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
31-34-1-3. Victim of specified offense; living in household with a child victim of a specified offense or an adult who committed or is charged with a specified offense
Sec. 3. (a) A child is a child in need of services if, before the child becomes eighteen (18) years of age:
(1) the child is the victim of an offense under:
(A) IC 35-42-4-1;
(B) IC 35-42-4-2 (before its repeal);
(C) IC 35-42-4-3;
(D) IC 35-42-4-4;
(E) IC 35-42-4-5;
(F) IC 35-42-4-6;
(G) IC 35-42-4-7;
(H) IC 35-42-4-8;
(I) IC 35-42-4-9;
(J) IC 35-45-4-1;
(K) IC 35-45-4-2;
(L) IC 35-45-4-3;
(M) IC 35-45-4-4;
(N) IC 35-46-1-3; or
(O) the law of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in clauses (A) through (N); 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) lives in the same household as an adult who:
(A) committed an offense described in subsection (a)(1) against a child and the offense resulted in a conviction or a judgment under IC 31-34-11-2; or
(B) has been charged with an offense described in subsection (a)(1) against a child 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.
(c) A child is a child in need of services if, before the child becomes eighteen (18) years of age:
(1) the child lives in the same household as another child who is the victim of an offense described in subsection (a)(1);
(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; and
(3) a caseworker assigned to provide services to the child:
(A) places the child in a program of informal adjustment or other family or rehabilitative services based on the existence of the circumstances described in subdivisions (1) and (2), and the caseworker subsequently determines further intervention is necessary; or
(B) determines that a program of informal adjustment or other family or rehabilitative services is inappropriate.
(d) A child is a child in need of services if, before the child becomes eighteen (18) years of age:
(1) the child lives in the same household as an adult who:
(A) committed a human or sexual trafficking offense under IC 35-42-3.5-1 through IC 35-42-3.5-1.4 or the law of another jurisdiction, including federal law, that resulted in a conviction or a judgment under IC 31-34-11-2; or
(B) has been charged with a human or sexual trafficking offense under IC 35-42-3.5-1 through IC 35-42-3.5-1.4 or the law of another jurisdiction, including federal law, and is awaiting trial; 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.
[Pre-1997 Recodification Citation: 31-6-4-3(a) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.18-2004, SEC.1; P.L.158-2013, SEC.319; P.L.214-2013, SEC.26; P.L.168-2014, SEC.43; P.L.16-2016, SEC.1; P.L.46-2016, SEC.7; P.L.183-2017, SEC.39; P.L.144-2018, SEC.6.
