Indiana Code

Ind. Code § 31-33-5-1 (2026)

Duty to make report

✓ current as of May 2026
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     Sec. 1. In addition to any other duty to report arising under this article, an individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report as required by this article.

[Pre-1997 Recodification Citation: 31-6-11-3(a).]

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

 

Notes of Decisions
Cited in 31 cases (1 in the last 5 years), 2000–2025 · leading case: Christopher Smith v. State of Indiana, 8 N.E.3d 668 (Ind. 2014).
Christopher Smith v. State of Indiana, 8 N.E.3d 668 (Ind. 2014). · cites it 36× “” Ind. Code § 31-33-5-1 (2008). If the individual is “a member of the staff of a medical or other public or private institution, school, facility, or agency, the individual shall immediately notify the individual in charge.”
Edward Gilliland v. State of Indiana, 979 N.E.2d 1049 (Ind. Ct. App. 2012). · cites it 18× “The reporting requirements under Indiana Code 31-33-5-1 place[] an affirmative duty on an individual who has a reason to believe that a child is a victim of child abuse or neglect to make a report.”
Marybeth Lebo v. State of Indiana, 977 N.E.2d 1031 (Ind. Ct. App. 2012). · cites it 16× “Count I alleged a violation of Indiana 4 Code section 31-33-5-1 as follows: Detective Michael Robinson being duly sworn upon his oath says that: in the County of LaPorte, State of Indiana, on or between August 1, 2007 and October 28, 2008, Marybeth Lebo had reason to believe…”
John Doe 1 v. Indiana Dep't of Child Servs., 81 N.E.3d 199 (Ind. 2017). · cites it 4× “I.C. §§ 31-33-5-1, -4, -22-1(a) (2008). Second, it immunizes good-faith reporters from any civil or criminal liability that may arise from their reports.”
F.D. v. Indiana Dep't of Child Servs., 1 N.E.3d 131 (Ind. 2013). · cites it 4× “See Ind.Code § 31-33-5-1 ("In addition to any other duty to report arising under this article, an individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report as required by this article.”
Christopher Smith v. State of Indiana, 982 N.E.2d 348 (Ind. Ct. App. 2013). · cites it 14× “Code § 31-9 - 2-101 and required by Ind. Code § 31-33-5-1 , that G.G. was a victim of child abuse.”
Paul Gresk, Tr. for the Bankr. Est. of Derek VanWinkle & Stacey VanWinkle on behalf of M v. & A v. their minor Child. v. Cortney Demetris, M.D., 96 N.E.3d 564 (Ind. 2018). · cites it 2× “Code § 31-33-22-1 (a) (2017) ("A person who knowingly fails to make a report required by IC 31-33-5-1 commits a Class B misdemeanor.”
Kelli Sprunger v. John A. Egli, M.D., 44 N.E.3d 690 (Ind. Ct. App. 2015). · cites it 4× “Ind.Code §§ 31-33-5-1, -4. “Reason to believe,” for the purpose of the reporting statutes, “means evidence that, if presented to individuals of similar background and training, would cause the individuals to believe that a child was abused or neglected.”
F.D. v. Indiana Dep't of Fam. Servs., 973 N.E.2d 1186 (Ind. Ct. App. 2012). · cites it 9× “The father argued that the child’s exposure to the secondhand smoke was child abuse or neglect and the doctor’s failure to report was a violation of Indiana Code section 31-33-5-1, which requires an individual who has reason to believe a child is a victim of child abuse or…”
State of Indiana v. I.T., 4 N.E.3d 1139 (Ind. 2014). · cites it 2× “Indiana Code section 31-33-5-1 (2008) required I.T.’s therapist to report his disclosures to DCS, and Indiana code section 31-33-8-1 (a) (2008) required DCS to investigate the report — both of which are consistent with the juvenile code’s goals.”
Marriage of Albright v. Bogue, 736 N.E.2d 782 (Ind. Ct. App. 2000). · cites it 2× “Public Policy Next, Cathy claims that the trial court’s custody modification order is contrary to public policy embodied in Indiana Code Section 31-33-5-1, which provides that an individual who has reason to believe that a child is a victim of child abuse or neglect *789 shall…”
John Doe 1 v. Indiana Dep't of Child Servs., 53 N.E.3d 613 (Ind. Ct. App. 2016). · cites it 7× “Code §§ 31-33-5-1 , -4. The statutes presume that a report is made in good faith and immunize from civil or criminal liability the person who made the report.”
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