False reports; criminal and civil liability; notification of
prosecuting attorney
Sec. 3. (a) A person who intentionally communicates to:
(1) a law enforcement agency; or
(2) the department;
a report of child abuse or neglect knowing the report to be false
commits a Class A misdemeanor. However, the offense is a Class D
felony if the person has a previous unrelated conviction for making
a report of child abuse or neglect knowing the report to be false.
(b) A person who intentionally communicates to:
(1) a law enforcement agency; or
(2) the department;
a report of child abuse or neglect knowing the report to be false is
liable to the person accused of child abuse or neglect for actual
damages. The finder of fact may award punitive damages and
attorney's fees in an amount determined by the finder of fact against
the person.
(c) The director or the director's designee shall, after review by
the department's attorney, notify the prosecuting attorney whenever
the director or the director's designee and the department's attorney
have reason to believe that a person has violated this section.
(d) A person who:
(1) has reason to believe that the person is a victim of a false
report of child abuse or neglect under this section; and
(2) is not named in a pending criminal charge or under
investigation relating to the report;
may file a complaint with the prosecuting attorney. The prosecuting
attorney shall review the relevant child abuse or neglect records of
the department and any other relevant evidence.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,
SEC.166.
Last modified: May 24, 2006