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Can Someone Please Explain This?

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What is the name of your state (only U.S. law)? Indiana

My question is about the different DV charges in Indiana.

If a person is arrested for DV and children are not present it is not a felony charge.

If a person is arrested for DV and children are present it is a felony charge. The police department invloved will notify CPS.

If a child reports to a Therapist, Doctor, Teacher, Social Worker, etc. that DV is occurring in their home it is NOT reportable to CPS. Even though these people are mandated reporters, the fact that a child is reporting DV is occurring is not reportable. The police must actually intervene in a DV dispute before CPS will become involved?

I was told by a SW in different County that my child's School SW had a duty to report and failed to do so. I was also advised by my last attorney that it was NOT a CPS matter. I was told by CPS (in my daughter's dad's county)that they will not do investigate unless the violence is directed at one of the children.

Can someone explain why it is not a felony offense if the child reports it?
 



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