Indiana § 31-33-27-3 Expungement of records; retained information; adoption of rules

Indiana Statutes

§ 31-33-27-3 — Expungement of records; retained information; adoption of rules

Indiana·Art. 33 JUVENILE LAW: REPORTING AND·Ch. 27 Expungement of Child Abuse or Neglect Reports

(a)The department shall expunge child abuse or neglect information not later than twenty-four (24) years after the date of birth of the youngest child named in the department's assessment report as an alleged victim of child abuse or neglect, if:

(1)the department approved the assessment as unsubstantiated; or

(2)the court in a child in need of services case entered a final judgment based on a finding that child abuse or neglect did not occur.

(b)The department may, upon the request of an interested person, expunge information relating to an unsubstantiated assessment of child abuse or neglect at any time, if the department determines that the probative value of the information does not justify its retention in the records of the department.

(c)This subsection applies to information t

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(a) The department shall expunge child abuse
or neglect information not later than twenty-four (24) years after the
date of birth of the youngest child named in the department's
assessment report as an alleged victim of child abuse or neglect, if:
(1) the department approved the assessment as unsubstantiated;
or
(2) the court in a child in need of services case entered a final
judgment based on a finding that child abuse or neglect did not
occur.
(b) The department may, upon the request of an interested person,
expunge information relating to an unsubstantiated assessment of child
abuse or neglect at any time, if the department determines that the
probative value of the information does not justify its retention in the
records of the department.
(c) This subsection applies to information that is not expunged
under subsection (a) or (b). The department may retain information
relating to an unsubstantiated assessment of child abuse or neglect in
paper or digital form or in other media that is accessible only by
department employees with access rights established by the department
through policy or rule.
(d) Information that is retained in the records of the department
under subsection (c) may be used by the department to facilitate its
assessment of a subsequent report concerning the same child or family.
(e) The department may not rely solely on information available
under subsection (c) to support substantiation of a later report, if
information obtained in the assessment of the later report is otherwise
insufficient to support a substantiated determination.
(f) The department shall adopt a written policy, and may adopt rules
under IC 4-22-2, regarding access to information retained under
subsection (c).

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