Ind. Code § 31-34-12-4

Presumption that child is child in need of services

Applied in 5 court decisions — leading case Miles v. Miami County Division of Family & Children (2000)

Most recently applied in In the Matter of: A.A.S. (Minor Child) and J.A.S. (Father) v. The Indiana Department of Child Services (mem. dec.) (January 2019)

As added by P.L.1-1997, SEC.17

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 4. A rebuttable presumption is raised that the child is a child in need of services because of an act or omission of the child's parent, guardian, or custodian if the state introduces competent evidence of probative value that:

(1) the child has been injured;

(2) at the time the child was injured, the parent, guardian, or custodian:

(A) had the care, custody, or control of the child; or

(B) had legal responsibility for the care, custody, or control of the child;

(3) the injury would not ordinarily be sustained except for the act or omission of a parent, guardian, or custodian; and

(4) there is a reasonable probability that the injury was not accidental.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.