Section 31-34-1-2 - Act or omission of parent, guardian, or custodian seriously endangering child's physical or mental health; victim of specified offense(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:(1) the child 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 35-42-2-10; or(G) an offense under IC 35-46-1-4;(2) the offense described in subdivision (1) was committed by the parent, guardian, or custodian of the child; and(3) 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.(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.
Amended by P.L. 172-2022,SEC. 7, eff. 3/18/2022.Amended by P.L. 51-2021,SEC. 3, eff. 7/1/2021.Amended by P.L. 142-2020,SEC. 40, eff. 7/1/2020.Amended by P.L. 71-2018,SEC. 1, eff. 7/1/2018.As added by P.L. 1-1997, SEC.17. Amended by P.L. 17-2001, SEC.8; P.L. 2-2005, SEC.77.