(a)A person or an organization may have
access to information contained in the index as follows:
(1)A law enforcement agency may have access to a substantiated
report for purposes of investigating or criminally prosecuting a
person identified as a perpetrator of child abuse or neglect.
(2)A child care provider, upon submitting a written consent for
release of information signed by an individual who:
(A)is employed by or who has applied for employment with the
child care provider;
(B)has volunteered to provide services to the child care
provider in a capacity that would place the individual in direct
contact, on a regular and continuous basis, with children who
are or will be under the direct supervision of the child care
provider; or
(C)is at least eighteen (18) years of age and resi
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(a) A person or an organization may have
access to information contained in the index as follows:
(1) A law enforcement agency may have access to a substantiated
report for purposes of investigating or criminally prosecuting a
person identified as a perpetrator of child abuse or neglect.
(2) A child care provider, upon submitting a written consent for
release of information signed by an individual who:
(A) is employed by or who has applied for employment with the
child care provider;
(B) has volunteered to provide services to the child care
provider in a capacity that would place the individual in direct
contact, on a regular and continuous basis, with children who
are or will be under the direct supervision of the child care
provider; or
(C) is at least eighteen (18) years of age and resides in the home
of the child care provider;
may have access to any information relating to a substantiated
report of child abuse or neglect that names the employee,
applicant, volunteer, or household resident as the perpetrator of
child abuse or neglect.
(3) A person may have access to any information that is contained
in the index pertaining to the person, with protection for the
identity of:
(A) a person who reports the child abuse or neglect; and
(B) any other appropriate person.
(4) A person or an agency to whom child abuse and neglect
reports are available under IC 31-33-18 may have access to
information contained in the index.
(5) Representatives of the division of family resources designated
by the director of the division may have access to and use any
information relating to a substantiated report of child abuse or
neglect that would constitute a basis for denial or revocation of a
license for a child care center under IC 12-17.2-4 or a child care
home under IC 12-17.2-5.
(6) Representatives of the department designated by the director
may have access to and use any information relating to a
substantiated report of child abuse or neglect that would
constitute a basis for denial or revocation of a license for a child
caring institution, foster family home, group home, or child
placing agency under IC 31-27.
(7) Any representative of the department, a court having juvenile
jurisdiction, and any party in a case under IC 31-34 or IC 31-37
may have access to and use any information relating to a
substantiated report of child abuse or neglect in connection with
a determination of an appropriate out of home placement for a
child under any applicable provision of IC 31-34 or IC 31-37 that
requires a criminal history check (as described in IC 31-9-2-22.5)
concerning any person.
(8) The department shall provide any information contained in a
substantiated report of child abuse or neglect that is included in
the index to an authorized agency of another state that requests
information concerning a prospective foster or adoptive parent, or
any other adult living in the home of a prospective foster or
adoptive parent, in accordance with 42 U.S.C. 671(a)(20)(C).
(9) The department shall transmit or provide to a national index
of substantiated cases of child abuse or neglect established in
accordance with 42 U.S.C. 16990:
(A) a copy of any substantiated report and related information
entered into the index; and
(B) information concerning expungement or amendment of any
substantiated report as provided in section 14 or 15 of this
chapter.
(10) To determine the eligibility of a child care provider to
receive a voucher payment (as defined in IC 12-17.2-3.5-3), the
division of family resources may use information contained in the
index concerning whether a child has been found by a court to be
a child in need of services based on a report of child abuse or
neglect naming an individual described in IC 12-17.2-3.5-4.1(a)
as a perpetrator.
(11) The office of administrative law proceedings may have
access to any information relating to a substantiated report of
child abuse or neglect that is the subject of an administrative
proceeding before the office of administrative law proceedings.
(b) Except as provided in this section or in rules adopted under
subsection (c), the department may not disclose information used in
connection with the department's activities under this section.
(c) The department shall adopt rules under IC 4-22-2 relating to the
procedure for disclosure of information described in this section.