Bill Text: IN HB1446 | 2011 | Regular Session | Introduced
Bill Title: DCS investigation of sexual abuse cases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-18 - First reading: referred to Committee on Family, Children and Human Affairs [HB1446 Detail]
Download: Indiana-2011-HB1446-Introduced.html
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
protection index.
Effective: July 1, 2011.
January 18, 2011, read first time and referred to Committee on Family, Children and
Human Affairs.
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(1) a suspected incident of child abuse or neglect involves a person at least eighteen (18) years of age who performs or submits to consensual sexual intercourse or deviate sexual conduct with a child at least fourteen (14) years of age but less than sixteen (16) years of age;
(2) the department determines that the defense under IC 35-42-4-9(e) applies to the person allegedly responsible for the incident of child abuse or neglect; and
(3) the person allegedly responsible for the incident of child abuse or neglect is not charged with sexual misconduct with a minor (IC 35-42-4-9);
the department may determine that the report of child abuse or neglect is not substantiated.
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
the public.
