Crimes against children are among the most reprehensible crimes there are. Sometimes, though, it may be hard to recognize criminal behavior. The juvenile code in Indiana identifies crimes against children and is written to encourage reporting of actual or suspected child abuse or neglect. The child protection laws also establish a means of protecting children, rehabilitating families, and setting up a statewide registry and protection system.
General Guidelines
Indiana state law says that “Child abuse or neglect refers to a child who is alleged to be in need of services (CHINS).” This covers a wide range of issues relating to children under the age of 18 including children who do not receive necessary food, shelter, medical care, clothing, supervision, or education. It also includes children who are injured when the parent could have reasonably prevented it, children who are sexually abused or allowed to participate in or commit a sexual offense, and children who are not getting required treatment or therapy.
Religion
Despite the general guidelines, a child is not automatically considered to be in need of services if the parent does not provide medical care for a child due to genuine religious beliefs. The parent has the right to exercise his religious beliefs and to teach them to his children as long as doing so causes no harm. If there is real potential for harm to the child, the court can order that the child be treated by a physician if the child has a serious health condition which requires such care.
Disabled Children
Disabled children are not allowed to be deprived of necessary nutrition required for them to live nor medical services that would normally be provided to children in similar situations. In some cases a child born with a condition which causes or can cause a disability, such as fetal alcohol syndrome or with any trace of a controlled substance in her bloodstream, is automatically considered to be in need of protective services.
A child’s parent or guardian has the right to use reasonable Corporal Punishment on a child. The term “reasonable” is open to interpretation by the courts. Generally speaking the courts have upheld that moderate spanking on the buttocks is reasonable, but spanking hard enough to leave bruises or scars is not. If there is a question about whether or not a specific case of corporal punishment is reasonable it will be up to the court system to make the determination on a case-by-case basis.
Reporting and Immunity
The law in Indiana requires anybody who thinks a child may be neglected or in danger to report it. You can report your suspicions anonymously. If you suspect a child is at risk and you do not report it, you can be charged with a Class B misdemeanor. People who report their concerns in good faith are immune from liability. All reports are to be kept completely confidential.
CPS Duties
In the state of Indiana the law requires each county to have an Office of Family and Children, which is the office responsible for setting up Child Protective Services (CPS). CPS is responsible for handling all complaints and investigations of child neglect and abuse in that county. They are charged with protecting a child from further harm, while leaving the child in his home if reasonably possible.
Prevent Child Abuse Indiana: Child Abuse Laws in Indiana
http://www.pcain.org/indiana_laws.asp
State of Indiana: Children’s Protective Services
http://www.in.gov/dcs/
State of Indiana: Protecting Our Children
http://www.in.gov/dcs/images/Protecting_our_Children.pdf
The Children’s Law Center of Indiana: Frequently Asked Questions
http://www.kidsvoicein.org/documents/Chins/FAQ/1.pdf
U.S. Department of Health and Human Services: Child Welfare Information Gateway
http://www.childwelfare.gov/systemwide/laws_policies/state/
