Indiana § 10-13-3-27.5 Record check by department of child services under exigent
circumstances; transmittal of report copy; providing fingerprints;
removal of child for failure to provide fingerprints; compliance with
federal law; contesting denial of placement; fee

Indiana Statutes

§ 10-13-3-27.5 — Record check by department of child services under exigent circumstances; transmittal of report copy; providing fingerprints; removal of child for failure to provide fingerprints; compliance with federal law; contesting denial of placement; fee

Indiana § 10-13-3-27.5

Title 10PUBLIC SAFETY

Art. 13STATE POLICE DATA AND INFORMATION

Ch. 3Criminal History Information

This text of Indiana § 10-13-3-27.5 (Record check by department of child services under exigent circumstances; transmittal of report copy; providing fingerprints; removal of child for failure to provide fingerprints; compliance with federal law; contesting denial of placement; fee) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 10-13-3-27.5 (2026).

Text

5.

(a)If:

(1)exigent circumstances require the emergency placement of a child; and

(2)the department will be unable to obtain criminal history information from the Interstate Identification Index before the emergency placement is scheduled to occur; upon request of the department of child services established by IC 31-25-1-1, a caseworker, or a juvenile probation officer, the department may conduct a national name based criminal history record check of each individual who is at least eighteen (18) years of age and who is currently residing in the location designated as the out-of-home placement at the time the child will reside in the location. The department shall promptly transmit a copy of the report it receives from the Interstate Identification Index to the agency or person that su

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5. (a) If:
(1) exigent circumstances require the emergency placement of a
child; and
(2) the department will be unable to obtain criminal history
information from the Interstate Identification Index before the
emergency placement is scheduled to occur;
upon request of the department of child services established by IC 31-25-1-1, a caseworker, or a juvenile probation officer, the department
may conduct a national name based criminal history record check of
each individual who is at least eighteen (18) years of age and who is
currently residing in the location designated as the out-of-home
placement at the time the child will reside in the location. The
department shall promptly transmit a copy of the report it receives from
the Interstate Identification Index to the agency or person that
submitted a request under this section.
(b) After the department of child services, the caseworker, or the
juvenile probation officer receives the results of the national name
based criminal history record check and before the maximum period
allowed under federal law has elapsed, the department of child
services, the caseworker, or the juvenile probation officer shall provide
the department with a complete set of fingerprints for each individual
who is at least eighteen (18) years of age and who is currently residing
in the location designated as the out-of-home placement at the time the
child will be placed in the location. The department shall:
(1) use fingerprint identification to positively identify each
individual whose fingerprints are provided to the department
under this subsection; or
(2) submit the fingerprints to the Federal Bureau of Investigation
not later than fifteen (15) calendar days after the date on which
the national name based criminal history record check was
conducted.
The child shall be removed from the location designated as the
out-of-home placement if an individual who is at least eighteen (18)
years of age and who is currently residing in the location designated as
the out-of-home placement at the time the child will reside in the
location fails to provide a complete set of fingerprints to the department
of child services, the caseworker, or the juvenile probation officer.
(c) The department and the person or agency that provided
fingerprints shall comply with all requirements of 42 U.S.C. 5119a and
any other applicable federal law or regulation regarding:
(1) notification to the subject of the check; and
(2) the use of the results obtained based on the check of the
person's fingerprints.
(d) If an out-of-home placement is denied as the result of a national
name based criminal history record check, an individual who is the
subject of the name based criminal history record check may contest
the denial by submitting to the department of child services, the
caseworker, or the juvenile probation officer:
(1) a complete set of the individual's fingerprints; and
(2) written authorization permitting the department of child
services, the caseworker, or the juvenile probation officer to
forward the fingerprints to the department for submission to the
Federal Bureau of Investigation;
not later than five (5) days after the out-of-home placement is denied.
(e) The:
(1) department; and
(2) Federal Bureau of Investigation;
may charge a reasonable fee for processing a national name based
criminal history record check. The department shall adopt rules under
IC 4-22-2 to establish a reasonable fee for processing a national name
based criminal history record check and for collecting fees owed under
this subsection.
(f) The:
(1) department of child services, for an out-of-home placement
arranged by a caseworker or the department of child services; or
(2) juvenile court, for an out-of-home placement ordered by the
juvenile court;
shall pay the fee described in subsection (e), arrange for fingerprinting,
and pay the costs of fingerprinting, if any.