Indiana requires public reports on child deaths and life threatening injuries

The department must promptly share information with the public about child abuse or neglect cases that result in a child’s death or near fatality. These rules cover cases of child abuse or neglect that result in a child fatality or near fatality. A near fatality is a severe childhood injury or condition that a physician certifies as life threatening. The department must protect the identity of people who report abuse or neglect and potential child victims of an alleged perpetrator. Before providing additional information requested by someone, the department must notify and consult the prosecutor, then provide as much information as possible. The prosecutor may flag specific, material harm to an investigation or prosecution. For a child’s death, the listed preliminary information includes the child’s name; for a near fatality, it includes the child’s age and gender. Arrest details are included after an arrest unless disclosure would violate a victim’s privacy. Within 90 days after completing its report on a case, the department must give the public a summary report.

The department must provide requested child abuse or neglect information to state legislators and release specified information to news media. A state legislator means an Indiana member of Congress or a member of the Indiana General Assembly acting in an official role. The legislator may request department records, including unredacted records and safe system reviews. A state legislator may not share an unredacted record with someone else unless doing so serves a legitimate government purpose to protect children from abuse or neglect. For news media requests about a child’s suspected abuse or neglect death, the department must release the listed information to the extent it knows it. It may also share limited factual details to confirm, clarify, correct, or add to information about an incident already made public by another source. For news media requests about a child’s suspected abuse or neglect death, the department must release the listed information within five business days, or 10 business days for complex cases.

The department must include more case details in its annual report on child fatalities and near fatalities resulting from abuse or neglect. The department’s report covers Indiana child fatalities and near fatalities resulting from abuse or neglect in the preceding calendar year. The report must include information about screened-out reports, including dates and documented reasons for the screening recommendation and its approval. Employee names and other identifying information may be omitted or redacted. For certain case histories, including summaries of court proceedings and unsubstantiated investigations, the text provides that the reporting requirement does not apply to near fatalities. The department must prepare and post the report by December 31 each year, covering the preceding calendar year.