Indiana § 31-33-6-1 - Immunity from civil or criminal liability

§ 31-33-6-1. Immunity from civil or criminal liability

Sec. 1. (a) Except as provided in subsection (b) and section 2 of this chapter, a person, other than a person accused of child abuse or neglect, who:

(1) makes or causes to be made a report of a child who may be a victim of child abuse or neglect;

(2) is a health care provider and detains a child for purposes of causing photographs, x-rays, or a medical examination to be made under IC 31-33-10;

(3) makes any other report of a child who may be a victim of child abuse or neglect;

(4) participates in or assists with an investigation by the department or a law enforcement agency resulting from a report that a child may be a victim of child abuse or neglect, including by transferring photographs, x-rays, or medical examination records completed under subdivision (2);

(5) is a health care provider and provides professional intervention resulting from a report that a child may be a victim of child abuse or neglect, including:

(A) providing care or treatment to the child;

(B) participating in a case review concerning the child;

(C) providing advice or consultation concerning the child;

(D) disclosing medical records and other health information concerning the child, in accordance with federal or state law governing the disclosure of medical records;

(E) providing information to a child fatality review team; or

(F) recommending judicial action concerning a child; or

(6) participates, including testifying as a witness, in any judicial proceeding or other proceeding:

(A) resulting from a report that a child may be a victim of child abuse or neglect; or

(B) relating to the subject matter of the report;

is immune from any civil or criminal liability that might otherwise be imposed because of such actions, even if the reported child abuse or neglect is classified by the department as unsubstantiated.

(b) Subsection (a) does not apply to an action brought against a qualified health care provider for medical malpractice under IC 34-18-8.

[Pre-1997 Recodification Citation: 31-6-11-7 part.]

As added by P.L.1-1997, SEC.16. Amended by P.L.106-2018, SEC.2.