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DIGEST OF HB1268 (Updated February 5, 2004 3:03 pm - DI 84)
Child advocacy, child fatality review, and CHINS. Establishes the child advocate bureau, which shall investigate complaints concerning agencies that provide services to children and shall evaluate services for children. Provides that the child advocate and a person who provides records to the child advocate is immune from civil liability. Makes certain actions that impede the child advocate's investigation a Class D felony. Establishes the statewide child fatality review committee to review the deaths of children who die suddenly or unexpectedly. Makes the testimony of a committee member inadmissible in certain proceedings. Requires a juvenile court to order a child and the child's parent into counseling if the child is found to have committed a delinquent act that would be one of certain types of sex crimes if committed by an adult. Provides that records of state agencies regarding the death of a child who died as a result of abuse, abandonment, or neglect are not confidential. Provides that a child living in a household with an adult who committed a sex crime against another child living in the household is a child in need of services under certain circumstances. Establishes a rebuttable presumption that a child is a CHINS under certain circumstances. Provides the presumption may not be the reason for taking the child into custody or emergency custody unless a court finds cause following a hearing. Provides that a state employee who falsifies child abuse or neglect information and the child suffers bodily injury as a result of the offense commits a Class D felony.
