IC 31-34 ARTICLE 34. JUVENILE LAW: CHILDREN IN NEED
OF SERVICES
IC 31-34-1
Chapter 1. Circumstances Under Which a Child Is a Child in Need
of Services
IC 31-34-1-1 Inability, refusal, or neglect of parent, guardian, or custodian to
supply 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 child
becomes eighteen (18) years of age:
(1) the child's physical or mental condition is seriously impaired
or seriously endangered as a result of the inability, refusal, or
neglect of the child's parent, guardian, or custodian to supply
the 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 the
coercive 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 seriously
endangering child's physical or mental health
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
(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) 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. 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 child
becomes 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 listed
in 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 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 lives in the same household as another child who
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 listed
in clauses (A) through (I);
(2) the child lives in the same household as the adult who
committed the sex offense under subdivision (1) and the sex
offense resulted in a conviction or a judgment under
IC 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 the
coercive 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 or
other family or rehabilitative services based upon the
existence of the circumstances described in subdivisions (1)
and (2) and the assigned caseworker subsequently
determines further intervention is necessary; or
(B) determines that a program of informal adjustment or
other 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 in
obscene performance
Sec. 4. A child is a child in need of services if before the child
becomes eighteen (18) years of age:
(1) the child's parent, guardian, or custodian allows the child to
participate in an obscene performance (as defined by
IC 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 the
coercive 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 child
becomes eighteen (18) years of age:
(1) the child's parent, guardian, or custodian allows the child to
commit 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 the
coercive 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 child
becomes eighteen (18) years of age:
(1) the child substantially endangers the child's own health or
the 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 the
coercive 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 school
disciplinary proceeding
Sec. 7. A child is a child in need of services if before the child
becomes eighteen (18) years of age:
(1) the child's parent, guardian, or custodian fails to participate
in a disciplinary proceeding in connection with the student's
improper behavior, as provided for by IC 20-33-8-26, if the
behavior of the student has been repeatedly disruptive in the
school; 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 child
becomes 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 the
coercive 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 or
surgical 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 is
necessary to remedy or ameliorate a life threatening medical
condition;
if the nutrition or medical or surgical intervention is generally
provided 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 controlled
substance 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 controlled
substance 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 the
coercive 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's
mother used alcohol, a controlled substance, or a legend drug
during 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 the
coercive 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 to
prescription
Sec. 12. A child is not a child in need of services under section 10
or 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 this
chapter 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 legend
drug act); and
(C) made a good faith attempt to use the legend drug
according 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 substance
according to prescription
Sec. 13. A child is not a child in need of services under section 10
or 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 this
chapter was caused by a controlled substance; and
(2) during pregnancy the child's mother:
(A) possessed a valid prescription for the controlled
substance; and
(B) made a good faith attempt to use the controlled
substance 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 provide
medical treatment because of religious beliefs; rebuttable
presumption; effect of presumption
Sec. 14. If a parent, guardian, or custodian fails to provide specific
medical treatment for a child because of the legitimate and genuine
practice 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 not
do any of the following:
(1) Prevent a juvenile court from ordering, when the health of
a child requires, medical services from a physician licensed to
practice medicine in Indiana.
(2) Apply to situations in which the life or health of a child is
in 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 religious
practices
Sec. 15. This chapter does not do any of the following:
(1) Limit the right of a parent, guardian, or custodian of a child
to use reasonable corporal punishment when disciplining the
child.
(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 be
required; 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 a
developmental or physical disability who is voluntarily placed out of
the home for the purpose of obtaining special treatment or care,
solely because the parent, guardian, or custodian is unable to provide
the treatment or care. Relinquishment of custody of a child described
in this subsection may not be made a condition for receipt of services
or care delivered or funded by the department or the county office of
family and children.
(b) When a child described in subsection (a) is voluntarily placed
out of the home to receive special treatment or care, the department
and the parent, guardian, or custodian of the child may execute a
voluntary placement agreement that includes the following:
(1) A statement that, by entering into a voluntary placement
agreement, the parent, guardian, or custodian of the child is not
transferring 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 the
parent, guardian, or custodian. As added by P.L.282-2001, SEC.3. Amended by P.L.145-2006,
SEC.289.
IC 31-34 ARTICLE 34. JUVENILE LAW: CHILDREN IN NEED
OF SERVICES
IC 31-34-1
Chapter 1. Circumstances Under Which a Child Is a Child in Need
of Services
IC 31-34-1-1 Inability, refusal, or neglect of parent, guardian, or custodian to
supply 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 child
becomes eighteen (18) years of age:
(1) the child's physical or mental condition is seriously impaired
or seriously endangered as a result of the inability, refusal, or
neglect of the child's parent, guardian, or custodian to supply
the 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 the
coercive 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 seriously
endangering child's physical or mental health
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
(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) 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. 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 child
becomes 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 listed
in 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 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 lives in the same household as another child who
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 listed
in clauses (A) through (I);
(2) the child lives in the same household as the adult who
committed the sex offense under subdivision (1) and the sex
offense resulted in a conviction or a judgment under
IC 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 the
coercive 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 or
other family or rehabilitative services based upon the
existence of the circumstances described in subdivisions (1)
and (2) and the assigned caseworker subsequently
determines further intervention is necessary; or
(B) determines that a program of informal adjustment or
other 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 in
obscene performance
Sec. 4. A child is a child in need of services if before the child
becomes eighteen (18) years of age:
(1) the child's parent, guardian, or custodian allows the child to
participate in an obscene performance (as defined by
IC 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 the
coercive 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 child
becomes eighteen (18) years of age:
(1) the child's parent, guardian, or custodian allows the child to
commit 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 the
coercive 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 child
becomes eighteen (18) years of age:
(1) the child substantially endangers the child's own health or
the 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 the
coercive 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 school
disciplinary proceeding
Sec. 7. A child is a child in need of services if before the child
becomes eighteen (18) years of age:
(1) the child's parent, guardian, or custodian fails to participate
in a disciplinary proceeding in connection with the student's
improper behavior, as provided for by IC 20-33-8-26, if the
behavior of the student has been repeatedly disruptive in the
school; 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 child
becomes 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 the
coercive 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 or
surgical 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 is
necessary to remedy or ameliorate a life threatening medical
condition;
if the nutrition or medical or surgical intervention is generally
provided 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 controlled
substance 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 controlled
substance 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 the
coercive 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's
mother used alcohol, a controlled substance, or a legend drug
during 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 the
coercive 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 to
prescription
Sec. 12. A child is not a child in need of services under section 10
or 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 this
chapter 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 legend
drug act); and
(C) made a good faith attempt to use the legend drug
according 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 substance
according to prescription
Sec. 13. A child is not a child in need of services under section 10
or 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 this
chapter was caused by a controlled substance; and
(2) during pregnancy the child's mother:
(A) possessed a valid prescription for the controlled
substance; and
(B) made a good faith attempt to use the controlled
substance 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 provide
medical treatment because of religious beliefs; rebuttable
presumption; effect of presumption
Sec. 14. If a parent, guardian, or custodian fails to provide specific
medical treatment for a child because of the legitimate and genuine
practice 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 not
do any of the following:
(1) Prevent a juvenile court from ordering, when the health of
a child requires, medical services from a physician licensed to
practice medicine in Indiana.
(2) Apply to situations in which the life or health of a child is
in 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 religious
practices
Sec. 15. This chapter does not do any of the following:
(1) Limit the right of a parent, guardian, or custodian of a child
to use reasonable corporal punishment when disciplining the
child.
(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 be
required; 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 a
developmental or physical disability who is voluntarily placed out of
the home for the purpose of obtaining special treatment or care,
solely because the parent, guardian, or custodian is unable to provide
the treatment or care. Relinquishment of custody of a child described
in this subsection may not be made a condition for receipt of services
or care delivered or funded by the department or the county office of
family and children.
(b) When a child described in subsection (a) is voluntarily placed
out of the home to receive special treatment or care, the department
and the parent, guardian, or custodian of the child may execute a
voluntary placement agreement that includes the following:
(1) A statement that, by entering into a voluntary placement
agreement, the parent, guardian, or custodian of the child is not
transferring 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 the
parent, guardian, or custodian. As added by P.L.282-2001, SEC.3. Amended by P.L.145-2006,
SEC.289.
IC 31-34 ARTICLE 34. JUVENILE LAW: CHILDREN IN NEED
OF SERVICES
IC 31-34-1
Chapter 1. Circumstances Under Which a Child Is a Child in Need
of Services
IC 31-34-1-1 Inability, refusal, or neglect of parent, guardian, or custodian to
supply 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 child
becomes eighteen (18) years of age:
(1) the child's physical or mental condition is seriously impaired
or seriously endangered as a result of the inability, refusal, or
neglect of the child's parent, guardian, or custodian to supply
the 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 the
coercive 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 seriously
endangering child's physical or mental health
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
(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) 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. 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 child
becomes 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 listed
in 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 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 lives in the same household as another child who
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 listed
in clauses (A) through (I);
(2) the child lives in the same household as the adult who
committed the sex offense under subdivision (1) and the sex
offense resulted in a conviction or a judgment under
IC 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 the
coercive 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 or
other family or rehabilitative services based upon the
existence of the circumstances described in subdivisions (1)
and (2) and the assigned caseworker subsequently
determines further intervention is necessary; or
(B) determines that a program of informal adjustment or
other 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 in
obscene performance
Sec. 4. A child is a child in need of services if before the child
becomes eighteen (18) years of age:
(1) the child's parent, guardian, or custodian allows the child to
participate in an obscene performance (as defined by
IC 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 the
coercive 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 child
becomes eighteen (18) years of age:
(1) the child's parent, guardian, or custodian allows the child to
commit 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 the
coercive 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 child
becomes eighteen (18) years of age:
(1) the child substantially endangers the child's own health or
the 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 the
coercive 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 school
disciplinary proceeding
Sec. 7. A child is a child in need of services if before the child
becomes eighteen (18) years of age:
(1) the child's parent, guardian, or custodian fails to participate
in a disciplinary proceeding in connection with the student's
improper behavior, as provided for by IC 20-33-8-26, if the
behavior of the student has been repeatedly disruptive in the
school; 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 child
becomes 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 the
coercive 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 or
surgical 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 is
necessary to remedy or ameliorate a life threatening medical
condition;
if the nutrition or medical or surgical intervention is generally
provided 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 controlled
substance 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 controlled
substance 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 the
coercive 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's
mother used alcohol, a controlled substance, or a legend drug
during 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 the
coercive 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 to
prescription
Sec. 12. A child is not a child in need of services under section 10
or 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 this
chapter 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 legend
drug act); and
(C) made a good faith attempt to use the legend drug
according 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 substance
according to prescription
Sec. 13. A child is not a child in need of services under section 10
or 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 this
chapter was caused by a controlled substance; and
(2) during pregnancy the child's mother:
(A) possessed a valid prescription for the controlled
substance; and
(B) made a good faith attempt to use the controlled
substance 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 provide
medical treatment because of religious beliefs; rebuttable
presumption; effect of presumption
Sec. 14. If a parent, guardian, or custodian fails to provide specific
medical treatment for a child because of the legitimate and genuine
practice 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 not
do any of the following:
(1) Prevent a juvenile court from ordering, when the health of
a child requires, medical services from a physician licensed to
practice medicine in Indiana.
(2) Apply to situations in which the life or health of a child is
in 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 religious
practices
Sec. 15. This chapter does not do any of the following:
(1) Limit the right of a parent, guardian, or custodian of a child
to use reasonable corporal punishment when disciplining the
child.
(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 be
required; 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 a
developmental or physical disability who is voluntarily placed out of
the home for the purpose of obtaining special treatment or care,
solely because the parent, guardian, or custodian is unable to provide
the treatment or care. Relinquishment of custody of a child described
in this subsection may not be made a condition for receipt of services
or care delivered or funded by the department or the county office of
family and children.
(b) When a child described in subsection (a) is voluntarily placed
out of the home to receive special treatment or care, the department
and the parent, guardian, or custodian of the child may execute a
voluntary placement agreement that includes the following:
(1) A statement that, by entering into a voluntary placement
agreement, the parent, guardian, or custodian of the child is not
transferring 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 the
parent, guardian, or custodian. As added by P.L.282-2001, SEC.3. Amended by P.L.145-2006,
SEC.289.
