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

Indiana Statutes

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

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

(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 ti

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(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.

Indiana § 31-37-22-11 (Vacating adjudication of trafficked child; requirements and notice) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.