§ 31-33-26-8 — Notification after index entry; notice to perpetrators; request for administrative hearing

Indiana § 31-33-26-8

• Jurisdiction: Indiana
• Art. 33: JUVENILE LAW: REPORTING AND
• Ch. 26: Child Protection Index

Text

(a) This section does not apply to
substantiated reports if a court has determined that a child is a child in
need of services based on:
(1) a report of child abuse or neglect that names the perpetrator as
the individual who committed the child abuse or neglect; or
(2) facts presented to the court at a hearing in a child in need of
services case commenced under IC 31-34 that are consistent with
the facts and conclusions stated in the report, if the department
approved the substantiated report after the court's determination.
(b) Not later than thirty (30) days after the department enters a
substantiated child abuse or neglect report into the index, the
department shall notify:
(1) the parent, guardian, or custodian of the child who is named
in the report as the victim of the child abuse or neglect; and
(2) any person identified as the perpetrator, if other than the
child's parent, guardian, or custodian;
that the department has entered the report into the index.
(c) The department shall state the following in a notice to the
perpetrator of a substantiated report under subsection (b):
(1) The report has been classified as substantiated.
(2) The perpetrator may request that a substantiated report be
amended or expunged at an administrative hearing if the
perpetrator does not agree with the classification of the report
unless a court is in the process of making a determination.
(3) The perpetrator's request for an administrative hearing to
contest the classification of a substantiated report must be
received by the department not more than thirty (30) days after
the notice is served on the perpetrator as provided in IC 4-21.5-3-1(b). Time shall be computed as provided in IC 4-21.5-3-2.
(d) If the perpetrator fails to request an administrative hearing
within the time specified in subsection (c)(3), the perpetrator named in
a substantiated report may request an administrative hearing to contest
the classification of the report if the perpetrator demonstrates that the
failure to request an administrative hearing was due to excusable
neglect or fraud. The Indiana Rules of Civil Procedure provide the
standard for excusable neglect or fraud.

Legislative History

As added by P.L.138-2007, SEC.67.