How Long Does a DCS Substantiation Stay on Your Record in Indiana?

If you’ve received a notice from the Indiana Department of Child Services, one question tends to rise above all others:

How long does a DCS substantiation stay on your record in Indiana?

The answer surprises many parents.

A DCS substantiation does not automatically expire. It does not fall off after five years. It does not disappear when a CHINS case closes. In Indiana, a substantiation remains in the Child Protection Index unless it is formally expunged under state law.

That reality can affect your job, your professional license, and even future custody proceedings.

At Vining Legal, we represent parents across Indiana in DCS investigations, CHINS cases, and substantiation appeals. If you’ve received a substantiation notice, you should not ignore it. Call or text (317) 759-3225 or schedule a consultation at https://indianalawyer.esq/contact.

What Is a DCS Substantiation?

When the Indiana Department of Child Services investigates a report of abuse or neglect, it must classify the allegation under Indiana Code § 31-33.

After investigating, DCS labels the report as substantiated, unsubstantiated, or unable to determine.

If it is substantiated, your name is entered into Indiana’s Child Protection Index (CPI). This is not a criminal conviction. You are not entitled to a jury trial. The standard of proof is lower than in criminal court. But the consequences can be serious.

The CPI is accessible to certain employers and agencies that work with children or vulnerable populations. That means a substantiation can follow you into job applications, licensing reviews, and family court proceedings.

So How Long Does It Stay There?

In plain terms, a DCS substantiation stays on your record indefinitely unless one of the statutory expungement triggers occurs.

Indiana law does not provide a general “wait a certain number of years and it disappears” rule. Unlike criminal records governed by Indiana Code § 35-38-9, there is no standard petition process that automatically becomes available after time passes.

Instead, removal depends on specific legal outcomes.

Under Indiana Code § 31-33-26-15, DCS must expunge a substantiated report within ten working days if:

• A CHINS court determines that abuse or neglect did not occur.

• An administrative appeal results in a final agency decision that the report is unsubstantiated.

• A juvenile court enters an order for expungement under Indiana Code § 31-33-27-5.

If none of those things happen, the substantiation remains.

There is no automatic aging-out provision simply because time passes.

What About a Dismissed CHINS Case?

This is where many parents misunderstand the system.

A CHINS case being dismissed does not automatically remove a substantiation. The statute requires a determination that abuse or neglect did not occur. If a case closes without that specific finding, the CPI entry may still exist.

That distinction can matter years later when someone applies for a nursing license, seeks foster placement approval, or becomes involved in a custody dispute.

The 30-Day Window Most Parents Miss

After DCS issues a substantiation notice, you generally have 30 days to request administrative review under Indiana Code § 31-33-26-10.

That deadline is critical.

If you timely request review, you have the opportunity to challenge the evidence before an administrative law judge. If you do not, the substantiation becomes far more difficult to undo later.

In many cases, parents do not realize the long-term consequences until years have passed. By then, options are narrower and the legal strategy becomes more complex.

How a DCS Substantiation Can Affect Your Future

Because CPI information may be accessed during background checks, a substantiation can impact employment in:

• Healthcare

• Education

• Childcare

• Foster and adoption services

It can also surface in family law proceedings. Under Indiana Code § 31-17-2-8, courts evaluate the best interests of the child. Allegations of abuse or neglect — even if not criminally charged — can influence custody determinations.

In other words, a substantiation may follow you far longer than you expect.

Can an Old Substantiation Ever Be Removed?

Possibly, but it depends on the facts.

We examine whether proper notice was given, whether appeal rights were clearly communicated, whether later court findings undermine the substantiation, and whether procedural errors occurred during the investigation.

There is no one-size-fits-all solution. But there are often more options than people realize — especially if the issue is identified early.

Why You Should Not Ignore a Substantiation

Many parents assume that because there were no criminal charges, the matter is over.

It is not.

A DCS substantiation can stay on your record in Indiana indefinitely unless it is expunged through the statutory mechanisms described above. Time alone does not solve the problem.

If you have received a substantiation notice — or if you recently discovered an old CPI entry — this is the moment to act.

Speak With an Indiana DCS Defense Attorney

DCS cases move quickly, and deadlines matter.

At Vining Legal, we represent parents throughout Indiana in DCS investigations, CHINS proceedings, administrative appeals, and custody matters involving substantiated findings.

If you are asking how long a DCS substantiation stays on your record in Indiana, you deserve a clear answer and a real plan.

Call or text (317) 759-3225 or schedule a confidential consultation at:

https://indianalawyer.esq/contact

The sooner you address it, the more control you have over your record — and your family’s future.