Sec. 15. (a) The department shall expunge a substantiated report contained within the index not later than ten (10) working days after any of the following occurs:
(1) A court having jurisdiction over a child in need of services proceeding determines that child abuse or neglect has not occurred.
(2) An administrative hearing officer under this chapter has issued a recommendation regarding a child abuse or neglect report and the ultimate authority of the department has issued a written final agency action determining that the report is unsubstantiated.
(3) A court having juvenile jurisdiction enters an order for expungement of the report under IC 31-33-27-5.
(b) The department shall amend a substantiated report contained in the index by deleting the name of an alleged perpetrator if:
(1) a court having jurisdiction over a child in need of services proceeding; or
(2) the ultimate authority of the department, after issuance of a recommendation by an administrative hearing officer under this chapter;
finds that the person was not a perpetrator of the child abuse or neglect that occurred.
As added by P.L.138-2007, SEC.67. Amended by P.L.131-2009, SEC.57; P.L.48-2012, SEC.55; P.L.13-2021, SEC.14.
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