Notice of entry of report; request for administrative hearing by
alleged perpetrator
Sec. 8. (a) This section does not apply to substantiated cases if a
court determines that a child is a child in need of services based on
a report of child abuse or neglect that names the alleged perpetrator
as the individual who committed the alleged child abuse or neglect.
(b) Not later than thirty (30) days after the department enters a
substantiated child abuse or neglect report into the registry, the
department shall notify:
(1) the parent, guardian, or custodian of the child who is named
in the report as the victim of the child abuse or neglect; and
(2) the alleged perpetrator, if other than the child's parent,
guardian, or custodian, named in the report under IC 31-33-5-4;
that the department has entered the report into the registry.
(c) The department shall state the following in a notice to an
alleged perpetrator of a substantiated report under subsection (b):
(1) The report has been classified as substantiated.
(2) The alleged perpetrator may request that a substantiated
report be amended or expunged at an administrative hearing if
the alleged perpetrator does not agree with the classification of
the report unless a court is in the process of making a
determination described in IC 31-33-19.
(3) The alleged perpetrator's request for an administrative
hearing to contest the classification of a substantiated report
must be received by the department not more than thirty (30)
days after the alleged perpetrator receives the notice.
(d) If the alleged perpetrator fails to request an administrative
hearing within the time specified in subsection (c)(3), the alleged
perpetrator named in a substantiated report may request an
administrative hearing to contest the classification of the report if the
alleged perpetrator demonstrates that the failure to request an
administrative hearing was due to excusable neglect or fraud. The
Indiana Rules of Civil Procedure provide the standard for excusable
neglect or fraud.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,
SEC.151.
Last modified: May 24, 2006