Sec. 5. (a) This section applies to information relating to substantiated reports in any records of the department.

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Terms Used In Indiana Code 31-33-27-5

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • information: includes all files and records created or maintained by the department. See Indiana Code 31-33-27-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Summons: Another word for subpoena used by the criminal justice system.
     (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.

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

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