Section 31-34-12-7 - Failure to submit to drug or alcohol test(a) For purposes of an assessment by the department, if: (1) a parent, guardian, or custodian had care, custody, and control of the child immediately before the child died;(2) a law enforcement officer or an employee of the department had probable cause to believe the parent, guardian, or custodian was impaired, intoxicated, or under the influence of drugs or alcohol immediately before or at the time of the child's death;(3) a law enforcement officer or an employee of the department requests, not later than three (3) hours after the death of the child, the parent, guardian, or custodian to submit to a drug or alcohol screen test; and(4) the parent, guardian, or custodian did not submit to a drug or alcohol screen test within three (3) hours after the request by a law enforcement officer or an employee of the department; the failure to submit to the drug or alcohol test may be used to determine that the parent, guardian, or custodian was intoxicated or under the influence of alcohol or drugs at the time of the child's death for the purpose of the determination required under IC 31-33-8-12.
(b) Evidence from a drug or alcohol screen test administered under this section is not admissible as evidence in a criminal proceeding.As added by P.L. 131-2009, SEC.63.