Ind. Code § 31-34-1-2
Act or omission of parent, guardian, or custodian seriously endangering child's physical or mental health; victim of specified offense
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2025
As of January 1, 2018
Sec. 2. (a) A child is a child in need of services if before the child becomes eighteen (18) years of age:
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
(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, including failure of the child's parent, guardian, or custodian to protect the child from exposure to the use, possession, sale, or manufacture of illegal drugs; 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.
(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.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.