How Child Molestation Investigations Work in Indiana?: Process Overview

A call from a Department of Child Services (DCS) caseworker or a knock from a detective can upend a family in minutes. This guide walks through the Indiana child molestation investigation process, from the first report to the prosecutor’s charging decision, and explains when to get legal help.

How Does a Child Molestation Investigation Start in Indiana?

Indiana law requires anyone who has reason to believe a child has been abused to report it right away to DCS or local police. Knowingly failing to do so is a crime.

DCS and a police detective, often from a special victims unit, then decide who leads. Early on, the main goal is to keep the child safe and learn whether the allegation has any basis.

What Happens During the Forensic Interview?

DCS must try to interview the child, usually with a parent’s consent or a court order. In sexual abuse cases, DCS or police often arrange a forensic interview, where a trained interviewer asks the child open-ended questions in a neutral setting, often a Child Advocacy Center.

The person under investigation may not know this step is happening, so learning about it early matters.

How Do DCS and Police Work With the Prosecutor Before Charges Are Filed?

Before any charge is filed, DCS caseworkers and detectives compile their findings, the interview recording, medical exam results, and witness statements into one file for the local prosecutor’s office. A judge usually gets involved only if police ask for a warrant or the prosecutor files charges in Indiana.

A deputy prosecutor then decides whether the evidence supports a criminal case. Some people don’t learn of the investigation until that decision is made.

What Charges and Penalties Can Follow a Child Molestation Investigation in Indiana?

Under Indiana Code 35-42-4-3, the felony level depends on the allegations, the child’s age, and aggravating factors: 

• Level 4 Felony: Fondling or touching a child under 14 with intent to arouse or satisfy sexual desires (2–12 years).
• Level 3 Felony: Sexual intercourse or other sexual conduct with a child under 14 (3–16 years).
• Level 2 Felony: Fondling or touching that involves deadly force or a threat of it, a deadly weapon, or secretly drugging the child (10–30 years).
• Level 1 Felony: Intercourse or sexual conduct with a child under 14 plus an aggravating factor, such as the person being 21 or older, deadly force or a threat of it, a deadly weapon, serious bodily injury, secretly drugging the child, or knowingly passing on a serious sexually transmitted disease (20–40 years; up to 50 if the person was 21 or older or the child was seriously injured).

Fines up to $10,000 can also apply to each level.

Frequently Asked Questions

How long does a DCS investigation take before charges are filed?

DCS policy sets a 30-day target for its assessment report and a 40-day limit for its finding. A related police investigation and the prosecutor’s charging decision can take much longer, and a long silence doesn’t mean the matter is closed.

Do I have to answer DCS or police questions during an investigation?

You don’t have to answer questions from police or DCS, and you can ask to talk with a lawyer first. There are limits, though. If you refuse to let DCS see or interview the child, DCS can ask a court for an order. Blocking or interfering with a DCS assessment can also be a crime. Talk with a lawyer before deciding how to respond.

What happens if DCS finds the allegation unsubstantiated?

An unsubstantiated finding means DCS didn’t find enough evidence that abuse happened. That usually ends the DCS assessment, but it doesn’t automatically stop police or a prosecutor from pursuing charges. The two systems use different standards of proof. Until a lawyer helps confirm where each case stands, treat both outcomes as possible.

Your Indiana Criminal Defense Law Firm

Attorney Andrew J. Baldwin is a Criminal Trial Specialist certified by the National Board of Trial Advocacy and is admitted in Indiana and its federal district courts. He has represented people before any charge is filed. Contact our firm today.