Time for expungement
Sec. 8. (a) The department shall expunge identifying information
in a substantiated report contained within the registry as follows:
(1) Not later than ten (10) working days after any of the
following occurs:
(A) A court having jurisdiction over a child in need of
services proceeding determines that child abuse or neglect
has not occurred.
(B) An administrative hearing officer under this chapter
finds that the child abuse or neglect report is
unsubstantiated.
(C) A court having criminal jurisdiction over a case
involving child abuse or neglect in which criminal charges
are filed and the court:
(i) dismisses the charges; or
(ii) enters a not guilty verdict.
(2) Not later than ten (10) working days after the period of
informal adjustment ceases under IC 31-34-8.
(3) Not later than six (6) months after the date that the
department enters the report into the registry as the result of a
person's failure to successfully participate in a services referral
agreement under IC 31-33-13.
(4) Not later than twenty (20) years after a court determines that
a child is a child in need of services based upon the report.
(b) However, if subsection (a)(1) through (a)(4) does not apply,
the department shall expunge the report not later than when the child
who is named as the victim of child abuse or neglect reaches
twenty-four (24) years of age.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,
SEC.160.
Last modified: May 24, 2006