Sec. 9. (a) Except as provided in sections 11 and 12 of this chapter, the department shall conduct, or request that the office of administrative law proceedings assign an administrative hearing officer to conduct, an administrative hearing upon a request made under section 8 of this chapter.
(b) At the administrative hearing, the department must prove by a preponderance of credible evidence that the perpetrator is responsible for the child's abuse or neglect.
(c) During an administrative hearing under this section, the administrative hearing officer shall consider hearsay evidence to be competent evidence and may not exclude hearsay based on the technical rules of evidence. If not objected to, the hearsay evidence may form the basis for an order. However, if the evidence is properly objected to and does not fall within a recognized exception to the hearsay rule, the resulting order may not be based solely upon the hearsay evidence.
(d) If the department fails to carry the burden of proof under subsection (b), the department shall amend or expunge the report as ordered by the administrative hearing officer within the period provided under section 15 of this chapter.
(e) The department and, if an administrative law judge has been assigned by the office of administrative law proceedings, the office of administrative law proceedings, shall maintain the confidentiality of an abuse or a neglect report during the administrative process.
(f) The administrative hearing shall be closed.
(g) The administrative files shall be closed and not disclosed to the public.
(h) The department shall provide a copy of a decision and the written final agency action resulting from an administrative hearing under this section to the department of education if:
(1) the alleged perpetrator is licensed by the department of education; or
(2) the incident happened on school property or at a school function.
As added by P.L.138-2007, SEC.67. Amended by P.L.162-2011, SEC.48; P.L.48-2012, SEC.53; P.L.13-2021, SEC.13.
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