Section 31-37-22-11 - Vacating adjudication of trafficked child; requirements and notice(a) As used in this section, "trafficked child" means a child who was the victim of human trafficking (IC 35-42-3.5), regardless of whether the person who committed the human trafficking offense was charged, tried, or convicted. The term includes a person who is now an adult.(b) Upon the written motion of a trafficked child, or any person acting on behalf of a trafficked child, the court that adjudicated the trafficked child a delinquent child shall vacate the adjudication issued with respect to the trafficked child, if the movant proves by a preponderance of the evidence that: (1) the child was a trafficked child at the time the child performed the delinquent act that resulted in the adjudication;(2) the delinquent act did not result in bodily injury to another person; and(3) at the time the child committed the delinquent act, the child was:(B) under the control of; another person.
(c) Before vacating an adjudication under subsection (b), the court shall:(1) forward a copy of the motion to the prosecuting attorney; and(2) conduct a hearing at which the prosecuting attorney and the movant are entitled to be heard.Amended by P.L. 142-2020,SEC. 48, eff. 7/1/2020.Added by P.L. 86-2017,SEC. 6, eff. 7/1/2017.