1. (a) Before December 31 of each year, the department shall annually prepare a report concerning all child fatalities or near fatalities in Indiana that are the result of child abuse or neglect in the preceding calendar year. The report must include the following information:

   1. (1) A summary of the information gathered concerning child fatalities or near fatalities resulting from abuse or neglect.
   2. (2) Demographic information regarding victims, perpetrators, and households involved in child fatalities or near fatalities resulting from abuse or neglect.
   3. (3) An analysis of the primary risk factors involved in child fatalities or near fatalities resulting from abuse or neglect.
   4. (4) A summary of the most frequent causes of child fatalities or near fatalities resulting from abuse or neglect.

   5. (5) A description of the manner in which the information was assembled.

      The department shall post the report prepared under this section on the department's website.

2. (b) As part of the summary of information described in subsection (a)(1), the report must include the following information for each child fatality or near fatality:

   1. (1) Whether, at the time of the child's fatality or near fatality or at any time before the child's fatality or near fatality, the child was alleged or adjudicated to be a child in need of services under IC 31-34-1 or was the subject of a program of informal adjustment.

   2. (2) Whether, at the time of the event that led to the child's fatality or near fatality, the child:

      1. (A) had been ordered to remain in the child's home;
      2. (B) was on a trial home visit;
      3. (C) was placed in foster care; or
      4. (D) was residing in a residential treatment facility.

   3. (3) The following information regarding each report of known or suspected child abuse or neglect that the department received regarding the child and screened out:

      1. (A) The date on which the report was received.

      2. (B) The documented reason or reasons for:

         1. (i) the recommendation of the department's intake personnel that the report be screened out; and

         2. (ii) the approval of the recommendation under item (i) by each department supervisor, director, or other official that reviewed the recommendation.

            Names or other identifying information of department employees may be omitted or redacted from the information reported under this subdivision.

   4. (4) A detailed description of the actions taken by the department concerning the child, including the following:

      1. (A) A summary of any investigation of alleged child abuse and neglect concerning the child, including any relevant risk and safety assessment concerning the child, that was conducted by the department before the child fatality or that was ongoing at the time of the child fatality.

      2. (B) With regard to an investigation reported under clause (A) that resulted in a determination that the allegation of child abuse or neglect was unsubstantiated:

         1. (i) a narrative, chronological summary of the investigation; and

         2. (ii) the department's reasoning for determining that the allegation was unsubstantiated.

            This subdivision does not apply to a near fatality.

   5. (5) The name of the judge who presided over any detention hearing concerning the child under IC 31-34-5 the result of which was release of the child to the child's parent, guardian, or custodian.

   6. (6) If the child was the subject of one (1) or more petitions alleging that the child was a child in need of services:

      1. (A) for each child in need of services petition:

         1. (i) the allegations that prompted the filing of the child in need of services petition;
         2. (ii) a narrative, chronological summary of the child in need of services proceeding;
         3. (iii) any judicial findings that were issued by the court in the child in need of services proceeding; and
         4. (iv) a description of the disposition of the petition, including a description of the dispositional decree, if any, entered by the court; and

      2. (B) the name of the judge who presided over the most recent child in need of services proceeding concerning the child.

         This subdivision does not apply to a near fatality.

   7. (7) A summary of any child abuse and neglect investigation conducted concerning the child after the child's fatality or near fatality, including:

      1. (A) the nature and extent of the child's present and past injuries;
      2. (B) medical information pertaining to the child's fatality, if applicable; and
      3. (C) information regarding any criminal charges brought in connection with the investigation, including the name of any individual convicted of criminal charges brought in connection with the investigation.

   8. (8) What actions the department took in response to the child fatality or near fatality, including any:

      1. (A) change to policy or practice; or
      2. (B) recommendation for a change in policy, practice, or law.

   9. (9) If the child was the subject of a child in need of services proceeding and:

      1. (A) the proceeding was dismissed; or

      2. (B) the child was discharged under IC 31-34-21-11 ;

         before the child's death, a brief summary of the reasons for the court's action under clause (A) or (B).

3. (c) As part of the annual report required by subsection (a), before December 31 of each year, the department shall report the following:

   1. (1) The number of child fatalities or near fatalities in Indiana in the preceding calendar year for whom abuse or neglect was suspected to be a factor in the child fatality or near fatality.

   2. (2) The:

      1. (A) number of children described in subdivision (1) whose cause of fatality or near fatality was determined to be related to abuse or neglect; and
      2. (B) number of children described in subdivision (1) whose cause of fatality or near fatality was determined to be unrelated to abuse or neglect.
   3. (3) The number of children described in subdivision (2)(A) who were the subject of a department assessment based on an allegation of abuse or neglect.
   4. (4) The number of children described in subdivision (3) who were the subject of a department assessment based on an allegation of abuse or neglect that was determined to be substantiated.
   5. (5) The number of children described in subdivision (3) who were the subject of a department assessment based on an allegation of abuse or neglect that was determined to be unsubstantiated.

   6. (6) For each child described in subdivision (3), the following information:

      1. (A) The cause and manner of the child fatality or near fatality.

      2. (B) The:

         1. (i) number of department assessments of the child that were based on an allegation of abuse or neglect that was determined to be substantiated; and
         2. (ii) number of department assessments of the child that were based on an allegation of abuse or neglect that was determined to be unsubstantiated.
      3. (C) The child's relationship to the perpetrator or perpetrators of the abuse or neglect to which the child fatality or near fatality was determined to be related.

      4. (D) For each perpetrator described in clause (C):

         1. (i) whether, prior to the allegation of abuse or neglect to which the fatality or near fatality of the child described in subdivision (3) was related, a substantiated allegation of abuse or neglect resulted in the perpetrator being determined to have abused or neglected the child or another child;
         2. (ii) the number of substantiated reports of abuse or neglect described in item (i);
         3. (iii) whether, before the allegation of abuse or neglect to which the fatality or near fatality of the child described in subdivision (3) was related, an investigation of an allegation of abuse or neglect of the child or of another child resulted in the allegation being determined to be unsubstantiated; and
         4. (iv) the number of unsubstantiated reports of abuse or neglect described in item (iii).
4. (d) Not later than January 31 of each year, the department shall provide to the executive director of the legislative services agency, for distribution to the interim study committee on child services, a copy of the most recent annual report prepared by the department under this section. The report provided to the executive director of the legislative services agency under this subsection must be in an electronic format under IC 5-14-6 .

As added by P.L.119-2013, SEC.9. Amended by P.L.98-2019, SEC.1; P.L.148-2021, SEC.7; P.L.76-2022, SEC.2; P.L.11-2023, SEC.99; P.L.84-2026, SEC.7.