Sec. 12. (a) If criminal charges are filed against a perpetrator based on the same facts and circumstances on which the department classified a child abuse or neglect report as substantiated, any administrative hearing requested by the perpetrator under this chapter shall be stayed pending disposition of the criminal charges.
(b) If the criminal charges result in the conviction of the perpetrator and the facts that provided a necessary element for the conviction also provided the basis for the substantiated report under IC 31-33-8-12, the person named in the report as a perpetrator of child abuse or neglect is not entitled to an administrative hearing under this chapter.
As added by P.L.138-2007, SEC.67.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect
Chapter 26. Child Protection Index
31-33-26-0.5. "Administrative Hearing Officer"
31-33-26-1. "Child Care Provider"; "Index"
31-33-26-2. Establishment and Maintenance of Child Protection Index
31-33-26-4. Case History File; Automatic Search Requirements
31-33-26-6. Data Storage and Retrieval Requirements
31-33-26-10. Administration of Index
31-33-26-12. Criminal Charges Against a Perpetrator; Entitlement to Administrative Hearings
31-33-26-13. Adoption of Rules
31-33-26-14. Amendment or Expungement From Index of Inaccurate Report
31-33-26-15. Expungement and Amendment of Record Procedures