2014 Indiana Code TITLE 31. FAMILY LAW AND JUVENILE LAW ARTICLE 33. JUVENILE LAW: REPORTING AND INVESTIGATION OF CHILD ABUSE AND NEGLECT CHAPTER 27. EXPUNGEMENT OF CHILD ABUSE OR NEGLECT REPORTS
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IC 31-33-27
Chapter 27. Expungement of Child Abuse or Neglect Reports
IC 31-33-27-1
"Expunge" or "Expungement"
Sec. 1. As used in this chapter, "expunge" or "expungement"
means:
(1) the removal or deletion of all information maintained by the
department concerning a report, assessment, or determination
under this article relating to an incident or condition of child
abuse or neglect; and
(2) the destruction or delivery of the information to a person to
whom the information pertains.
As added by P.L.48-2012, SEC.56.
IC 31-33-27-2
"Information"
Sec. 2. As used in this chapter, "information" includes all files and
records created or maintained by the department. The term includes
the original and copies of documents, correspondence, messages,
photographs, videotapes, audio recordings, audiovisual recordings,
and any other material contained in electronic, paper, or digital form
or in other media.
As added by P.L.48-2012, SEC.56.
IC 31-33-27-3
Expungement of records; retained information; adoption of rules
Sec. 3. (a) The department shall expunge child abuse or neglect
information not later than twenty-four (24) years after the date of
birth of the youngest child named in the department's assessment
report as an alleged victim of child abuse or neglect, if:
(1) the department approved the assessment as unsubstantiated;
or
(2) the court in a child in need of services case entered a final
judgment based on a finding that child abuse or neglect did not
occur.
(b) The department may, upon the request of an interested person,
expunge information relating to an unsubstantiated assessment of
child abuse or neglect at any time, if the department determines that
the probative value of the information does not justify its retention in
the records of the department.
(c) This subsection applies to information that is not expunged
under subsection (a) or (b). The department may retain information
relating to an unsubstantiated assessment of child abuse or neglect in
paper or digital form or in other media that is accessible only by
department employees with access rights established by the
department through policy or rule.
(d) Information that is retained in the records of the department
under subsection (c) may be used by the department to facilitate its
assessment of a subsequent report concerning the same child or
family.
(e) The department may not rely solely on information available
under subsection (c) to support substantiation of a later report, if
information obtained in the assessment of the later report is otherwise
insufficient to support a substantiated determination.
(f) The department shall adopt a written policy, and may adopt
rules under IC 4-22-2, regarding access to information retained under
subsection (c).
As added by P.L.48-2012, SEC.56.
IC 31-33-27-4
Expungement of records; amended information
Sec. 4. (a) The department shall expunge child abuse or neglect
information relating to a substantiated report not later than the time
specified for expungement of the report from the child protection
index under IC 31-33-26-15.
(b) The department shall amend information relating to a
substantiated report by deleting the name of a person as an alleged
perpetrator if:
(1) a court having jurisdiction over a child in need of services
proceeding; or
(2) an administrative hearing officer under IC 31-33-26-9;
finds that the person was not a perpetrator of the child abuse or
neglect that occurred.
As added by P.L.48-2012, SEC.56.
IC 31-33-27-5
Substantiated reports; perpetrator petitions for expungements
Sec. 5. (a) This section applies to information relating to
substantiated reports in any records of the department.
(b) An individual identified as a perpetrator of child abuse or
neglect in a substantiated report may file a petition with a court
exercising juvenile jurisdiction in the county in which the individual
resides, requesting that the court order the department to expunge the
substantiated report and related information.
(c) The petitioner shall:
(1) name the department as respondent in the petition; and
(2) serve the department with a copy of the petition and a
summons.
(d) The court shall hold a hearing on the petition and any response
filed by the department, unless a hearing is waived by agreement of
the parties.
(e) In considering whether to grant a petition filed under this
section, the court may review:
(1) the factors listed in IC 31-39-8-3 in relation to the petitioner,
if the substantiated report was the subject of a juvenile court
case; and
(2) any facts relating to the petitioner's current status, activities,
employment, contacts with children, or other circumstances
relevant to consideration of whether the petition should be
granted.
(f) The court may grant the petition if the court finds, by clear and
convincing evidence, that:
(1) there is little likelihood that the petitioner will be a future
perpetrator of child abuse or neglect; and
(2) the information has insufficient current probative value to
justify its retention in records of the department for future
reference.
As added by P.L.48-2012, SEC.56.
IC 31-33-27-6
Use of expunged records in civil action
Sec. 6. If the department expunges child abuse or neglect
information under this chapter:
(1) at the request of a perpetrator named in an assessment report;
(2) at or after the time for expungement specified in section 4(a)
of this chapter; or
(3) under a court order under section 5 of this chapter;
IC 31-39-8-7 applies to any civil action brought against the
department or any other agency, entity, or individual, if the content
of the expunged information may be relevant to any issue in the civil
action.
As added by P.L.48-2012, SEC.56.
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