1. (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. (1) A court having jurisdiction over a child in need of services proceeding determines that child abuse or neglect has not occurred.
   2. (2) An administrative hearing officer under this chapter has issued a recommendation regarding a child abuse or neglect report and the ultimate authority of the department has issued a written final agency action determining that the report is unsubstantiated.
   3. (3) A court having juvenile jurisdiction enters an order for expungement of the report under IC 31-33-27-5 .

2. (b) The department shall amend a substantiated report contained in the index by deleting the name of an alleged perpetrator if:

   1. (1) a court having jurisdiction over a child in need of services proceeding; or

   2. (2) the ultimate authority of the department, after issuance of a recommendation by an administrative hearing officer under this chapter;

      finds that the person was not a perpetrator of the child abuse or neglect that occurred.

As added by P.L.138-2007, SEC.67. Amended by P.L.131-2009, SEC.57; P.L.48-2012, SEC.55; P.L.13-2021, SEC.14.