IC 31-34-2.3
    Chapter 2.3. Child Protective Orders for Removal of AllegedPerpetrators

IC 31-34-2.3-1
Petition to remove alleged perpetrator of child abuse or neglectfrom child's residence
    Sec. 1. If, after an investigation, the department determines that:
        (1) there is probable cause to believe that a child is a child inneed of services; and
        (2) the child would be protected in the child's residence by theremoval of the alleged perpetrator of child abuse or neglect;
the department may file a petition to remove the alleged perpetratorfrom the child's residence instead of attempting to remove the childfrom the child's residence.
As added by P.L.52-2007, SEC.8.

IC 31-34-2.3-2
Temporary child protective order; petition
    Sec. 2. A court may issue a temporary child protective order in anaction by the department for the removal of an alleged perpetrator ofchild abuse or neglect under section 1 of this chapter without ahearing if the department's petition to remove the alleged perpetratorstates facts sufficient to satisfy the court of all of the following:
        (1) There is an immediate danger to the physical health orsafety of the child or the child has been a victim of sexualabuse.
        (2) There is not time for an adversary hearing given theimmediate danger to the physical health or safety of the child.
        (3) The child is not in danger of child abuse or neglect from aparent or other adult with whom the child will continue toreside in the child's residence.
        (4) The issuance of a temporary child protective order is in thebest interest of the child.
As added by P.L.52-2007, SEC.8.

IC 31-34-2.3-3
Serving temporary child protective order
    Sec. 3. The department shall serve a temporary child protectiveorder issued under section 2 of this chapter on:
        (1) the alleged perpetrator of child abuse or neglect; and
        (2) the parent or other adult with whom the child will continueto reside.
As added by P.L.52-2007, SEC.8.

IC 31-34-2.3-4
Hearing; notice
    Sec. 4. (a) A juvenile court shall hold a hearing on the temporarychild protective order issued under this chapter not more thanforty-eight (48) hours (excluding Saturdays, Sundays, and any day on

which a legal holiday is observed for state employees as provided inIC 1-1-9) after the temporary child protective order is issued.
    (b) The department shall provide notice of the time, place, andpurpose of the hearing to the following:
        (1) The child.
        (2) The child's parent, guardian, or custodian if the person canbe located.
        (3) Any adult with whom the child is residing.
        (4) The alleged perpetrator of child abuse or neglect.
As added by P.L.52-2007, SEC.8.

IC 31-34-2.3-5
Issuing child protective order; other relief; valid
    Sec. 5. (a) After notice and a hearing, the court may issue a childprotective order if the department's petition to remove the allegedperpetrator states facts sufficient to satisfy the court that:
        (1) the child is not in danger of child abuse or neglect from aparent or other adult with whom the child will continue toreside in the child's residence; and
        (2) one (1) or more of the following exist:
            (A) The presence of the alleged perpetrator of child abuse orneglect in the child's residence constitutes a continuingdanger to the physical health or safety of the child.
            (B) The child has been the victim of sexual abuse, and thereis a substantial risk that the child will be the victim of sexualabuse in the future if the alleged perpetrator of child abuseor neglect remains in the child's residence.
    (b) If the court issues a child protective order under this section,the court may grant other relief as provided under IC 34-26-5-9.
    (c) A child protective order issued under this section is valid untilone (1) of the following occurs:
        (1) The court determines the child is not a child in need ofservices.
        (2) The child is adjudicated a child in need of services and thecourt enters a dispositional decree.
As added by P.L.52-2007, SEC.8.

IC 31-34-2.3-6
Duties for parent or other custodian of child; order
    Sec. 6. A temporary child protective order issued under thischapter or any other order that requires the removal of an allegedperpetrator of child abuse or neglect from the residence of a childmust require that the parent or other adult with whom the child willcontinue to reside in the child's residence makes reasonable efforts:
        (1) to monitor the residence; and
        (2) to report to the department and the appropriate lawenforcement agency any attempt by the alleged perpetrator ofchild abuse or neglect to return to the child's residence.
As added by P.L.52-2007, SEC.8.
IC 31-34-2.3-7
Violation of order by parent or other custodian of child
    Sec. 7. A parent or other adult with whom a child continues toreside after the issuance of a child protective order issued undersection 2 or 5 of this chapter for removal of an alleged perpetrator ofchild abuse or neglect who knowingly or intentionally fails to complywith the requirements under section 6 of this chapter commits a ClassA misdemeanor.
As added by P.L.52-2007, SEC.8.

IC 31-34-2.3-8
Violation of order by alleged perpetrator of child abuse or neglect
    Sec. 8. An alleged perpetrator of child abuse who knowingly orintentionally returns to a child's residence in violation of a childprotective order issued under section 2 or 5 of this chapter commitsa Class A misdemeanor. However, the offense is a Class D felony ifthe alleged perpetrator has a prior unrelated conviction under thissection.
As added by P.L.52-2007, SEC.8.