CHAPTER 26. CHILD PROTECTION INDEX
IC 31-33-26
Chapter 26. Child Protection Index
IC 31-33-26-1
"Child care provider"; "index"
Sec. 1. (a) As used in this chapter, "child care provider" means aperson who:
(1) provides child care (as defined in IC 12-7-2-28.2) regardlessof whether the person is required to be licensed or registeredunder IC 12-17.2; or
(2) is a child caring institution, a foster family home, a grouphome, or a child placing agency that is licensed or required tobe licensed under IC 31-27.
(b) As used in this chapter, "index" refers to the child protectionindex established under section 2 of this chapter.
As added by P.L.138-2007, SEC.67.
IC 31-33-26-2
Establishment and maintenance of child protection index
Sec. 2. The department shall establish and maintain a centralized,computerized child protection index to organize and access dataregarding substantiated reports of child abuse and neglect that thedepartment receives from throughout Indiana under this article.
As added by P.L.138-2007, SEC.67.
IC 31-33-26-3
Index components
Sec. 3. In addition to the equipment needed to establish, operate,and maintain the index, the index must include the followingcomponents:
(1) One (1) computer to be purchased for every two (2) familycase managers.
(2) Automated risk assessment in which a family case manageror supervisor is able to review a substantiated child abuse orneglect case to determine prior case history during the intake,assessment, and case management processes.
(3) The capability to allow supervisors to monitor child abuseand neglect cases and reports relating to the cases.
(4) The automated production of standard reports to enable theautomated compilation of information gathered on forms usedby family case managers to report the information and results ofchild abuse and neglect cases. The index must also provide forthe automation of other data for planning and evaluation asdetermined by the department.
(5) The capability of same day notification and transfer ofstatistical information to the department regarding new andclosed child abuse and neglect cases.
(6) The enabling of child welfare supervisors to review a childabuse or neglect determination at any point after the assessmentis initially classified as substantiated abuse or neglect, to
confirm the status of the case, and to allow for the consolidatedmanagement of cases.
(7) The capability for adjusting the index's programming at alater date if additional reporting requirements occur.
(8) A word processing capability to allow case notes to berecorded with each substantiated child abuse and neglect case.
As added by P.L.138-2007, SEC.67. Amended by P.L.131-2009,SEC.56.
IC 31-33-26-4
Case history file; automatic search requirements
Sec. 4. (a) In addition to the components described in section 3 ofthis chapter, the index must have the capability to maintain a casehistory file.
(b) Whenever a person enters a new child abuse or neglect reportinto the index, the index must have the capability to automaticallysearch for reports that match the name of the:
(1) perpetrator;
(2) victim; or
(3) person who is legally responsible for the victim's welfare;
with the persons named in the new report as described in thischapter.
(c) If the index identifies a previous, substantiated report, theindex must have the capability to transfer the report to the countywhere the new report originated not later than twenty-four (24) hoursafter receipt of the new report. If a previous, matching report islocated, a case history extract must be made available to the assignedcaseworker.
As added by P.L.138-2007, SEC.67.
IC 31-33-26-5
Levels of security for confidentiality; preservation ofconfidentiality; access to records; security requirements
Sec. 5. (a) Subject to the accessibility to files provided insubsection (b), at least ten (10) levels of security for confidentialityin the index must be maintained.
(b) The index must have a comprehensive system of limitedaccess to information as follows:
(1) The index must be accessed only by the entry of an operatoridentification number and a password.
(2) A child welfare caseworker must be allowed to access only:
(A) cases that are assigned to the caseworker; and
(B) other cases or investigations that involve:
(i) a family member of a child; or
(ii) a child;
who is the subject of a case described in clause (A).
(3) A child welfare supervisor may access only the following:
(A) Cases assigned to the supervisor.
(B) Cases assigned to a caseworker who reports to thesupervisor. (C) Other cases or investigations that involve:
(i) a family member of a child; or
(ii) a child;
who is the subject of a case described in clause (A) or (B).
(D) Cases that are unassigned.
(4) To preserve confidentiality in the workplace, child welfaremanagers, as designated by the department, may access anycase, except restricted cases involving:
(A) a state employee; or
(B) the immediate family member of a state employee;
who has access to the index. Access to restricted informationunder this subdivision may be obtained only if an additionallevel of security is implemented.
(5) Access to records of authorized users, including passwords,is restricted to:
(A) users designated by the department as administrators;and
(B) the administrator's level of access as determined by thedepartment.
(6) Ancillary programs that may be designed for the index maynot be executed in a manner that would circumvent the index'slog-on security measures.
(7) Certain index functions must be accessible only to indexoperators with specified levels of authorization as determinedby the department.
(8) Files containing passwords must be encrypted.
(9) There must be two (2) additional levels of security forconfidentiality as determined by the department.
(10) The department of child services ombudsman establishedby IC 4-13-19-3 shall have read only access to the indexconcerning:
(A) children who are the subject of complaints filed with; or
(B) cases being investigated by;
the department of child services ombudsman. The office of thedepartment of child services ombudsman shall not have accessto any information related to cases or information that involvesthe ombudsman or any member of the ombudsman's immediatefamily.
As added by P.L.138-2007, SEC.67. Amended by P.L.182-2009(ss),SEC.383.
IC 31-33-26-6
Data storage and retrieval requirements
Sec. 6. The department shall store data regarding child abuse orneglect reports in a manner that allows the data to be retrieved basedon 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 name. (5) The child's father's name.
(6) The name of a sibling of the child.
(7) The name of the child's guardian or custodian if applicable.
As added by P.L.138-2007, SEC.67.
IC 31-33-26-7
Adoption of rules
Sec. 7. The department may adopt rules under IC 4-22-2 to ensurethat the confidentiality of and access to reports of child abuse orneglect are maintained as provided in this chapter.
As added by P.L.138-2007, SEC.67.
IC 31-33-26-8
Notification after index entry; notice to perpetrators; request foradministrative hearing
Sec. 8. (a) This section does not apply to substantiated reports ifa court has determined that a child is a child in need of servicesbased on:
(1) a report of child abuse or neglect that names the perpetratoras the individual who committed the child abuse or neglect; or
(2) facts presented to the court at a hearing in a child in need ofservices case commenced under IC 31-34 that are consistentwith the facts and conclusions stated in the report, if thedepartment approved the substantiated report after the court'sdetermination.
(b) Not later than thirty (30) days after the department enters asubstantiated child abuse or neglect report into the index, thedepartment shall notify:
(1) the parent, guardian, or custodian of the child who is namedin the report as the victim of the child abuse or neglect; and
(2) any person identified as the perpetrator, if other than thechild's parent, guardian, or custodian;
that the department has entered the report into the index.
(c) The department shall state the following in a notice to theperpetrator of a substantiated report under subsection (b):
(1) The report has been classified as substantiated.
(2) The perpetrator may request that a substantiated report beamended or expunged at an administrative hearing if theperpetrator does not agree with the classification of the reportunless a court is in the process of making a determination.
(3) The perpetrator's request for an administrative hearing tocontest the classification of a substantiated report must bereceived by the department not more than thirty (30) days afterthe notice is served on the perpetrator as provided inIC 4-21.5-3-1(b). Time shall be computed as provided inIC 4-21.5-3-2.
(d) If the perpetrator fails to request an administrative hearingwithin the time specified in subsection (c)(3), the perpetrator namedin a substantiated report may request an administrative hearing tocontest the classification of the report if the perpetrator demonstrates
that the failure to request an administrative hearing was due toexcusable neglect or fraud. The Indiana Rules of Civil Procedureprovide the standard for excusable neglect or fraud.
As added by P.L.138-2007, SEC.67.
IC 31-33-26-9
Administrative hearings; evidentiary standards consideration ofhearsay; amendment or expungement of reports; confidentiality
Sec. 9. (a) Except as provided in sections 11 and 12 of thischapter, the department shall conduct an administrative hearing upona request made under section 8 of this chapter.
(b) At the administrative hearing, the department must prove bya preponderance of credible evidence that the perpetrator isresponsible for the child's abuse or neglect.
(c) During an administrative hearing under this section, theadministrative hearing officer shall consider hearsay evidence to becompetent evidence and may not exclude hearsay based on thetechnical rules of evidence. However, a determination may not bebased solely on evidence that is hearsay.
(d) If the department fails to carry the burden of proof undersubsection (b), the department shall amend or expunge the report asordered by the administrative hearing officer within the periodprovided under section 15 of this chapter.
(e) The department shall maintain the confidentiality of an abuseor a neglect report during the administrative process.
(f) The administrative hearing shall be closed.
(g) The administrative files shall be closed and not disclosed tothe public.
As added by P.L.138-2007, SEC.67.
IC 31-33-26-10
Administration of index
Sec. 10. The department shall administer the index in a mannerthat enables the department to do the following:
(1) Immediately identify and locate prior reports of child abuseor neglect through the use of the department's:
(A) computerized tracking system; and
(B) automated risk assessment system.
(2) Track steps in the investigative process to ensurecompliance with all requirements for a report of child abuse orneglect.
(3) Maintain and produce aggregate statistical reportsmonitoring patterns of child abuse and neglect that thedepartment shall make available to the public upon request.
(4) Serve as a resource for the evaluation, management, andplanning of preventive and remedial services to children whohave been subject to child abuse or neglect.
As added by P.L.138-2007, SEC.67.
IC 31-33-26-11 Binding court determinations; stay of administrative hearings;perpetrator entitlement to administrative hearings
Sec. 11. (a) If a court having jurisdiction over a child in need ofservices case under IC 31-34 has determined or is anticipated todetermine whether:
(1) a report of suspected child abuse or neglect is properlysubstantiated;
(2) child abuse or neglect occurred; or
(3) any person was a perpetrator of child abuse or neglect;
the determination of the court is binding.
(b) The administrative hearing under this chapter shall be stayedpending an anticipated action by the court.
(c) A person named as a perpetrator in a report of suspected childabuse or neglect is not entitled to an administrative hearing underthis chapter if a court has determined that:
(1) the alleged child abuse or neglect did not occur; or
(2) the person was not a perpetrator of the alleged child abuseor neglect.
As added by P.L.138-2007, SEC.67.
IC 31-33-26-12
Criminal charges against a perpetrator; entitlement toadministrative hearings
Sec. 12. (a) If criminal charges are filed against a perpetratorbased on the same facts and circumstances on which the departmentclassified a child abuse or neglect report as substantiated, anyadministrative hearing requested by the perpetrator under this chaptershall be stayed pending disposition of the criminal charges.
(b) If the criminal charges result in the conviction of theperpetrator and the facts that provided a necessary element for theconviction also provided the basis for the substantiated report underIC 31-33-8-12, the person named in the report as a perpetrator ofchild abuse or neglect is not entitled to an administrative hearingunder this chapter.
As added by P.L.138-2007, SEC.67.
IC 31-33-26-13
Adoption of rules
Sec. 13. The department shall adopt rules under IC 4-22-2:
(1) to provide procedures not inconsistent with section 9 of thischapter by which any person identified as a perpetrator in asubstantiated report of child abuse or neglect that is entered intothe child protection index may request and obtain anadministrative hearing as provided in this chapter;
(2) to establish procedures for the conduct of the administrativehearing; and
(3) to establish provisions for administrative review by thedepartment of a proposed or approved substantiated report,before or after an administrative hearing is available orconducted.As added by P.L.138-2007, SEC.67.
IC 31-33-26-14
Amendment or expungement from index of inaccurate report
Sec. 14. The department shall immediately amend or expungefrom the index a substantiated report containing an inaccuracyarising from an administrative or a clerical error.
As added by P.L.138-2007, SEC.67.
IC 31-33-26-15
Expungement and amendment of record procedures
Sec. 15. (a) The department shall expunge a substantiated reportcontained within the index as follows:
(1) Not later than ten (10) working days after any of thefollowing occurs:
(A) A court having jurisdiction over a child in need ofservices proceeding determines that child abuse or neglecthas not occurred.
(B) An administrative hearing officer under this chapterfinds that the child abuse or neglect report isunsubstantiated.
(C) A court having juvenile jurisdiction enters an order forexpungement of the report under IC 31-33-7-6.5.
(2) Not later than twenty (20) years after a court determines thata child is a child in need of services based upon the report.
(b) The department shall amend a substantiated report containedin the index by deleting the name of an alleged perpetrator if:
(1) a court having jurisdiction over a child in need of servicesproceeding; or
(2) an administrative hearing officer under this chapter;
finds that the person was not a perpetrator of the child abuse orneglect that occurred.
(c) If subsection (a) does not apply, the department shall expungethe substantiated report not later than the date on which any childwho is named in the report as a victim of child abuse or neglectbecomes twenty-four (24) years of age.
(d) The department shall expunge an unsubstantiated reportcontained in the index not later than six (6) months after the date thereport was entered into the index.
As added by P.L.138-2007, SEC.67. Amended by P.L.131-2009,SEC.57.
IC 31-33-26-16
Access to index information
Sec. 16. (a) A person or an organization may have access toinformation contained in the index as follows:
(1) A law enforcement agency may have access to asubstantiated report for purposes of investigating or criminallyprosecuting a person identified as a perpetrator of child abuseor neglect. (2) A child care provider, upon submitting a written consent forrelease of information signed by an individual who:
(A) is employed by or who has applied for employment withthe child care provider;
(B) has volunteered to provide services to the child careprovider in a capacity that would place the individual indirect contact, on a regular and continuous basis, withchildren who are or will be under the direct supervision ofthe child care provider; or
(C) is at least eighteen (18) years of age and resides in thehome of the child care provider;
may have access to any information relating to a substantiatedreport of child abuse or neglect that names the employee,applicant, volunteer, or household resident as the perpetrator ofchild abuse or neglect.
(3) A person may have access to any information that iscontained in the index pertaining to the person, with protectionfor the identity of:
(A) a person who reports the child abuse or neglect; and
(B) any other appropriate person.
(4) A person or an agency to whom child abuse and neglectreports are available under IC 31-33-18 may have access toinformation contained in the index.
(5) Representatives of the division of family resourcesdesignated by the director of the division may have access toand use any information relating to a substantiated report ofchild abuse or neglect that would constitute a basis for denial orrevocation of a license for a child care center underIC 12-17.2-4 or a child care home under IC 12-17.2-5.
(6) Representatives of the department designated by the directormay have access to and use any information relating to asubstantiated report of child abuse or neglect that wouldconstitute a basis for denial or revocation of a license for a childcaring institution, foster family home, group home, or childplacing agency under IC 31-27.
(7) Any representative of the department, a court havingjuvenile jurisdiction, and any party in a case under IC 31-34 orIC 31-37 may have access to and use any information relatingto a substantiated report of child abuse or neglect in connectionwith a determination of an appropriate out of home placementfor a child under any applicable provision of IC 31-34 orIC 31-37 that requires a criminal history check (as described inIC 31-9-2-22.5) concerning any person.
(8) The department shall provide any information contained ina substantiated report of child abuse or neglect that is includedin the index to an authorized agency of another state thatrequests information concerning a prospective foster oradoptive parent, or any other adult living in the home of aprospective foster or adoptive parent, in accordance with 42U.S.C. 671(a)(20)(C). (9) The department shall transmit or provide to a national indexof substantiated cases of child abuse or neglect established inaccordance with 42 U.S.C. 16990:
(A) a copy of any substantiated report and relatedinformation entered into the index; and
(B) information concerning expungement or amendment ofany substantiated report as provided in section 14 or 15 ofthis chapter.
(10) To determine the eligibility of a child care provider toreceive a voucher payment (as defined in IC 12-17.2-3.5-3), thedivision of family resources may use information contained inthe index concerning whether a child has been found by a courtto be a child in need of services based on a report of child abuseor neglect naming an individual described inIC 12-17.2-3.5-4.1(a) as a perpetrator.
(b) Except as provided in this section or in rules adopted undersubsection (c), the department may not disclose information used inconnection with the department's activities under this section.
(c) The department shall adopt rules under IC 4-22-2 relating tothe procedure for disclosure of information described in this section.
As added by P.L.138-2007, SEC.67.
IC 31-33-26-17
Name changes
Sec. 17. (a) If a court grants a name change under IC 34-28-2 (orIC 34-4-6 before its repeal) to a person:
(1) against whom an allegation of child abuse or neglect hasbeen substantiated; and
(2) whose name is maintained within the index in accordancewith this chapter;
the person must notify the department regarding the name change notmore than ten (10) business days after the court enters a decreechanging the person's name.
(b) The notice under subsection (a) must include a copy of thedecree of the court that changes the name of the person, certifiedunder the seal of the clerk of court.
As added by P.L.138-2007, SEC.67.
IC 31-33-26-18
Transfer of records to the index
Sec. 18. On July 1, 2007, all substantiated reports and otherdocuments relating to child abuse or neglect cases contained in thechild abuse registry under IC 31-33-17 (before its repeal) and theautomated child protection system under IC 31-33-20 (before itsrepeal) shall be transferred to and be included in the child protectionindex. The department shall maintain and administer all reports anddocuments transferred to and included in the child protection indexas provided in this chapter.
As added by P.L.138-2007, SEC.67.