CHAPTER 1. CIRCUMSTANCES UNDER WHICH A CHILD IS A CHILD IN NEED OF SERVICES
IC 31-34
ARTICLE 34. JUVENILE LAW: CHILDREN IN NEEDOF SERVICES
IC 31-34-1
Chapter 1. Circumstances Under Which a Child Is a Child in Needof Services
IC 31-34-1-1
Inability, refusal, or neglect of parent, guardian, or custodian tosupply child with necessary food, clothing, shelter, medical care,education, or supervision
Sec. 1. A child is a child in need of services if before the childbecomes eighteen (18) years of age:
(1) the child's physical or mental condition is seriously impairedor seriously endangered as a result of the inability, refusal, orneglect of the child's parent, guardian, or custodian to supplythe child with necessary food, clothing, shelter, medical care,education, or supervision; 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 thecoercive intervention of the court.
As added by P.L.1-1997, SEC.17. Amended by P.L.2-2005, SEC.76.
IC 31-34-1-2
Act or omission of parent, guardian, or custodian seriouslyendangering child's physical or mental health
Sec. 2. (a) A child is a child in need of services if before the childbecomes eighteen (18) years of age:
(1) the child's physical or mental health is seriously endangereddue 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 thecoercive intervention of the court.
(b) Evidence that the illegal manufacture of a drug or controlledsubstance is occurring on property where a child resides creates arebuttable presumption that the child's physical or mental health isseriously endangered.
As added by P.L.1-1997, SEC.17. Amended by P.L.17-2001, SEC.8;P.L.2-2005, SEC.77.
IC 31-34-1-3
Victim of sex offense; living in household with victim of sex offense
Sec. 3. (a) A child is a child in need of services if, before the childbecomes eighteen (18) years of age:
(1) the child is the victim of a sex offense under:
(A) IC 35-42-4-1; (B) IC 35-42-4-2;
(C) IC 35-42-4-3;
(D) IC 35-42-4-4;
(E) IC 35-42-4-7;
(F) IC 35-42-4-9;
(G) IC 35-45-4-1;
(H) IC 35-45-4-2;
(I) IC 35-46-1-3; or
(J) the law of another jurisdiction, including a military court,that is substantially equivalent to any of the offenses listedin clauses (A) through (I); 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 thecoercive intervention of the court.
(b) A child is a child in need of services if, before the childbecomes eighteen (18) years of age:
(1) the child lives in the same household as another child whois the victim of a sex offense under:
(A) IC 35-42-4-1;
(B) IC 35-42-4-2;
(C) IC 35-42-4-3;
(D) IC 35-42-4-4;
(E) IC 35-42-4-7;
(F) IC 35-42-4-9;
(G) IC 35-45-4-1;
(H) IC 35-45-4-2;
(I) IC 35-46-1-3; or
(J) the law of another jurisdiction, including a military court,that is substantially equivalent to any of the offenses listedin clauses (A) through (I);
(2) the child lives in the same household as the adult whocommitted the sex offense under subdivision (1) and the sexoffense resulted in a conviction or a judgment underIC 31-34-11-2;
(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 thecoercive intervention of the court; and
(4) a caseworker assigned to provide services to the child:
(A) places the child in a program of informal adjustment orother family or rehabilitative services based upon theexistence of the circumstances described in subdivisions (1)and (2) and the assigned caseworker subsequentlydetermines further intervention is necessary; or
(B) determines that a program of informal adjustment orother family or rehabilitative services is inappropriate.
As added by P.L.1-1997, SEC.17. Amended by P.L.18-2004, SEC.1.
IC 31-34-1-4 Parent, guardian, or custodian allowing child's participation inobscene performance
Sec. 4. A child is a child in need of services if before the childbecomes eighteen (18) years of age:
(1) the child's parent, guardian, or custodian allows the child toparticipate in an obscene performance (as defined byIC 35-49-2-2 or IC 35-49-3-2); 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 thecoercive intervention of the court.
As added by P.L.1-1997, SEC.17. Amended by P.L.2-2005, SEC.78.
IC 31-34-1-5
Parent, guardian, or custodian allowing child to commit sex offense
Sec. 5. A child is a child in need of services if before the childbecomes eighteen (18) years of age:
(1) the child's parent, guardian, or custodian allows the child tocommit a sex offense prohibited by IC 35-45-4; 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 thecoercive intervention of the court.
As added by P.L.1-1997, SEC.17. Amended by P.L.2-2005, SEC.79.
IC 31-34-1-6
Child substantially endangering own or another's health
Sec. 6. A child is a child in need of services if before the childbecomes eighteen (18) years of age:
(1) the child substantially endangers the child's own health orthe health of another individual; 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 thecoercive intervention of the court.
As added by P.L.1-1997, SEC.17. Amended by P.L.2-2005, SEC.80.
IC 31-34-1-7
Parent, guardian, or custodian failing to participate in schooldisciplinary proceeding
Sec. 7. A child is a child in need of services if before the childbecomes eighteen (18) years of age:
(1) the child's parent, guardian, or custodian fails to participatein a disciplinary proceeding in connection with the student'simproper behavior, as provided for by IC 20-33-8-26, if thebehavior of the student has been repeatedly disruptive in theschool; 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.
As added by P.L.1-1997, SEC.17. Amended by P.L.1-2005, SEC.203.
IC 31-34-1-8
Missing child
Sec. 8. A child is a child in need of services if before the childbecomes eighteen (18) years of age:
(1) the child is a missing child (as defined in IC 10-13-5-4); 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 thecoercive intervention of the court.
As added by P.L.1-1997, SEC.17. Amended by P.L.2-2003, SEC.73.
IC 31-34-1-9
Disabled child deprived of necessary nutrition or medical orsurgical intervention
Sec. 9. A child in need of services under section 1, 2, 3, 4, 5, 6, 7,or 8 of this chapter includes a child with a disability who:
(1) is deprived of nutrition that is necessary to sustain life; or
(2) is deprived of medical or surgical intervention that isnecessary to remedy or ameliorate a life threatening medicalcondition;
if the nutrition or medical or surgical intervention is generallyprovided to similarly situated children with or without disabilities.
As added by P.L.1-1997, SEC.17. Amended by P.L.131-2009,SEC.58.
IC 31-34-1-10
Child born with fetal alcohol syndrome or with controlledsubstance or legend drug in child's body
Sec. 10. Except as provided in sections 12 and 13 of this chapter,a child is a child in need of services if:
(1) the child is born with:
(A) fetal alcohol syndrome; or
(B) any amount, including a trace amount, of a controlledsubstance or a legend drug in the child's body; and
(2) the child needs care, treatment, or rehabilitation that:
(A) the child is not receiving; or
(B) is unlikely to be provided or accepted without thecoercive intervention of the court.
As added by P.L.1-1997, SEC.17.
IC 31-34-1-11
Risks or injuries arising from use of alcohol, controlled substance,or legend drug by child's mother during pregnancy
Sec. 11. Except as provided in sections 12 and 13 of this chapter,a child is a child in need of services if:
(1) the child:
(A) has an injury; (B) has abnormal physical or psychological development; or
(C) is at a substantial risk of a life threatening condition;
that arises or is substantially aggravated because the child'smother used alcohol, a controlled substance, or a legend drugduring pregnancy; and
(2) the child needs care, treatment, or rehabilitation that:
(A) the child is not receiving; or
(B) is unlikely to be provided or accepted without thecoercive intervention of the court.
As added by P.L.1-1997, SEC.17. Amended by P.L.2-2005, SEC.81.
IC 31-34-1-12
Exception for mother's good faith use of legend drug according toprescription
Sec. 12. A child is not a child in need of services under section 10or 11 of this chapter if:
(1) a drug detected in the body of the child under section 10(1)of this chapter or the condition described in section 11(1) of thischapter was caused by a legend drug; and
(2) during pregnancy the child's mother:
(A) possessed a valid prescription for the legend drug;
(B) was not in violation of IC 16-42-19 (the Indiana legenddrug act); and
(C) made a good faith attempt to use the legend drugaccording to the prescription instructions.
As added by P.L.1-1997, SEC.17.
IC 31-34-1-13
Exception for mother's good faith use of controlled substanceaccording to prescription
Sec. 13. A child is not a child in need of services under section 10or 11 of this chapter if:
(1) a drug detected in the body of the child under section 10(1)of this chapter or the condition described in section 11(1) of thischapter was caused by a controlled substance; and
(2) during pregnancy the child's mother:
(A) possessed a valid prescription for the controlledsubstance; and
(B) made a good faith attempt to use the controlledsubstance according to the prescription instructions.
As added by P.L.1-1997, SEC.17.
IC 31-34-1-14
Exception for failure of parent, guardian, or custodian to providemedical treatment because of religious beliefs; rebuttablepresumption; effect of presumption
Sec. 14. If a parent, guardian, or custodian fails to provide specificmedical treatment for a child because of the legitimate and genuinepractice of the religious beliefs of the parent, guardian, or custodian,a rebuttable presumption arises that the child is not a child in need of
services because of the failure. However, this presumption does notdo any of the following:
(1) Prevent a juvenile court from ordering, when the health ofa child requires, medical services from a physician licensed topractice medicine in Indiana.
(2) Apply to situations in which the life or health of a child isin serious danger.
As added by P.L.1-1997, SEC.17.
IC 31-34-1-15
Effect of chapter on use of corporal punishment or religiouspractices
Sec. 15. This chapter does not do any of the following:
(1) Limit the right of a parent, guardian, or custodian of a childto use reasonable corporal punishment when disciplining thechild.
(2) Limit the lawful practice or teaching of religious beliefs.
As added by P.L.1-1997, SEC.17.
IC 31-34-1-16
Termination of parental rights or transfer of custody may not berequired; voluntary placement agreements
Sec. 16. (a) The department may not:
(1) initiate a court proceeding to:
(A) terminate the parental rights concerning; or
(B) transfer legal custody of; or
(2) require a parent, guardian, or custodian to consent to:
(A) the termination of parental rights; or
(B) transfer of legal custody of;
a child with an emotional, a behavioral, or a mental disorder or adevelopmental or physical disability who is voluntarily placed out ofthe home for the purpose of obtaining special treatment or care,solely because the parent, guardian, or custodian is unable to providethe treatment or care. Relinquishment of custody of a child describedin this subsection may not be made a condition for receipt of servicesor care delivered or funded by the department or the county office offamily and children.
(b) When a child described in subsection (a) is voluntarily placedout of the home to receive special treatment or care, the departmentand the parent, guardian, or custodian of the child may execute avoluntary placement agreement that includes the following:
(1) A statement that, by entering into a voluntary placementagreement, the parent, guardian, or custodian of the child is nottransferring legal custody of the child to the department.
(2) A statement specifying the legal status of the child.
(3) A statement specifying the rights and obligations of theparent, guardian, or custodian.
As added by P.L.282-2001, SEC.3. Amended by P.L.145-2006,SEC.289.