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Ind. Code § 31-33-6-1

Immunity from civil or criminal liability

Applied in 6 court decisions — leading case Ballaban v. Bloomington Jewish Community, Inc. (2013)

Most recently applied in Paul Gresk, Trustee for the Bankruptcy Estate of Derek VanWinkle and Stacey VanWinkle on behalf of M v. and A v. their minor children v. Cortney Demetris, M.D. (May 2018)

As added by P.L.1-1997, SEC.16

How often courts cite this section

2010201820
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.