HB 1264

                                                 *HB1264.1*
                                                                 January 14, 2026
            HOUSE BILL No. 1264
                  _____
   DIGEST OF HB 1264 (Updated January 14, 2026 9:26 am - DI 119)
Citations Affected: IC 31-9; IC 31-33.
Synopsis: Child fatality information. Provides that the department of
child services (department) shall disclose to the public certain
information regarding child fatalities or near fatalities. Provides that,
upon request, the department may provide additional information
regarding cases of child fatalities or near fatalities subject to certain
requirements. Makes technical and conforming changes.
Effective: July 1, 2026.
                                  Lauer
January 6, 2026, read first time and referred to Committee on Family, Children and Human
Affairs.
January 14, 2026, amended, reported — Do Pass.
HB 1264—LS 6882/DI 148
                                                                             January 14, 2026
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1264
    A BILL FOR AN ACT to amend the Indiana Code concerning
 family law and juvenile law.
     Be it enacted by the General Assembly of the State of Indiana:
1     SECTION 1. IC 31-9-2-81.7 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2026]: Sec. 81.7. "Near fatality", for purposes of IC 31-33-18.5,
4 means a severe childhood injury or condition that is certified by a
5 physician as being life threatening.
6     SECTION 2. IC 31-33-18-1, AS AMENDED BY P.L.77-2023,
7 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2026]: Sec. 1. (a) Except as provided in section 1.5 of this
9 chapter and IC 31-33-18.5, the following are confidential:
10      (1) Reports made under this article (or IC 31-6-11 before its
11      repeal).
12      (2) Any other information, documents, reports, pictures, videos,
13      images, or recordings obtained, possessed, produced, or created
14      by:
15(A) the division of family resources;
16(B) the local office;
17(C) the department; or
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1(D) the department of child services ombudsman established
2by IC 4-13-19-3;
3      concerning a child or family with whom the department has
4      received a report or referral or has been involved with during any
5      stage of the department's investigation, including post-assessment
6      or post-adoption activity.
7    (b) Except as provided in section 1.5 of this chapter and
8 IC 31-33-18.5, all records held by:
9      (1) the division of family resources;
10      (2) a local office;
11      (3) the department;
12      (4) a local child fatality review team established under
13      IC 16-49-2;
14      (5) the statewide child fatality review committee established
15      under IC 16-49-4; or
16      (6) the department of child services ombudsman established by
17      IC 4-13-19-3;
18 regarding the death of a child determined to be a result of abuse,
19 abandonment, or neglect are confidential and may not be disclosed.
20    SECTION 3. IC 31-33-18-1.5, AS AMENDED BY P.L.77-2023,
21 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2026]: Sec. 1.5. (a) This section applies to records held by:
23      (1) a local office;
24      (2) the department; or
25      (3) the department of child services ombudsman established by
26      IC 4-13-19-3;
27 regarding a child whose death or near fatality may have been the result
28 of abuse, abandonment, or neglect.
29    (b) For purposes of subsection (a), a child's death or near fatality
30 may have been the result of abuse, abandonment, or neglect if:
31      (1) an entity described in subsection (a) determines that the child's
32      death or near fatality is the result of abuse, abandonment, or
33      neglect; or
34      (2) a prosecuting attorney files:
35(A) an indictment or information; or
36(B) a complaint alleging the commission of a delinquent act;
37      that, if proven, would cause a reasonable person to believe that
38      the child's death or near fatality may have been the result of
39      abuse, abandonment, or neglect.
40 Upon the request of any person, or upon its own motion, the court
41 exercising juvenile jurisdiction in the county in which the child's death
42 or near fatality occurred shall determine whether the allegations
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1 contained in the indictment, information, or complaint described in
2 subdivision (2), if proven, would cause a reasonable person to believe
3 that the child's death or near fatality may have been the result of abuse,
4 abandonment, or neglect.
5    (c) If the juvenile court finds that the child's death or near fatality
6 was the result of abuse, abandonment, or neglect, the court shall make
7 written findings and provide a copy of the findings and the indictment,
8 information, or complaint described under subsection (b)(2) to the
9 department.
10    (d) As used in this section:
11(1) "case" means:
12(A) any intake report or other documentation such as a referral
13or other matter received or generated by the department;
14(B) any investigation or assessment conducted by the
15department; or
16(C) ongoing involvement between the department and a child
17or family that is the result of:
18(i) a program of informal adjustment; or
19(ii) a child in need of services action;
20for which related records and documents have not been expunged
21as required by law or by a court at the time the department is
22notified of a fatality or near fatality;
23(2) "contact" means in person communication about a case in
24which:
25(A) the child who is the victim of a fatality or near fatality is
26alleged to be a victim; or
27(B) the perpetrator of the fatality or near fatality is alleged to
28be the perpetrator;
29(3) "identifying information" means information that identifies an
30individual, including an individual's:
31(A) name, address, date of birth, occupation, place of
32employment, and telephone number;
33(B) employer identification number, mother's maiden name,
34Social Security number, or any identification number issued by
35a governmental entity;
36(C) unique biometric data, including the individual's
37fingerprint, voice print, or retina or iris image;
38(D) unique electronic identification number, address, or
39routing code;
40(E) telecommunication identifying information; or
41(F) telecommunication access device, including a card, a plate,
42a code, an account number, a personal identification number,
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1an electronic serial number, a mobile identification number, or
2another telecommunications service or device or means of
3account access;
4(4) "life threatening" means an injury or condition that is
5categorized as "serious" or "critical" in patient hospital records;
6and
7(5) "near fatality" means a severe childhood injury or condition
8that is certified by a physician as being life threatening.
9    (e) This subsection does not apply to records concerning a child
10 fatality or near fatality that the department is required to publish
11 under IC 31-33-18.5. Unless:
12(1) a police investigation or criminal prosecution is ongoing; or
13(2) information in a record is otherwise confidential under state
14or federal law;
15 a record described in subsection (a) that has been redacted in
16 accordance with this section is not confidential and may be disclosed
17 to any person who requests the record. The person requesting the
18 record may be required to pay the reasonable expenses of copying the
19 record.
20    (f) When a person requests a record described in subsection (a), the
21 entity having control of the record shall immediately transmit a copy of
22 the record to the court exercising juvenile jurisdiction in the county in
23 which the death or near fatality of the child occurred. However, if the
24 court requests that the entity having control of a record transmit the
25 original record, the entity shall transmit the original record.
26    (g) Upon receipt of the record described in subsection (a), the court
27 shall, within thirty (30) days, redact the record to exclude:
28(1) identifying information described in subsection (d)(3)(B)
29through (d)(3)(F) of a person; and
30(2) all identifying information of a child less than eighteen (18)
31years of age.
32    (h) The court shall disclose the record redacted in accordance with
33 subsection (g) to any person who requests the record, if the person has
34 paid:
35(1) to the entity having control of the record, the reasonable
36expenses of copying under IC 5-14-3-8; and
37(2) to the court, the reasonable expenses of copying the record.
38    (i) The data and information in a record disclosed under this section
39 must include the following:
40(1) A summary of the report of abuse or neglect and a factual
41description of the contents of the report.
42(2) The age and gender of the child.
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1(3) The cause of the fatality or near fatality, if the cause has been
2determined.
3(4) Whether the department had any contact with the child or the
4perpetrator before the fatality or near fatality, and, if the
5department had contact, the following:
6(A) The frequency of the contact with the child or the
7perpetrator before the fatality or near fatality and the date on
8which the last contact occurred before the fatality or near
9fatality.
10(B) A summary of the status of the child's case at the time of
11the fatality or near fatality, including:
12(i) whether the child's case was closed by the department
13before the fatality or near fatality; and
14(ii) if the child's case was closed as described under item (i),
15the date of closure and the reasons that the case was closed.
16    (j) The court's determination under subsection (g) that certain
17 identifying information or other information is not relevant to
18 establishing the facts and circumstances leading to the death or near
19 fatality of a child is not admissible in a criminal proceeding or civil
20 action.
21    SECTION 4. IC 31-33-18-5, AS ADDED BY P.L.48-2012,
22 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2026]: Sec. 5. (a) Except as provided in IC 31-33-18.5, an
24 audio recording of a telephone call to the child abuse hotline is
25 confidential and may be released only upon court order.
26    (b) An audio recording of a report of child abuse or neglect that is
27 the subject of a complaint made to a prosecuting attorney under
28 IC 31-33-22-3 shall be released without a court order to the prosecuting
29 attorney upon written request of the prosecuting attorney.
30    SECTION 5. IC 31-33-18.5 IS ADDED TO THE INDIANA CODE
31 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2026]:
33    Chapter 18.5. Child Fatalities Public Transparency
34    Sec. 1. This chapter applies to the following:
35(1) Reports made under this article (or IC 31-6-11 before its
36repeal).
37(2) Any other information obtained or written reports taken
38concerning the reports in the possession of:
39(A) the division of family resources;
40(B) the local office;
41(C) the department; or
42(D) the department of child services ombudsman
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                                    6
1established by IC 4-13-19-3.
2    Sec. 2. (a) Notwithstanding IC 31-33-18, the department shall
3 promptly provide information to the public regarding a case of
4 child abuse or neglect that has resulted in a child fatality or near
5 fatality.
6    (b) Subject to subsection (d), and to the extent permitted by
7 federal law, the department shall provide preliminary information
8 as follows:
9      (1) In the case of a child fatality, the department's disclosure
10      must include the following:
11(A) The deceased child's name, age, and gender.
12(B) The county or general location of the residence for the
13child who died.
14(C) The fact that a child suffered a fatality as the result of
15abuse or neglect.
16(D) Following an arrest for the fatality, the public arrest
17information and court records for the alleged perpetrator,
18unless the disclosure would violate the privacy of a victim.
19(E) Whether there have been reports or any current or
20past cases of abuse or neglect involving the child or the
21alleged perpetrator.
22(F) Actions taken by the department in response to the
23fatality.
24(G) A detailed synopsis of earlier reports or cases of abuse
25or neglect involving the child or the alleged perpetrator
26and of the actions taken or determinations made by the
27department in response to the earlier reports or cases.
28      (2) In the case of a child's near fatality, the department's
29      disclosure must include the following:
30(A) The child's age and gender.
31(B) The county or general location of the residence for the
32child who suffered a near fatality.
33(C) The fact that a child suffered a near fatality as the
34result of abuse or neglect.
35(D) Following an arrest for the near fatality, the public
36arrest information and court records for the alleged
37perpetrator, unless the disclosure would violate the privacy
38of a victim.
39(E) Whether there have been reports or any current or
40past cases of abuse or neglect involving the child or the
41alleged perpetrator.
42(F) Actions taken by the department in response to the
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1near fatality.
2(G) A detailed synopsis of earlier reports or cases of abuse
3or neglect involving the child or the alleged perpetrator
4and of the actions taken or determinations made by the
5department in response to the earlier reports or cases.
6    (c) Subject to subsection (d), if additional information is
7 requested by a person under this chapter:
8      (1) before releasing additional information, the department
9      shall notify the prosecuting attorney;
10      (2) the prosecuting attorney shall promptly notify the
11      department if the prosecuting attorney believes the release
12      would cause a specific, material harm to a criminal
13      investigation or prosecution; and
14      (3) after consulting with the prosecuting attorney, the
15      department shall produce to the requestor as much additional
16      information as possible about a case of child abuse or neglect
17      under this chapter.
18    (d) The department must take precautions to protect the
19 identity of:
20      (1) a person who reports child abuse or neglect; and
21      (2) any potential child abuse or neglect victim of an alleged
22      perpetrator.
23    Sec. 3. Not later than ninety (90) days after the date on which
24 the department's report for a case involving a child fatality or near
25 fatality is completed, the department shall provide to the public a
26 summary report that includes the following:
27      (1) Any actions taken by the department in response to the
28      case, including changes in policies or practices that have been
29      made to address any issues raised in the review of the case.
30      (2) Information prescribed in section 4 of this chapter.
31    Sec. 4. If the summary report involves a child who was residing
32 in the child's home at the time of the child's fatality or near
33 fatality, the summary report must contain the following:
34      (1) Whether the department was providing services to the
35      child, a member of the child's family, or the alleged
36      perpetrator at the time of the child fatality or near fatality. If
37      services were provided, the date on which the last contact
38      occurred between the entity providing services and the person
39      receiving the services before the child fatality or near fatality.
40      (2) Whether the child, a member of the child's family, or the
41      alleged perpetrator was the subject of a department report at
42      the time of the child fatality or near fatality.
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1     (3) Whether there was an open child in need of services case
2     for the child or a member of the child's family at the time of
3     the child fatality or near fatality.
4     (4) All:
5(A) involvement of:
6(i) the child's parent, guardian, or custodian; and
7(ii) the alleged perpetrator;
8in a situation for which a department report, whether
9substantiated or unsubstantiated, was made within the
10preceding five (5) years of the child fatality or near
11fatality; and
12(B) services provided to the child or the child's family
13within the preceding five (5) years of the child fatality or
14near fatality.
15     (5) Any investigation by the department for a report
16     concerning the child, a member of the child's family, or the
17     alleged perpetrator since the child fatality or near fatality.
18     (6) Any services provided to:
19(A) the child since the child's near fatality; or
20(B) the child's family since the child fatality or near
21fatality.
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                  COMMITTEE REPORT
   Mr. Speaker: Your Committee on Family, Children and Human
Affairs, to which was referred House Bill 1264, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
   Page 6, line 6, after "(d)," insert "and to the extent permitted by
federal law,".
and when so amended that said bill do pass.
   (Reference is to HB 1264 as introduced.)
                                                         DEVON
Committee Vote: yeas 11, nays 0.
HB 1264—LS 6882/DI 148