Indiana § 31-33-26-9 Administrative hearings; evidentiary standards; consideration of
hearsay; amendment or expungement of reports; confidentiality;
decisions provided to the department of education

Indiana Statutes

§ 31-33-26-9 — Administrative hearings; evidentiary standards; consideration of hearsay; amendment or expungement of reports; confidentiality; decisions provided to the department of education

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

(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 an

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(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.

Indiana § 31-33-26-9 (Administrative hearings; evidentiary standards; consideration of hearsay; amendment or expungement of reports; confidentiality; decisions provided to the department of education) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.