Indiana Code
Ind. Code § 31-33-5-4 (2026)
Immediate oral or written report to department of child services or law enforcement agency
✓ current as of May 2026
Sec. 4. (a) Except as provided in subsection (b), a person who has a duty under this chapter to report that a child may be a victim of child abuse or neglect shall immediately make an oral or written report to:
(1) the department; or
(2) the appropriate law enforcement agency.
(b) A person who has a duty under section 2(c) of this chapter to report that a child may be a victim of child abuse or neglect shall immediately make an oral or written report to:
(1) the department; or
(2) the appropriate law enforcement agency.
[Pre-1997 Recodification Citation: 31-6-11-4.]
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.107; P.L.183-2017, SEC.34; P.L.168-2025, SEC.6.
Notes of Decisions
Cited in 12
cases, 2006–2016 · 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). “” Ind. Code § 31-33-5-4 (2008). An individual has “reason to believe” a child is a victim of child abuse or neglect when the individual is presented with “evidence that, if presented to individuals of similar background and training, would cause the individuals to believe that a…”
Marybeth Lebo v. State of Indiana, 977 N.E.2d 1031 (Ind. Ct. App. 2012). “” Ind. Code § 31-33-5-4 (emphasis added), the offense cannot be considered continuing.”
Planned Parenthood of Indiana v. Carter, 854 N.E.2d 853 (Ind. Ct. App. 2006). “See Ind.Code § 31-33-5-4; I1.C. §§ 81-83-18-1, 31-83-18-2.”
Edward Gilliland v. State of Indiana, 979 N.E.2d 1049 (Ind. Ct. App. 2012). “Indiana Code section 31-33-5-1, the statute that imposes the general 27 duty to report child abuse, provides that “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,” and Indiana Code…”
Anonymous Hosp. v. A.K., 920 N.E.2d 704 (Ind. Ct. App. 2010). “See Ind.Code § 31-33-5-4 {emphasis supplied).”
Christopher Smith v. State of Indiana, 982 N.E.2d 348 (Ind. Ct. App. 2013). “” Ind. Code § 31-33-5-4 provides that “[a] person who has a duty under this chapter to report that a child may be a victim of child abuse or neglect shall immediately make an oral report to [] the department; or [] the local law enforcement agency.”
F.D. v. Indiana Dep't of Fam. Servs., 973 N.E.2d 1186 (Ind. Ct. App. 2012). “Nor does the Police Department contend that Detective Minto did not have a duty to report the abuse to Child Services pursuant to Indiana Code Section 31-33-5-4. . Child Services says that Cage completed a form in 2008 with respect to the additional allegation of abuse…”
John Doe 1 v. Indiana Dep't of Child Servs., 53 N.E.3d 613 (Ind. Ct. App. 2016). “Indiana Code section 31- 33-7-4 provides that DCS “shall make a written report” of a child who may be a victim of child abuse or neglect within forty-eight hours of receiving the oral report required of individuals by Section 31-33-5-4. The statute also lists the requirements of…”
Joel Granberry v. Bright Ideas in Broad Ripple, Inc., & Beverly J. Middaugh (Ind. Ct. App. 2014). “” I.C. § 31-33-5-4. As another panel of this Court has observed, “[t]he statute makes clear that time is of the essence … by requiring that abuse or neglect ‘shall immediately’ be reported.”
Ballaban v. Bloomington Jewish Cmty., Inc., 982 N.E.2d 329 (2013). “” Ind.Code § 31-33-5-4 provides that "[a] person who has a duty under this chapter to report that a child may be a victim of child abuse or neglect shall immediately make an oral report to [] the department; or [ ] the local law enforcement agency.”
Steven A. Ballaban v. Bloomington Jewish Cmty., Inc., a/k/a Congregation Beth Shalom, Paul Eisenberg, Judith Rose, Sarah Wasserman, Lynne Foster Shifriss, & Roberta \Didi\" Kerler" (Ind. Ct. App. 2013). “” Ind. Code § 31-33-5-4 provides that “[a] person who has a duty under this chapter to report that a child may be a victim of child abuse or neglect shall immediately make an oral report to [] the department; or [] the local law enforcement agency.”
F.D., G.D., & T.D. b/n/f J.D. & M.D. J.D. & M.D., Individually v. Indiana Dept. of Fam. Servs., Vanderburgh Co. Off. of Fam. & Soc. Servs., Evansville Police Dept. (Ind. Ct. App. 2012). “Nor does the Police Department contend that Detective Minto did not have a duty to report the abuse to Child Services pursuant to Indiana Code Section 31-33-5-4. 24 and Child Services did not learn about L.”
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