Tippecanoe County Prosecutor's Office

In Indiana, an individual must make a report to the Department of Child Services or a local police department if he/she has reason to believe that a child is the victim of child abuse or child neglect. Said report must be made immediately

(Indiana Code 31-33-5-1)

Despite an employer possessing an established protocol for reporting child abuse or neglect with the organization’s chain of command, an individual employed by that employer must immediately first make a report to the Department of Child Services or a local police department if he/she has a reason to believe that a child is the victim of child abuse or child neglect. Only then, the individual shall notify the employer that a report was made. For example, if school protocol requires teachers to report all suspected child abuse or neglect to the principal, then a teacher must immediately first make a report to the Department of Child Services or a local police department. Only then shall the teacher notify the principal he/she made a report.

(I.C. 31-33-5-2)

An individual has an obligation to make a report to Indiana Department of Child Services or a local police department on the individual’s own behalf unless a report has already been made to the best of the individual’s belief. For example, a teacher as a citizen, has a duty to report despite their position in a school corporation, unless to the best of the teacher’s belief, a report was already made by another individual.

(I.C. 31-33-5-3)

A 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 make a report of child abuse or child neglect to the Indiana Department of Child Services or a local police department.

(I.C. 31-33-5-5)

An individual making a report of suspected child abuse or neglect is presumed to be acting in good faith, and is immune from civil or criminal liability that might otherwise be impose because of such action.

(I.C. 31-33-6-1 & 3)

An individual who knowingly fails to report child abuse or neglect commits a Class B misdemeanor, which is punishable by up to 180 days in jail. This crime can be charged whether the individual fails to fulfill his/her individual duty to report or fails to notify his/her employer according to his/her employer’s protocol.

(I.C. 31-33-22-1)

When you suspect child abuse or neglect, please follow these instructions:

1. Immediately make a report with the Department of Child Services or the police department where the abuse occurred.
2. Do not attempt to investigate the allegations.
3. Do not ask the child any additional questions.
4. Do not notify anyone of the suspected abuse or neglect other than local police departments or the Department of Child Services; and subsequently, only the individual required by your employer’s protocol

Failing to Follow these instructions can put the child at risk of being further abused or neglected.

What information do I need to provide when making a report?

1. Child’s name

What information is helpful to provide when making a report?

1. Child’s age, address, school, etc.
2. Child’s parent or guardian
3. The type of abuse or neglect that occurred, such as physical abuse, sexual abuse, or neglect
4. When the abuse or neglect occurred
5. How you learned of the abuse or neglect
6. If known, the alleged perpetrator’s name, age, address, and relationship to the child

If you are unable to provide all of the information listed above, you still need to report the abuse or neglect.

It is the responsibility of the police and the Department of Child Services to investigate the report and fill in the details that were unknown to the reporter.