2020 Indiana Code
Title 29. Probate
Article 3. Guardianships and Protective Proceedings
Chapter 1. Definitions
29-3-1-2.5. "Conduct a Criminal History Check"

Sec. 2.5. "Conduct a criminal history check" means to:

(1) request:

(A) the state police department to conduct a:

(i) fingerprint based criminal history background check of both national and state records data bases concerning a person who is at least eighteen (18) years of age in accordance with IC 10-13-3-27 and IC 10-13-3-39; or

(ii) national name based criminal history record check (as defined in IC 10-13-3-12.5) of a person who is at least eighteen (18) years of age as provided under IC 10-13-3-27.5; or

(B) if an individual has:

(i) a physical disability that prevents fingerprinting and a person approved by the department who is trained to take fingerprints or a qualified medical practitioner (as defined in IC 31-9-2-100.5) verifies that the individual has a disabling condition that prevents fingerprinting; or

(ii) low quality fingerprints, as a result of age, occupation, or otherwise, that prevent fingerprint results from being obtained and the individual's fingerprints have been rejected the required number of times by automated fingerprint classification equipment or rejected by a person designated by the Indiana state police department to examine and classify fingerprints;

the state police department to conduct a national name based criminal history record check (as defined in IC 10-13-3-12.5) or request the state police department to release or allow inspection of a limited criminal history (as defined in IC 10-13-3-11) and the state police in every state the individual has resided in the past five (5) years to release or allow inspection of the individual's criminal history;

(2) collect each substantiated report of child abuse or neglect reported in a jurisdiction where a probation officer, a caseworker, or the department of child services has reason to believe that a person who is fourteen (14) years of age or older, or a person for whom a fingerprint based criminal history background check is required under IC 31, resided within the previous five (5) years;

(3) conduct a check of the national sex offender registry maintained by the United States Department of Justice for all persons who are at least fourteen (14) years of age; and

(4) conduct a check of local law enforcement agency records in every jurisdiction where a person who is at least eighteen (18) years of age has resided within the previous five (5) years unless the department of child services or a court grants an exception to conducting this check.

As added by P.L.104-2015, SEC.4. Amended by P.L.25-2017, SEC.1.