Citations Affected: IC 31-33.
Synopsis: DCS investigation of sexual abuse cases. Permits the
department of child services (DCS) to determine that a report of
suspected child abuse or neglect is not substantiated if: (1) the incident
of suspected child abuse or neglect involves acts that would constitute
sexual misconduct with a minor; (2) the Romeo and Juliet defense to
sexual misconduct with a minor applies; and (3) the prosecuting
attorney does not charge the person with sexual misconduct with a
minor. Specifies that an administrative hearing officer may consider
Romeo and Juliet evidence in determining whether a substantiated
report of child abuse or neglect should be expunged from the child
Effective: July 1, 2011.
January 18, 2011, read first time and referred to Committee on Family, Children and
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: 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 relevant evidence is presented at the hearing, the administrative hearing officer may consider whether IC 31-33-8-7.5 applies.
(d) (e) 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) (f) The department shall maintain the confidentiality of an abuse
or a neglect report during the administrative process.
(f) (g) The administrative hearing shall be closed.
(g) (h) The administrative files shall be closed and not disclosed to