2023 Indiana Code
Title 31. Family Law and Juvenile Law
Article 37. Juvenile Law: Delinquency
Chapter 22. Modification of Dispositional Decrees
31-37-22-11. Vacating Adjudication of Trafficked Child; Requirements and Notice
Sec. 11. (a) As used in this section, "trafficked child" means a child who was the victim of human trafficking (IC 35-42-3.5), regardless of whether the person who committed the human trafficking offense was charged, tried, or convicted. The term includes a person who is now an adult.
(b) Upon the written motion of a trafficked child, or any person acting on behalf of a trafficked child, the court that adjudicated the trafficked child a delinquent child shall vacate the adjudication issued with respect to the trafficked child, if the movant proves by a preponderance of the evidence that:
(1) the child was a trafficked child at the time the child performed the delinquent act that resulted in the adjudication;
(2) the delinquent act did not result in bodily injury to another person; and
(3) at the time the child committed the delinquent act, the child was:
(A) coerced by; or
(B) under the control of;
another person.
(c) Before vacating an adjudication under subsection (b), the court shall:
(1) forward a copy of the motion to the prosecuting attorney; and
(2) conduct a hearing at which the prosecuting attorney and the movant are entitled to be heard.
As added by P.L.86-2017, SEC.6. Amended by P.L.142-2020, SEC.48.
