2019 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
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.
