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 Level 6 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 assessment 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.