31-33-22-3(b)