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Old 09-20-2010, 04:42 PM
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Default Child Abuse Laws

I am trying to find a summary of legal requirements on child abuse for home daycares. All I can find is the law that just says you have to report it, but I was thinking there was more to it than that. Like having a policy that parents sign, etc
Is there a website you could direct me to, along with a page number for the legal requirements, for Indiana home daycares? I checked this website's (daycare.com), but only found the one stating we have to report it.
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Old 09-20-2010, 05:35 PM
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Default Indiana Definitions and Who is Required to Report

Here's What I found. It was a little hard to find everything so I just copied and pasted everything individually starting with the definition of child abuse and then who is required to report in BOLD instead of just the links. I added the Section Codes so that you could print it out and parent's could reference and look up the codes themselves if they wanted to. Hope it helps.

Indiana
Child Abuse and Neglect
Definitions of Child Abuse and Neglect

Physical Abuse
Citation: Ann. Code 31-34-1-2
A child is a child in need of services if, before the child becomes age 18, the child's physical or mental health is seriously endangered due to injury by the act or omission of the child's parent, guardian, or custodian.
Evidence that the illegal manufacture of a drug or controlled substance is occurring on property where a child resides creates a rebuttable presumption that the child's physical or mental health is seriously endangered.

Neglect
Citation: Ann. Code 31-34-1-1; 31-34-1-9; 31-34-1-10; 31-34-1-11
A child is a child in need of services if, before the child becomes age 18:
The child's physical or mental condition is seriously impaired or seriously endangered as a result of the inability, refusal, or neglect of the child's parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, medical care, education, or supervision.
The child is born with fetal alcohol syndrome, or any amount, including a trace amount, of a controlled substance or a legend drug in the child's body.
The child has an injury, abnormal physical or psychological development, or is at a substantial risk of a life-threatening condition that arises or is substantially aggravated because the child's mother used alcohol, a controlled substance, or a legend drug during pregnancy.
A child in need of services includes a child with a disability who is deprived of nutrition that is necessary to sustain life, or is deprived of medical or surgical intervention that is necessary to remedy or ameliorate a life-threatening medical condition if the nutritional, medical, or surgical intervention is generally provided to similarly situated children with or without disabilities.

Sexual Abuse/Exploitation
Citation: Ann. Code 31-34-1-3; 31-34-1-4; 31-34-1-5
A child is a child in need of services if, before the child becomes age 18, the child is the victim, lives in the same household as another child who was the victim, or lives in the same household as the adult who was convicted of a sex offense, as defined in the criminal statutes, pertaining to:

Rape
Criminal deviate conduct
Child molesting
Child exploitation or possession of child *****graphy
Child seduction
Sexual misconduct with a minor
Indecent exposure
Prostitution
Incest
A child is a child in need of services if, before the child becomes age 18, the child's parent, guardian, or custodian allows the child:

To participate in an obscene performance
To commit a sex offense prohibited by criminal statute


Emotional Abuse
Citation: Ann. Code 31-34-1-2
A child is a child in need of services if the child's mental health is seriously endangered by the act or omission of the child's parent, guardian, or custodian.

Abandonment
Citation: Ann. Code 31-9-2-0.5
Abandoned infant means:
A child who is less than 12 months old and whose parent, guardian, or custodian has knowingly or intentionally left the child in an environment that endangers the child's life or heath or in a hospital or medical facility and has no reasonable plan to assume the care, custody, and control of the child
A child who is, or appears to be, not more than 45 days old and whose parent has knowingly and intentionally left the child with an emergency medical services provider and did not express an intent to return for the child


Standards for Reporting
Citation: Ann. Code 31-33-51
A report is required when an individual has reason to believe that a child is a victim of child abuse or neglect.

Persons Responsible for the Child
Citation: Ann. Code 31-9-2-0.5; 31-34-1-1 through 31-34-1-5
Responsible persons include the child's parent, guardian, or custodian.

Exceptions
Citation: Ann. Code 31-34-1-12; 31-34-1-14; 31-34-1-15
A child is not a child in need of services if:
The presence of a controlled substance was from a valid medical prescription.
A parent fails to provide specific medical treatment for a child because of legitimate and genuine religious beliefs. This presumption does not do any of the following:
Prevent a court from ordering medical services when the health of the child requires it
Apply to situations in which the child's life or health is in serious danger
This chapter does not limit:
The right of the parent to use reasonable corporal punishment to discipline the child
The lawful practice or teaching of religious beliefs.

Mandatory Reporters of Child Abuse and Neglect
Professionals Required to Report
Citation: Ann. Code 31-33-5-2
Mandatory reporters include any staff member of a medical or other public or private institution, school, facility, or agency.

Reporting by Other Persons
Citation: Ann. Code 31-33-5-1
Any person who has reason to believe that a child is a victim of abuse or neglect must report.
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Old 09-21-2010, 02:49 PM
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Thank you! Which website did you go to to find this?
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