§ 31-33-27-5 — Substantiated reports; perpetrator petitions for expungements

(a) This section applies to information
relating to substantiated reports in any records of the department.
(b) An individual identified as a perpetrator of child abuse or
neglect in a substantiated report may file a petition with a court
exercising juvenile jurisdiction in the county in which the individual
resides, requesting that the court order the department to expunge the
substantiated report and related information.
(c) The petitioner shall:
(1) name the department as respondent in the petition; and
(2) serve the department with a copy of the petition and a
summons.
(d) The court shall hold a hearing on the petition and any response
filed by the department, unless a hearing is waived by agreement of the
parties.
(e) In considering whether to grant a petition filed under this
section, the court may review:
(1) the factors listed in IC 31-39-8-3 in relation to the petitioner,
if the substantiated report was the subject of a juvenile court case;
and
(2) any facts relating to the petitioner's current status, activities,
employment, contacts with children, or other circumstances
relevant to consideration of whether the petition should be
granted.
(f) The court may grant the petition if the court finds, by clear and
convincing evidence, that:
(1) there is little likelihood that the petitioner will be a future
perpetrator of child abuse or neglect; and
(2) the information has insufficient current probative value to
justify its retention in records of the department for future
reference.

Legislative History

As added by P.L.48-2012, SEC.56.