A child is a 'child in need of services' if, before the child becomes age 18, 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.
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.
Neglect: Citation: Ann. Code §§ 31-34-1-1; 31-34-1-9; 31-34-1-10; 31-34-1-11
A child is a 'child in need of services' if, before the child becomes age 18:
- 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.
- The child is born with fetal alcohol syndrome, or any amount, including a trace amount, of a controlled substance or a legend drug in the child's body.
- The child has an injury, abnormal physical or psychological development, or 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.
The term 'child in need of services' includes a child with a disability who is deprived of nutrition that is necessary to sustain life, or is deprived of medical or surgical intervention that is necessary to remedy or ameliorate a life-threatening medical condition if the nutritional, medical, or surgical intervention is generally provided to similarly situated children with or without disabilities.
Sexual Abuse/Exploitation: Citation: Ann. Code §§ 31-34-1-3; 31-34-1-4; 31-34-1-5
A child is a 'child in need of services' if, before the child becomes age 18, the child is the victim, lives in the same household as another child who was the victim, or lives in the same household as the adult who was convicted of a sex offense, as defined in the criminal statutes, pertaining to:
- Criminal deviate conduct
- Child molesting
- Child exploitation or possession of child pornography
- Child seduction
- Sexual misconduct with a minor
- Indecent exposure
A child is a child in need of services if, before the child becomes age 18, the child's parent, guardian, or custodian allows the child:
- To participate in an obscene performance
- To commit a sex offense prohibited by criminal statute
Emotional Abuse: Citation: Ann. Code § 31-34-1-2
A child is a 'child in need of services' if the child's mental health is seriously endangered by an act or omission of the child's parent, guardian, or custodian.
Abandonment: Citation: Ann. Code § 31-9-2-0.5
'Abandoned infant' means:
- A child who is younger than 12 months old and whose parent, guardian, or custodian has knowingly or intentionally left the child in an environment that endangers the child's life or health or in a hospital or medical facility and has no reasonable plan to assume the care, custody, and control of the child
- A child who is or appears to be no more than 45 days old and whose parent has knowingly and intentionally left the child with an emergency medical services provider and did not express an intent to return for the child
Standards for Reporting: Citation: Ann. Code § 31-33-5-1
A report is required when an individual has reason to believe that a child is a victim of child abuse or neglect.
Persons Responsible for the Child: Citation: Ann. Code §§ 31-9-2-0.5; 31-34-1-1 through 31-34-1-5
Responsible persons include the child's parent, guardian, or custodian.
Exceptions: Citation: Ann. Code §§ 31-34-1-12; 31-34-1-14; 31-34-1-15
A child is not a child in need of services if:
- The presence of a controlled substance was a result of a valid medical prescription.
- A parent fails to provide specific medical treatment for a child because of legitimate and genuine religious beliefs. This presumption does not do any of the following:
- Prevent a court from ordering medical services when the health of the child requires it
- Apply to situations in which the child's life or health is in serious danger
This chapter does not limit:
- The right of the parent to use reasonable corporal punishment to discipline the child
- The lawful practice or teaching of religious beliefs