Title 31, FAMILY LAW AND JUVENILE LAW

Sec. 12. (a) If criminal charges are filed against a perpetrator based on the same facts and circumstances on which the department classified a child abuse or neglect report as substantiated, any administrative hearing requested by the perpetrator under this chapter shall be stay…

Sec. 13. The department shall adopt rules under IC 4-22-2: (1) to provide procedures not inconsistent with section 9 of this chapter by which any person identified as a perpetrator in a substantiated report of child abuse or neglect that is entered into the child protection index…

Sec. 14. The department shall immediately amend or expunge from the index a substantiated report containing an inaccuracy arising from an administrative or a clerical error. As added by P.L.138-2007, SEC.67.

Sec. 15. (a) The department shall expunge a substantiated report contained within the index not later than ten (10) working days after any of the following occurs: (1) A court having jurisdiction over a child in need of services proceeding determines that child abuse or neglect h…

Sec. 16. (a) A person or an organization may have access to information contained in the index as follows: (1) A law enforcement agency may have access to a substantiated report for purposes of investigating or criminally prosecuting a person identified as a perpetrator of child …

Sec. 17. (a) If a court grants a name change under IC 34-28-2 (or IC 34-4-6 before its repeal) to a person: (1) against whom an allegation of child abuse or neglect has been substantiated; and (2) whose name is maintained within the index in accordance with this chapter; the pers…

Sec. 18. On July 1, 2007, all substantiated reports and other documents relating to child abuse or neglect cases contained in the child abuse registry under IC 31-33-17 (before its repeal) and the automated child protection system under IC 31-33-20 (before its repeal) shall be tr…

Sec. 2. The department shall establish and maintain a centralized, computerized child protection index to organize and access data regarding substantiated reports of child abuse and neglect that the department receives from throughout Indiana under this article. As added by P.L.1…

Sec. 3. In addition to the equipment needed to establish, operate, and maintain the index, the index must include the following components: (1) Automated risk assessment in which a family case manager or supervisor is able to review a substantiated child abuse or neglect case to …

Sec. 4. (a) In addition to the components described in section 3 of this chapter, the index must have the capability to maintain a case history file. (b) Whenever a person enters a new child abuse or neglect report into the index, the index must have the capability to automatical…

Sec. 5. (a) The department shall establish access restrictions in order to maintain the security and confidentiality of the index as required by this chapter. (b) The department of child services ombudsman established by IC 4-13-19-3 shall have read only access to the index conce…

Sec. 6. The department shall store data regarding child abuse or neglect reports in a manner that allows the data to be retrieved based on the following, if known: (1) The child's name. (2) The child's date of birth. (3) The alleged perpetrator's name. (4) The child's mother's na…

Sec. 7. The department may adopt rules under IC 4-22-2 to ensure that the confidentiality of and access to reports of child abuse or neglect are maintained as provided in this chapter. As added by P.L.138-2007, SEC.67.

Sec. 8. (a) This section does not apply to substantiated reports if a court has determined that a child is a child in need of services based on: (1) a report of child abuse or neglect that names the perpetrator as the individual who committed the child abuse or neglect; or (2) fa…

Sec. 9. (a) Except as provided in sections 11 and 12 of this chapter, the department shall conduct, or request that the office of administrative law proceedings assign an administrative hearing officer to conduct, an administrative hearing upon a request made under section 8 of t…

Sec. 1. (a) This chapter applies to a delinquency proceeding brought pursuant to IC 31-37-1 through IC 31-37-3. (b) In computing time under this chapter, Saturdays, Sundays, and legal holidays are not included in the computation if the time prescribed is less than fifteen (15) da…

Sec. 2. The following definitions apply throughout this chapter: (1) "Competent" and "competency" mean the present ability of a child to: (A) understand the nature and objectives of a proceeding against the child; and (B) assist in the child's defense. (2) "State institution" has…

Sec. 3. If, at any time before disposition, a court has reasonable grounds to believe that a child is not competent, the court shall order the child to undergo a competency evaluation as described in section 4 of this chapter, unless the child is represented by counsel and waives…

Sec. 4. (a) If the court orders a competency evaluation under section 3 of this chapter, the court shall appoint one (1) disinterested person to evaluate the child's competency. However, if a party requests the appointment of an additional person to conduct an evaluation, the cou…

Sec. 5. As soon as practicable after receiving the written competency evaluation, the court shall determine whether the child is competent for adjudication or disposition. Upon a motion by any party, the court shall conduct a hearing to determine competency. The child has: (1) th…

Sec. 6. (a) If the court determines that the juvenile is competent, the court shall proceed with the delinquency proceedings as provided by law. No statement that a child makes during an evaluation or hearing conducted under this chapter may be used against the child in any juven…