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 a
person who:
(1) provides child care (as defined in IC 12-7-2-28.2) regardless
of whether the person is required to be licensed or registered
under IC 12-17.2; or
(2) is a child caring institution, a foster family home, a group
home, or a child placing agency that is licensed or required to
be licensed under IC 31-27.
(b) As used in this chapter, "index" refers to the child protection
index 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 data
regarding substantiated reports of child abuse and neglect that the
department 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 following
components:
(1) One (1) computer to be purchased for every two (2) family
case managers.
(2) Automated risk assessment in which a family case manager
or supervisor is able to review a substantiated child abuse or
neglect case to determine prior case history during the intake,
assessment, and case management processes.
(3) The capability to allow supervisors to monitor child abuse
and neglect cases and reports relating to the cases.
(4) The automated production of standard reports to enable the
automated compilation of information gathered on forms used
by family case managers to report the information and results of
child abuse and neglect cases. The index must also provide for
the automation of other data for planning and evaluation as
determined by the department.
(5) The capability of same day notification and transfer of
statistical information to the department regarding new and
closed child abuse and neglect cases.
(6) The enabling of child welfare supervisors to review a child
abuse or neglect determination at any point after the assessment
is initially classified as substantiated abuse or neglect, to
confirm the status of the case, and to allow for the consolidated
management of cases.
(7) The capability for adjusting the index's programming at a
later date if additional reporting requirements occur.
(8) A word processing capability to allow case notes to be
recorded 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 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 automatically
search 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 this
chapter.
(c) If the index identifies a previous, substantiated report, the
index must have the capability to transfer the report to the county
where the new report originated not later than twenty-four (24) hours
after receipt of the new report. If a previous, matching report is
located, a case history extract must be made available to the assigned
caseworker.
As added by P.L.138-2007, SEC.67.
IC 31-33-26-5
Levels of security for confidentiality; preservation of
confidentiality; access to records; security requirements
Sec. 5. (a) Subject to the accessibility to files provided in
subsection (b), at least ten (10) levels of security for confidentiality
in the index must be maintained.
(b) The index must have a comprehensive system of limited
access to information as follows:
(1) The index must be accessed only by the entry of an operator
identification 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 the
supervisor.
(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 welfare
managers, as designated by the department, may access any
case, 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 information
under this subdivision may be obtained only if an additional
level 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 the
department.
(6) Ancillary programs that may be designed for the index may
not be executed in a manner that would circumvent the index's
log-on security measures.
(7) Certain index functions must be accessible only to index
operators with specified levels of authorization as determined
by the department.
(8) Files containing passwords must be encrypted.
(9) There must be two (2) additional levels of security for
confidentiality as determined by the department.
(10) The department of child services ombudsman established
by IC 4-13-19-3 shall have read only access to the index
concerning:
(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 the
department of child services ombudsman shall not have access
to any information related to cases or information that involves
the ombudsman or any member of the ombudsman's immediate
family.
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 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 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 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.
IC 31-33-26-8
Notification after index entry; notice to perpetrators; request for
administrative hearing
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) facts presented to the court at a hearing in a child in need of
services case commenced under IC 31-34 that are consistent
with the facts and conclusions stated in the report, if the
department approved the substantiated report after the court's
determination.
(b) Not later than thirty (30) days after the department enters a
substantiated child abuse or neglect report into the index, 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) any person identified as the perpetrator, if other than the
child'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 the
perpetrator of a substantiated report under subsection (b):
(1) The report has been classified as substantiated.
(2) The perpetrator may request that a substantiated report be
amended or expunged at an administrative hearing if the
perpetrator does not agree with the classification of the report
unless a court is in the process of making a determination.
(3) The 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 notice is served on the perpetrator as provided in
IC 4-21.5-3-1(b). Time shall be computed as provided in
IC 4-21.5-3-2.
(d) If the perpetrator fails to request an administrative hearing
within the time specified in subsection (c)(3), the perpetrator named
in a substantiated report may request an administrative hearing to
contest the classification of the report if the 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.138-2007, SEC.67.
IC 31-33-26-9
Administrative hearings; evidentiary standards consideration of
hearsay; amendment or expungement of reports; confidentiality
Sec. 9. (a) Except as provided in sections 11 and 12 of this
chapter, the department shall conduct an administrative hearing upon
a request made under section 8 of this chapter.
(b) At the administrative hearing, the department must prove by
a preponderance of credible evidence that the perpetrator is
responsible for the child's abuse or neglect.
(c) During an administrative hearing under this section, the
administrative hearing officer shall consider hearsay evidence to be
competent evidence and may not exclude hearsay based on the
technical rules of evidence. However, a determination may not be
based solely on evidence that is hearsay.
(d) If the department fails to carry the burden of proof under
subsection (b), the department shall amend or expunge the report as
ordered by the administrative hearing officer within the period
provided under section 15 of this chapter.
(e) The department shall maintain the confidentiality of an abuse
or a neglect report during the administrative process.
(f) The administrative hearing shall be closed.
(g) The administrative files shall be closed and not disclosed to
the 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 manner
that enables the department to do the following:
(1) Immediately identify and locate prior reports of child abuse
or 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 ensure
compliance with all requirements for a report of child abuse or
neglect.
(3) Maintain and produce aggregate statistical reports
monitoring patterns of child abuse and neglect that the
department shall make available to the public upon request.
(4) Serve as a resource for the evaluation, management, and
planning of preventive and remedial services to children who
have 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 of
services case under IC 31-34 has determined or is anticipated to
determine whether:
(1) a report of suspected child abuse or neglect is properly
substantiated;
(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 stayed
pending an anticipated action by the court.
(c) A person named as a perpetrator in a report of suspected child
abuse or neglect is not entitled to an administrative hearing under
this 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 abuse
or neglect.
As added by P.L.138-2007, SEC.67.
IC 31-33-26-12
Criminal charges against a perpetrator; entitlement to
administrative hearings
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 stayed pending disposition of the criminal charges.
(b) If the criminal charges result in the conviction of the
perpetrator and the facts that provided a necessary element for the
conviction also provided the basis for the substantiated report under
IC 31-33-8-12, the person named in the report as a perpetrator of
child abuse or neglect is not entitled to an administrative hearing
under 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 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 may request and obtain an
administrative hearing as provided in this chapter;
(2) to establish procedures for the conduct of the administrative
hearing; and
(3) to establish provisions for administrative review by the
department of a proposed or approved substantiated report,
before or after an administrative hearing is available or
conducted.
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 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.
IC 31-33-26-15
Expungement and amendment of record procedures
Sec. 15. (a) The department shall expunge a substantiated report
contained within the index 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 juvenile jurisdiction enters an order for
expungement of the report under IC 31-33-7-6.5.
(2) 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) The department shall amend a substantiated report contained
in the index by deleting the name of an alleged perpetrator if:
(1) a court having jurisdiction over a child in need of services
proceeding; or
(2) an administrative hearing officer under this chapter;
finds that the person was not a perpetrator of the child abuse or
neglect that occurred.
(c) If subsection (a) does not apply, the department shall expunge
the substantiated report not later than the date on which any child
who is named in the report as a victim of child abuse or neglect
becomes twenty-four (24) years of age.
(d) The department shall expunge an unsubstantiated report
contained in the index not later than six (6) months after the date the
report 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 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 abuse
or neglect.
(2) A child care provider, upon submitting a written consent for
release of information signed by an individual who:
(A) is employed by or who has applied for employment with
the child care provider;
(B) has volunteered to provide services to the child care
provider in a capacity that would place the individual in
direct contact, on a regular and continuous basis, with
children who are or will be under the direct supervision of
the child care provider; or
(C) is at least eighteen (18) years of age and resides in the
home of the child care provider;
may have access to any information relating to a substantiated
report of child abuse or neglect that names the employee,
applicant, volunteer, or household resident as the perpetrator of
child abuse or neglect.
(3) A person may have access to any information that is
contained in the index pertaining to the person, with protection
for 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 neglect
reports are available under IC 31-33-18 may have access to
information contained in the index.
(5) Representatives of the division of family resources
designated by the director of the division may have access to
and use any information relating to a substantiated report of
child abuse or neglect that would constitute a basis for denial or
revocation of a license for a child care center under
IC 12-17.2-4 or a child care home under IC 12-17.2-5.
(6) Representatives of the department designated by the director
may have access to and use any information relating to a
substantiated report of child abuse or neglect that would
constitute a basis for denial or revocation of a license for a child
caring institution, foster family home, group home, or child
placing agency under IC 31-27.
(7) Any representative of the department, a court having
juvenile jurisdiction, and any party in a case under IC 31-34 or
IC 31-37 may have access to and use any information relating
to a substantiated report of child abuse or neglect in connection
with a determination of an appropriate out of home placement
for a child under any applicable provision of IC 31-34 or
IC 31-37 that requires a criminal history check (as described in
IC 31-9-2-22.5) concerning any person.
(8) The department shall provide any information contained in
a substantiated report of child abuse or neglect that is included
in the index to an authorized agency of another state that
requests information concerning a prospective foster or
adoptive parent, or any other adult living in the home of a
prospective foster or adoptive parent, in accordance with 42
U.S.C. 671(a)(20)(C).
(9) The department shall transmit or provide to a national index
of substantiated cases of child abuse or neglect established in
accordance with 42 U.S.C. 16990:
(A) a copy of any substantiated report and related
information entered into the index; and
(B) information concerning expungement or amendment of
any substantiated report as provided in section 14 or 15 of
this chapter.
(10) To determine the eligibility of a child care provider to
receive a voucher payment (as defined in IC 12-17.2-3.5-3), the
division of family resources may use information contained in
the index concerning whether a child has been found by a court
to be a child in need of services based on a report of child abuse
or neglect naming an individual described in
IC 12-17.2-3.5-4.1(a) as a perpetrator.
(b) Except as provided in this section or in rules adopted under
subsection (c), the department may not disclose information used in
connection with the department's activities under this section.
(c) The department shall adopt rules under IC 4-22-2 relating to
the 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 (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 person must notify the department regarding the name change not
more than ten (10) business days after the court enters a decree
changing the person's name.
(b) The notice under subsection (a) must include a copy of the
decree of the court that changes the name of the person, certified
under 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 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 transferred to and be included in the child protection
index. The department shall maintain and administer all reports and
documents transferred to and included in the child protection index
as provided in this chapter.
As added by P.L.138-2007, SEC.67.