(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 e 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.]As added by P.L.1-1997, SEC.17. 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.]As added by P.L.1-1997, SEC.17. Amended by P.L.17-2001, SEC.8; P.L.2-2005, SEC.77; P.L.71-2018, SEC.1; P.L.142-2020, SEC.40; P.L.51-2021, SEC.3; P.L.172-2022, SEC.7.
Indiana Legal Code