Kids’ Voice of Indiana
Board of Directors 2014-2016
President
John Henning, Attorney
Ogletree Deakins
April 4, 2014
Re: Change in child abuse reporting law
Vice President
Mallory Phanco, Manager of External
Reporting,, hh gregg
Secretary
Denise Hayden – Attorney
Treasurer
Louis Hensley, VP Corporate Banking
National Bank of Indianapolis
Gary Stage, Attorney
Fleming Stage, LLC
Irene Matney, Director
HR Shared Services Veolia Water
Ylanda Gadis
Amanda Hutchison-Senior Manager
Defender Direct
Scott Rohlman –Legal Assistant Student
Jeremiah Shives – Deputy General Counsel
Remy International
Linda Bright – Consultant – IPS
Dear Kids’ Voice GAL Volunteer,
I am writing to inform you of a change in the case law regarding Indiana’s child
abuse and neglect reporting law. The change affects situations on GAL cases
when you may need to report child abuse or neglect. As you know, anyone who
has “reason to believe” that a child is a “victim of child abuse or neglect” shall
immediately make an oral report to the Department of Child Services (DCS) or to
local law enforcement. (IC 31-33-5-4). The DCS Hotline number for reporting child
abuse or neglect is 1-800-800-5556. The person making the report should, if
possible, plan to have the address and phone number of the custodial parent or
guardian and the child’s full name and birth date available in order to make the
report.
Michael A Wukmer – Ice Miller, LLP
Jessica Aldridge – Erie Insurance
Bradford Addison Ph.D –Partner
Life Science Practice Group Chair
Barnes & Thornburg
Julie Pinkus – Attorney
Pinkus & Pinkus
Michael Manross-Strategy Director
The McGlown Group
John E Loughery-Regional Sales Director
Straumann USA
Advisory Board 2014-2016
Anthony Castonzo
Offensive Tackle
Indianapolis Colts
Bruce & Chris Arians
Arizona Cardinals
Jeff Saturday-Retired
Indianapolis Colts
Paul Rothwell – Vice President
Smart IT Staffing
Clyde Powers – Scout - Carolina
Greg Stanley, Managing Director
Price Waterhouse
Larry Marietta—CPA
Marietta Financial Services
James Masur II, Attorney
Robert W. York & Associates
Helen Zimmerman
Special Projects-Kevo, Inc
Michelle Stephens, Customer Service
Manager-Monarch Beverage
Deb Agard, Attorney
Law Office of Deborah M. Agard
Smith v. State, issued by the Indiana supreme Court on March 27, 2014, upheld
Smith’s, a school administrator’s, class B misdemeanor conviction for failure to
report an allegation of child abuse to the DCS Hotline or law enforcement. Smith
was required to pay a fine and perform community service. The Court
determined that there was sufficient evidence that Smith had reason to believe
that the child was a victim of rape, despite Smith’s doubts as to the child’s
truthfulness. (p.24). It was not Smith’s responsibility to investigate the child’s
claims. (p.35). The Court also opined that the duty to report for school and
medical officials is significantly stricter. (p.26). The child was already a CHINS, and
Smith’s call to the facility where the child lived did not satisfy the reporting
statute, even though DCS received actual notice from the facility within forty
minutes. (p.31). When Smith did call the DCS child abuse Hotline, it was four
hours after the child first reported her rape, during which time, Smith preformed
several unrelated ministerial duties; this delay was too long. (p.36).
It is possible that this case is now somewhat unique, because the General
Assembly amended the reporting statutes, removing “need care, treatment,
rehabilitation, or the coercive intervention of the court” from the definition of
child abuse (IC 31-9-2-14) and “victim of child abuse” (IC 31-9-2-133) in 2012.
Please note that under these statutory changes, a report of child abuse or neglect
needs to be made even if a child who fits the definition of a victim of child abuse
does not need “care, treatment, rehabilitation, or the coercive intervention of the
court.”
Use your own discretion in deciding whether to immediately report child abuse or
neglect to the DCS Hotline or law enforcement. Please note that the Smith Court did opine that “[the
9150 Harrison Park Court – Suite C * Indianapolis, IN 46216
Programs: Bette J. Dick GAL for Kids * Supervised Parent-Child Visitation * Derelle Watson-Duvall Children’s Law Center of Indiana
Ph: 317-558-2870 * Fax: 317-558-2945 * Email: info@kidsvoicein.org * Website: www.kidsvoicein.org
statutory scheme] is designed, if anything, to err on the side of overreporting suspected child abuse or
neglect.” (p.22) (emphasis in original). If you believe a report is necessary, please do not delay in reporting.
Even if there is an open DCS investigation, please make a new report to the Hotline on new instances of
suspected child abuse or neglect, not to the caseworker. If you do know the caseworker’s name, you can give
that information to the Hotline. There is no need to discuss the decision to report with a Kids’ Voice attorney
before reporting. The Kids’ Voice attorney assigned to your GAL case would appreciate being informed that
you have made a report after you have done so, and you are of course always welcome to call the Kids’ Voice
attorney for advice.
If you have questions about this letter or about child abuse reporting law, call Lindsay Faulkenberg (ext. 333),
Katherine Meger Kelsey (ext. 334), Jenna Heavner (ext. 357), or Derelle Watson-Duvall (ext. 323) for further
explanation.
Thank you for all you do for children!
Sincerely,
Katherine Meger Kelsey
Attorney for Kids’ Voice
9150 Harrison Park Court – Suite C * Indianapolis, IN 46216
Programs: Bette J. Dick GAL for Kids * Supervised Parent-Child Visitation * Derelle Watson-Duvall Children’s Law Center of Indiana
Ph: 317-558-2870 * Fax: 317-558-2945 * Email: info@kidsvoicein.org * Website: www.kidsvoicein.org