Understanding DCS Expungement in Indiana: Lessons from K.M. v. DCS (2025)
Introduction: Why DCS Expungement Matters
When the Indiana Department of Child Services (DCS) substantiates an allegation of abuse or neglect, the findings can follow a parent or caregiver for years—even when those allegations turn out to be wrong. DCS substantiations can affect employment, volunteering, and future investigations.
A recent appellate decision, K.M. v. Indiana Department of Child Services, Court of Appeals Case No. 24A-XP-1783 (Mar. 28, 2025), helps clarify how courts apply Indiana’s DCS expungement law and what factors determine whether a substantiated report can be cleared from DCS records.
What Is a DCS Substantiation?
When DCS investigates a report of child abuse or neglect, the agency decides whether the report is:
Unsubstantiated (not supported by evidence), or
Substantiated (supported by “a preponderance of the evidence”).
If DCS substantiates a report, the person’s name is added to Indiana’s Child Protection Index (CPI)—a confidential database accessible to certain employers, agencies, and child care providers.
Even if the case is later closed, the substantiation can remain in the CPI indefinitely unless it is expunged under Indiana law.
The Case: K.M. v. Indiana Department of Child Services
In K.M., a mother’s infant was hospitalized with fractures that were initially believed to be the result of abuse. DCS substantiated the report and filed a CHINS case, and the State filed criminal neglect charges.
Later, a genetic specialist diagnosed the child—and both parents—with Ehlers-Danlos Syndrome (EDS), a condition known to cause bone fragility. Once that diagnosis was confirmed, both the CHINS case and the criminal case were dismissed.
However, DCS kept the substantiation on file, and the mother’s name remained on the CPI. She filed a petition to have the record expunged under Indiana Code § 31-33-27-5.
Indiana’s Legal Standard for Expunging DCS Substantiation Records
Under Indiana Code § 31-33-27-5, a person may ask a court to order DCS to expunge a substantiated report.
To succeed, the petitioner must prove two elements by clear and convincing evidence:
There is little likelihood the person will be a perpetrator of abuse or neglect in the future; and
The information in DCS’s records has insufficient current probative value to justify keeping it.
These two requirements ensure that expungement is available when:
The person no longer poses any risk, and
Keeping the record serves no legitimate purpose.
How the Court Applied the Standard
In K.M., the trial court found that the mother met the first requirement—there was little likelihood she would ever be a perpetrator of abuse or neglect. The judge even noted that she was “an excellent mother” and had done everything possible to find the true medical cause of her child’s injuries.
However, the court denied expungement based on the second requirement, reasoning that the substantiation might still have “probative value” if the mother sought employment working with children.
On appeal, the Court of Appeals disagreed, finding that once the evidence proved the injuries were caused by a genetic condition—not abuse—keeping the substantiation no longer served any purpose. The court held that information proven false cannot have probative value and that the trial court’s reasoning was inconsistent with the facts and purpose of the statute.
Why Expunging DCS Records Is Important
Even when a DCS case is closed, a substantiated report can create serious, long-term barriers:
Employment: Many schools, daycare centers, and healthcare providers check the Child Protection Index before hiring.
Volunteering: Parents with substantiations are often denied opportunities to volunteer or attend field trips at their child’s school.
Reputation and relationships: A lingering substantiation can unfairly damage trust in the community.
Future investigations: DCS may reference prior substantiations in later cases, even if the prior report was unfounded or later disproven.
The expungement process allows parents and caregivers to remove inaccurate or outdated information so that false or misleading records don’t follow them indefinitely.
When to Talk to an Attorney
Because DCS expungement involves both administrative and court processes, legal assistance can make a major difference.
An attorney experienced in Indiana family law and DCS matters can help you:
Review your DCS record and determine eligibility,
Collect medical or legal documentation,
Prepare the expungement petition, and
Represent you at the hearing if DCS objects.
If you believe you were wrongly substantiated or your record is outdated, legal help can ensure that the proper standard is applied and that your name is cleared.
Contact Vining Legal
At Vining Legal, we help Indiana parents protect their rights and reputations.
If you need to remove a substantiated DCS finding from your record, we can help guide you through the expungement process.
Call or text (317) 759-3225 or schedule your consultation online.
