IC 31-34-2.3
Chapter 2.3. Child Protective Orders for Removal of Alleged
Perpetrators
IC 31-34-2.3-1 Petition to remove alleged perpetrator of child abuse or neglect
from 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 in
need of services; and
(2) the child would be protected in the child's residence by the
removal of the alleged perpetrator of child abuse or neglect;
the department may file a petition to remove the alleged perpetrator
from the child's residence instead of attempting to remove the child
from 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 an
action by the department for the removal of an alleged perpetrator of
child abuse or neglect under section 1 of this chapter without a
hearing if the department's petition to remove the alleged perpetrator
states facts sufficient to satisfy the court of all of the following:
(1) There is an immediate danger to the physical health or
safety of the child or the child has been a victim of sexual
abuse.
(2) There is not time for an adversary hearing given the
immediate danger to the physical health or safety of the child.
(3) The child is not in danger of child abuse or neglect from a
parent or other adult with whom the child will continue to
reside in the child's residence.
(4) The issuance of a temporary child protective order is in the
best 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 protective
order 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 continue
to 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 temporary
child protective order issued under this chapter not more than
forty-eight (48) hours (excluding Saturdays, Sundays, and any day on
which a legal holiday is observed for state employees as provided in
IC 1-1-9) after the temporary child protective order is issued.
(b) The department shall provide notice of the time, place, and
purpose of the hearing to the following:
(1) The child.
(2) The child's parent, guardian, or custodian if the person can
be 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 child
protective order if the department's petition to remove the alleged
perpetrator states facts sufficient to satisfy the court that:
(1) the child is not in danger of child abuse or neglect from a
parent or other adult with whom the child will continue to
reside 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 or
neglect in the child's residence constitutes a continuing
danger to the physical health or safety of the child.
(B) The child has been the victim of sexual abuse, and there
is a substantial risk that the child will be the victim of sexual
abuse in the future if the alleged perpetrator of child abuse
or 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 until
one (1) of the following occurs:
(1) The court determines the child is not a child in need of
services.
(2) The child is adjudicated a child in need of services and the
court 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 this
chapter or any other order that requires the removal of an alleged
perpetrator of child abuse or neglect from the residence of a child
must require that the parent or other adult with whom the child will
continue 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 law
enforcement agency any attempt by the alleged perpetrator of
child 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 to
reside after the issuance of a child protective order issued under
section 2 or 5 of this chapter for removal of an alleged perpetrator of
child abuse or neglect who knowingly or intentionally fails to comply
with the requirements under section 6 of this chapter commits a Class
A 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 or
intentionally returns to a child's residence in violation of a child
protective order issued under section 2 or 5 of this chapter commits
a Class A misdemeanor. However, the offense is a Class D felony if
the alleged perpetrator has a prior unrelated conviction under this
section. As added by P.L.52-2007, SEC.8.
IC 31-34-2.3
Chapter 2.3. Child Protective Orders for Removal of Alleged
Perpetrators
IC 31-34-2.3-1 Petition to remove alleged perpetrator of child abuse or neglect
from 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 in
need of services; and
(2) the child would be protected in the child's residence by the
removal of the alleged perpetrator of child abuse or neglect;
the department may file a petition to remove the alleged perpetrator
from the child's residence instead of attempting to remove the child
from 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 an
action by the department for the removal of an alleged perpetrator of
child abuse or neglect under section 1 of this chapter without a
hearing if the department's petition to remove the alleged perpetrator
states facts sufficient to satisfy the court of all of the following:
(1) There is an immediate danger to the physical health or
safety of the child or the child has been a victim of sexual
abuse.
(2) There is not time for an adversary hearing given the
immediate danger to the physical health or safety of the child.
(3) The child is not in danger of child abuse or neglect from a
parent or other adult with whom the child will continue to
reside in the child's residence.
(4) The issuance of a temporary child protective order is in the
best 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 protective
order 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 continue
to 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 temporary
child protective order issued under this chapter not more than
forty-eight (48) hours (excluding Saturdays, Sundays, and any day on
which a legal holiday is observed for state employees as provided in
IC 1-1-9) after the temporary child protective order is issued.
(b) The department shall provide notice of the time, place, and
purpose of the hearing to the following:
(1) The child.
(2) The child's parent, guardian, or custodian if the person can
be 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 child
protective order if the department's petition to remove the alleged
perpetrator states facts sufficient to satisfy the court that:
(1) the child is not in danger of child abuse or neglect from a
parent or other adult with whom the child will continue to
reside 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 or
neglect in the child's residence constitutes a continuing
danger to the physical health or safety of the child.
(B) The child has been the victim of sexual abuse, and there
is a substantial risk that the child will be the victim of sexual
abuse in the future if the alleged perpetrator of child abuse
or 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 until
one (1) of the following occurs:
(1) The court determines the child is not a child in need of
services.
(2) The child is adjudicated a child in need of services and the
court 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 this
chapter or any other order that requires the removal of an alleged
perpetrator of child abuse or neglect from the residence of a child
must require that the parent or other adult with whom the child will
continue 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 law
enforcement agency any attempt by the alleged perpetrator of
child 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 to
reside after the issuance of a child protective order issued under
section 2 or 5 of this chapter for removal of an alleged perpetrator of
child abuse or neglect who knowingly or intentionally fails to comply
with the requirements under section 6 of this chapter commits a Class
A 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 or
intentionally returns to a child's residence in violation of a child
protective order issued under section 2 or 5 of this chapter commits
a Class A misdemeanor. However, the offense is a Class D felony if
the alleged perpetrator has a prior unrelated conviction under this
section. As added by P.L.52-2007, SEC.8.
IC 31-34-2.3
Chapter 2.3. Child Protective Orders for Removal of Alleged
Perpetrators
IC 31-34-2.3-1 Petition to remove alleged perpetrator of child abuse or neglect
from 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 in
need of services; and
(2) the child would be protected in the child's residence by the
removal of the alleged perpetrator of child abuse or neglect;
the department may file a petition to remove the alleged perpetrator
from the child's residence instead of attempting to remove the child
from 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 an
action by the department for the removal of an alleged perpetrator of
child abuse or neglect under section 1 of this chapter without a
hearing if the department's petition to remove the alleged perpetrator
states facts sufficient to satisfy the court of all of the following:
(1) There is an immediate danger to the physical health or
safety of the child or the child has been a victim of sexual
abuse.
(2) There is not time for an adversary hearing given the
immediate danger to the physical health or safety of the child.
(3) The child is not in danger of child abuse or neglect from a
parent or other adult with whom the child will continue to
reside in the child's residence.
(4) The issuance of a temporary child protective order is in the
best 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 protective
order 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 continue
to 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 temporary
child protective order issued under this chapter not more than
forty-eight (48) hours (excluding Saturdays, Sundays, and any day on
which a legal holiday is observed for state employees as provided in
IC 1-1-9) after the temporary child protective order is issued.
(b) The department shall provide notice of the time, place, and
purpose of the hearing to the following:
(1) The child.
(2) The child's parent, guardian, or custodian if the person can
be 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 child
protective order if the department's petition to remove the alleged
perpetrator states facts sufficient to satisfy the court that:
(1) the child is not in danger of child abuse or neglect from a
parent or other adult with whom the child will continue to
reside 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 or
neglect in the child's residence constitutes a continuing
danger to the physical health or safety of the child.
(B) The child has been the victim of sexual abuse, and there
is a substantial risk that the child will be the victim of sexual
abuse in the future if the alleged perpetrator of child abuse
or 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 until
one (1) of the following occurs:
(1) The court determines the child is not a child in need of
services.
(2) The child is adjudicated a child in need of services and the
court 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 this
chapter or any other order that requires the removal of an alleged
perpetrator of child abuse or neglect from the residence of a child
must require that the parent or other adult with whom the child will
continue 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 law
enforcement agency any attempt by the alleged perpetrator of
child 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 to
reside after the issuance of a child protective order issued under
section 2 or 5 of this chapter for removal of an alleged perpetrator of
child abuse or neglect who knowingly or intentionally fails to comply
with the requirements under section 6 of this chapter commits a Class
A 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 or
intentionally returns to a child's residence in violation of a child
protective order issued under section 2 or 5 of this chapter commits
a Class A misdemeanor. However, the offense is a Class D felony if
the alleged perpetrator has a prior unrelated conviction under this
section. As added by P.L.52-2007, SEC.8.
