PURPOSE
The purpose of this policy is to provide practices that will protect youth and adults involved in Youth Resources programs and to ensure the proper parties are immediately notified of suspected or observed child abuse or neglect at Youth Resources functions or elsewhere in a child’s life.
SCOPE
A “minor” or a “child” means any individual under 18 years of age.
An “person involved in Youth Resources programming” is any individual employed by Youth Resources or who provides a program, activity, or service sponsored by Youth Resources, whether paid or unpaid. These individuals include youth and adults, program participants, volunteers, and independent contractors.
Indiana Law includes the following Child in Need of Services (CHINS) definitions as the basis for “child abuse and neglect (CA/N).”
Note: There are additional CHINS statutes in Indiana Code that are not included in the definition of CA/N (e.g. CHINS 6: The child substantially endangers his/her own health or the health of another individual).
This list is intended to be used by an Intake Specialist/Supervisor as a parameter to determine whether a reporter’s allegations would seem to indicate that CA/N has occurred:
CHINS 1: The child's physical or mental condition is seriously impaired or seriously endangered as a result of the parent, guardian, or custodian being unable, refusing, or neglecting to supply the child with necessary food, clothing, shelter, medical care, education, or supervision.
CHINS 2: The child's physical or mental condition is seriously impaired or seriously endangered due to an injury as a result of the parent, guardian, or custodian’s act or omission, or there is evidence that illegal manufacture of a drug or controlled substance is occurring on property where a child resides.
CHINS 3: The child is a victim of an offense listed in IC 31-34-1-3 or is living in a household with an adult who has been charged with an offense listed in IC 31- 1 If the alleged victim is over the age of 18 and is currently a ward, the reported information is forwarded to the DCS worker as an Information and Referral (I&R).
CHINS 3.5: The child is a victim of a human or sexual trafficking offense as defined in IC 31-9-2-133.1. A child is considered a victim of human or sexual trafficking regardless of whether the child consented to the conduct as defined.
CHINS 4: The child's parent, guardian, or custodian allows the child to participate in an obscene performance.
CHINS 5: The child's parent, guardian, or custodian allows the child to commit a prohibited sex offense (See Tool Sexual Offense Child Abuse and/or Neglect (CA/N) Matrix).
CHINS 6: The child substantially endangers his/her own health or the health of another individual.
CHINS 7: The child’s parent/guardian/custodian fails to participate in a school disciplinary proceeding.
CHINS 8: The child is a “missing child”. Note: This is a child who is the subject of a missing person’s report and has been found in Indiana.
CHINS 9: The child is disabled and deprived of necessary nutrition or medical intervention.
Note: According to IC 31-34-1-9, a child in need of services under CHINS 1, 2, 3, 4, 5, 6, 7, or 8 of this tool includes a child with a disability who: 1) Is deprived of nutrition that is necessary to sustain life; or 2) Is deprived of medical or surgical intervention that is necessary to remedy or ameliorate a life threatening medical condition; if the nutrition or medical or surgical intervention is generally provided to similarly situated children with or without disabilities.
CHINS 10:The child is born with fetal alcohol syndrome, neonatal abstinence syndrome or with any amount of controlled substance, a legend drug 1 or a metabolite of a controlled substance or legend drug in the child’s body, including the child’s blood, urine, umbilical cord tissue, meconium.
CHINS 11: The child has an injury, abnormal physical or psychological development, symptoms of neonatal intoxication or withdrawal or experiences risks or injuries from the mother’s use of alcohol, controlled substance or legend drug during pregnancy.
STATE LAW
Indiana is a mandatory reporting state; anyone who suspects a child has been neglected or abused must by state law make a report.
Indiana Code reference: IC 31-33-5, IC 31-33-5-1, IC 31-33-5-2, IC 31-33-5-2.5, and IC 12-17.2-3.5
Failure to make a report required by IC 31-33-5-1, IC 31-33-5-2 or IC 31-33-5-2.5 is a Class B misdemeanor under IC 31-33-22-1.
Can the person making the report remain anonymous?
State law requires DCS to protect the identity of those reporting abuse or neglect allegations. DCS keeps the name and contact information of all report sources confidential. While DCS accepts child abuse and neglect allegations from persons who wish to remain anonymous, DCS encourages individuals to provide contact information. Providing your contact information allows the family case manager who is assigned the report to follow up with additional questions if needed.
What is reasonable suspicion or “reason to believe” that neglect or abuse is happening?
"Reason to Believe" has been defined by statute as "evidence that, if presented to individuals of similar background and training, would cause the individuals to believe that a child was abused or neglected."(IC 31-9-2-101) This standard should be given a liberal interpretation and does not entitle the prospective reporter to weigh the evidence and make a determination of whether or not abuse occurred. When in doubt as to whether you have "reason to believe," make a report.
Should a person report abuse or neglect that occurred in the past?
Whether the abuse was in the past or is ongoing, it should be reported. DCS or the local Police Department will determine the need for action.
Can those who report be held liable?
A person, who, in good faith, makes a report of suspected abuse and neglect, is immune from any civil or criminal liability. Furthermore, the law presumes that the person who makes the report is acting in good faith (IC 31-33-6-3). Immunity does not extend to anyone who has acted maliciously or in bad faith (IC 31-33-6-2).
YOUTH RESOURCES POLICY
All persons involved in Youth Resources programming shall report to the DCS Hotline and Executive Director, their legal designee, or a Youth Resources employee of any good-faith suspicion or belief that any child is or has been:
- Physically or sexually abused
- Physically or emotionally neglected
- Exposed to any form of violence or threat
- Exposed to any form of sexual exploitation, including possession, manufacture, or distribution of child pornography, online solicitation, enticement, or showing of obscene material
Employees and volunteers may not abdicate this reporting responsibility.
Non-Retaliation
Any person who makes a good faith report of child abuse must not be subjected to retaliation in any form. Retaliation will be considered a violation of Youth Resources policy and will result in serious disciplinary action, up to or including dismissal for an employee, volunteer, or student participant.
Video training: https://reportchildabuse.dcs.in.gov/
TIMING
If you are calling regarding an emergency situation or if you believe the victim is in imminent danger, please dial 911 immediately. In this situation, do not wait for someone else to make the call. Your call may be the critical first step in protecting a child.
- Ensure the child is in a safe environment.
- Notify the Executive Director, their legal designee, or a Youth Resources employee.
- Call the Indiana Department of Child Services' Child Abuse and Neglect Hotline today. It is available 24 hours a day, 7 days a week, including weekends and holidays. You can report abuse and neglect anonymously
- 1-800-800-5556
- The Executive Director or their designee should be present for the call if possible unless the Executive Director or their designee is the alleged perpetrator.
PREPARE TO MAKE A REPORT
What will I need to provide when making a report?
If you call to make a report, an intake specialist will ask for information about the circumstances creating a risk of harm to the child including:
- Who was involved
- What occurred
- When and where it occurred
- The extent of any injuries sustained
- Any other relevant information
- You may be asked for detailed information for the child, parent and alleged perpetrator including:
- Names
- Addresses
- Phone numbers
Even if you are unable to provide all of the information, please contact the hotline to make a report if you suspect a child is a victim of abuse or neglect.
What if I call the hotline and I have to wait?
If you find yourself on hold, please do not hang up. Your call will be answered by the next available intake specialist. If all lines are busy, please call 1-833-800-5556.