§ 31-37-22-11 — Vacating adjudication of trafficked child; requirements and notice

Indiana § 31-37-22-11

• Jurisdiction: Indiana
• Art. 37: JUVENILE LAW: DELINQUENCY
• Ch. 22: Modification of Dispositional Decrees

Text

(a) As used in this section, "trafficked
child" means a child who was the victim of human trafficking (IC 35-42-3.5), regardless of whether the person who committed the human
trafficking offense was charged, tried, or convicted. The term includes
a person who is now an adult.
(b) Upon the written motion of a trafficked child, or any person
acting on behalf of a trafficked child, the court that adjudicated the
trafficked child a delinquent child shall vacate the adjudication issued
with respect to the trafficked child, if the movant proves by a
preponderance of the evidence that:
(1) the child was a trafficked child at the time the child performed
the delinquent act that resulted in the adjudication;
(2) the delinquent act did not result in bodily injury to another
person; and
(3) at the time the child committed the delinquent act, the child
was:
(A) coerced by; or
(B) under the control of;
another person.
(c) Before vacating an adjudication under subsection (b), the court
shall:
(1) forward a copy of the motion to the prosecuting attorney; and
(2) conduct a hearing at which the prosecuting attorney and the
movant are entitled to be heard.

Legislative History

As added by P.L.86-2017, SEC.6. Amended by P.L.142-2020, SEC.48.