2018 Indiana Code
TITLE 31. Family Law and Juvenile Law
ARTICLE 34. JUVENILE LAW: CHILDREN IN NEED OF SERVICES
CHAPTER 1. Circumstances Under Which a Child Is a Child in Need of Services
31-34-1-2. Act or omission of parent, guardian, or custodian seriously endangering child's physical or mental health; victim of specified offense

Universal Citation: IN Code § 31-34-1-2 (2018)
IC 31-34-1-2 Act or omission of parent, guardian, or custodian seriously endangering child's physical or mental health; victim of specified offense

     Sec. 2. (a) A child is a child in need of services if before the child becomes eighteen (18) years of age:

(1) the child's physical or mental health is seriously endangered due to injury by the act or omission of the child's parent, guardian, or custodian; and

(2) the child needs care, treatment, or rehabilitation that:

(A) the child is not receiving; and

(B) is unlikely to be provided or accepted without the coercive intervention of the court.

     (b) A child is a child in need of services if, before the child becomes eighteen (18) years of age, the child:

(1) is a victim of:

(A) an offense under IC 35-42-1-2.5;

(B) an offense under IC 35-42-2-1;

(C) an offense under IC 35-42-2-1.3;

(D) an offense under IC 35-42-2-1.5;

(E) an offense under IC 35-42-2-9;

(F) an offense under IC 35-46-1-4;

(G) an attempt or conspiracy to commit:

(i) an offense listed in clauses (A) through (F); or

(ii) an offense under IC 35-42-1-1, IC 35-42-1-2, IC 35-42-1-3, IC 35-42-1-4, or IC 35-42-1-5; or

(H) an offense under the law of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in clauses (A) through (G); and

(2) needs care, treatment, or rehabilitation that:

(A) the child is not receiving; and

(B) is unlikely to be provided or accepted without the coercive intervention of the court.

     (c) A child is a child in need of services if, before the child becomes eighteen (18) years of age, the child:

(1) lives in the same household as an adult who:

(A) committed:

(i) an offense described in subsection (b)(1); or

(ii) an offense under IC 35-42-1-1, IC 35-42-1-2, IC 35-42-1-3, IC 35-42-1-4, or IC 35-42-1-5;

against another child who lives in the household and the offense resulted in a conviction or a judgment under IC 31-34-11-2; or

(B) has been charged with committing an offense described in clause (A) against another child who lives in the household and is awaiting trial; and

(2) needs care, treatment, or rehabilitation that:

(A) the child is not receiving; and

(B) is unlikely to be provided or accepted without the coercive intervention of the court.

     (d) Evidence that the illegal manufacture of a drug or controlled substance is occurring on property where a child resides creates a rebuttable presumption that the child's physical or mental health is seriously endangered.

[Pre-1997 Recodification Citation: 31-6-4-3(a) part.]

As added by P.L.1-1997, SEC.17. Amended by P.L.17-2001, SEC.8; P.L.2-2005, SEC.77; P.L.71-2018, SEC.1.

 

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