reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 26. Child Protection Index › 31-33-26-18. Transfer of Records to the Index

Sec. 18. On July 1, 2007, all substantiated reports and other documents relating to child abuse or neglect cases contained in the child abuse registry under IC 31-33-17 (before its repeal) and the automated child protection system under IC 31-33-20 (before its repeal) shall be transferred to and be included in the child protection index. The department shall maintain and administer all reports and documents transferred to and included in the child protection index as provided in this chapter.
As added by P.L.138-2007, SEC.67.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 27. Expungement of Child Abuse or Neglect Reports › 31-33-27-1. "Expunge" or "Expungement"

Sec. 1. As used in this chapter, "expunge" or "expungement" means:
(1) the removal or deletion of all information maintained by the department concerning a report, assessment, or determination under this article relating to an incident or condition of child abuse or neglect; and
(2) the destruction or delivery of the information to a person to whom the information pertains.
As added by P.L.48-2012, SEC.56.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 27. Expungement of Child Abuse or Neglect Reports › 31-33-27-2. "Information"

Sec. 2. As used in this chapter, "information" includes all files and records created or maintained by the department. The term includes the original and copies of documents, correspondence, messages, photographs, videotapes, audio recordings, audiovisual recordings, and any other material contained in electronic, paper, or digital form or in other media.
As added by P.L.48-2012, SEC.56.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 27. Expungement of Child Abuse or Neglect Reports › 31-33-27-3. Expungement of Records; Retained Information; Adoption of Rules

Sec. 3. (a) The department shall expunge child abuse or neglect information not later than twenty-four (24) years after the date of birth of the youngest child named in the department's assessment report as an alleged victim of child abuse or neglect, if:
(1) the department approved the assessment as unsubstantiated; or
(2) the court in a child in need of services case entered a final judgment based on a finding that child abuse or neglect did not occur.
(b) The department may, upon the request of an interested person, expunge information relating to an unsubstantiated assessment of child abuse or neglect at any time, if the department determines that the probative value of the information does not justify its retention in the records of the department.
(c) This subsection applies to information that is not expunged under subsection (a) or (b). The department may retain information relating to an unsubstantiated assessment of child abuse or neglect in paper or digital form or in other media that is accessible only by department employees with access rights established by the department through policy or rule.
(d) Information that is retained in the records of the department under subsection (c) may be used by the department to facilitate its assessment of a subsequent report concerning the same child or family.
(e) The department may not rely solely on information available under subsection (c) to support substantiation of a later report, if information obtained in the assessment of the later report is otherwise insufficient to support a substantiated determination.
(f) The department shall adopt a written policy, and may adopt rules under IC 4-22-2, regarding access to information retained under subsection (c).
As added by P.L.48-2012, SEC.56.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 27. Expungement of Child Abuse or Neglect Reports › 31-33-27-4. Expungement of Records; Amended Information

Sec. 4. (a) The department shall expunge child abuse or neglect information relating to a substantiated report not later than the time specified for expungement of the report from the child protection index under IC 31-33-26-15.
(b) The department shall amend information relating to a substantiated report by deleting the name of a person as an alleged perpetrator if:
(1) a court having jurisdiction over a child in need of services proceeding; or
(2) an administrative hearing officer under IC 31-33-26-9;
finds that the person was not a perpetrator of the child abuse or neglect that occurred.
As added by P.L.48-2012, SEC.56.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 27. Expungement of Child Abuse or Neglect Reports › 31-33-27-5. Substantiated Reports; Perpetrator Petitions for Expungements

Sec. 5. (a) This section applies to information relating to substantiated reports in any records of the department.
(b) An individual identified as a perpetrator of child abuse or neglect in a substantiated report may file a petition with a court exercising juvenile jurisdiction in the county in which the individual resides, requesting that the court order the department to expunge the substantiated report and related information.
(c) The petitioner shall:
(1) name the department as respondent in the petition; and
(2) serve the department with a copy of the petition and a summons.
(d) The court shall hold a hearing on the petition and any response filed by the department, unless a hearing is waived by agreement of the parties.
(e) In considering whether to grant a petition filed under this section, the court may review:
(1) the factors listed in IC 31-39-8-3 in relation to the petitioner, if the substantiated report was the subject of a juvenile court case; and
(2) any facts relating to the petitioner's current status, activities, employment, contacts with children, or other circumstances relevant to consideration of whether the petition should be granted.
(f) The court may grant the petition if the court finds, by clear and convincing evidence, that:
(1) there is little likelihood that the petitioner will be a future perpetrator of child abuse or neglect; and
(2) the information has insufficient current probative value to justify its retention in records of the department for future reference.
As added by P.L.48-2012, SEC.56.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect › Chapter 27. Expungement of Child Abuse or Neglect Reports › 31-33-27-6. Use of Expunged Records in Civil Action

Sec. 6. If the department expunges child abuse or neglect information under this chapter:
(1) at the request of a perpetrator named in an assessment report;
(2) at or after the time for expungement specified in section 4(a) of this chapter; or
(3) under a court order under section 5 of this chapter;
IC 31-39-8-7 applies to any civil action brought against the department or any other agency, entity, or individual, if the content of the expunged information may be relevant to any issue in the civil action.
As added by P.L.48-2012, SEC.56.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 1. Circumstances Under Which a Child Is a Child in Need of Services › 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:
(A) when the parent, guardian, or custodian is financially able to do so; or
(B) due to the failure, refusal, or inability of the parent, guardian, or custodian to seek financial or other reasonable means to do so; 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.
[Pre-1997 Recodification Citation: 31-6-4-3(a) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.2-2005, SEC.76; P.L.198-2019, SEC.8.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 1. Circumstances Under Which a Child Is a Child in Need of Services › 31-34-1-2. Act or Omission of Parent, Guardian, or Custodian Seriously Endangering Child's Physical or Mental Health; Victim of Specified Offense

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) A child is a child in need of services if, before the child becomes eighteen (18) years of age:
(1) the child is a victim of:
(A) an offense under IC 35-42-1-2.5;
(B) an offense under IC 35-42-2-1;
(C) an offense under IC 35-42-2-1.3;
(D) an offense under IC 35-42-2-1.5;
(E) an offense under IC 35-42-2-9;
(F) an offense under IC 35-42-2-10; or
(G) an offense under IC 35-46-1-4;
(2) the offense described in subdivision (1) was committed by the parent, guardian, or custodian of the child; and
(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.
(c) A child is a child in need of services if, before the child becomes eighteen (18) years of age, the child:
(1) lives in the same household as an adult who:
(A) committed:
(i) an offense described in subsection (b)(1); or
(ii) an offense under IC 35-42-1-1, IC 35-42-1-2, IC 35-42-1-3, IC 35-42-1-4, or IC 35-42-1-5;
against another child who lives in the household and the offense resulted in a conviction or a judgment under IC 31-34-11-2; or
(B) has been charged with committing an offense described in clause (A) against another child who lives in the household and is awaiting trial; and
(2) 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.
(d) 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.
[Pre-1997 Recodification Citation: 31-6-4-3(a) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.17-2001, SEC.8; P.L.2-2005, SEC.77; P.L.71-2018, SEC.1; P.L.142-2020, SEC.40; P.L.51-2021, SEC.3; P.L.172-2022, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 1. Circumstances Under Which a Child Is a Child in Need of Services › 31-34-1-3.5. Victim of Human or Sexual Trafficking

Sec. 3.5. (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 human or sexual trafficking (as defined in IC 31-9-2-133.1); 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 considered a victim of human or sexual trafficking regardless of whether the child consented to the conduct described in subsection (a)(1).
As added by P.L.46-2016, SEC.8. Amended by P.L.142-2020, SEC.42.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 1. Circumstances Under Which a Child Is a Child in Need of Services › 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.
[Pre-1997 Recodification Citation: 31-6-4-3(a) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.2-2005, SEC.78.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 1. Circumstances Under Which a Child Is a Child in Need of Services › 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.
[Pre-1997 Recodification Citation: 31-6-4-3(a) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.2-2005, SEC.79.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 1. Circumstances Under Which a Child Is a Child in Need of Services › 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.
[Pre-1997 Recodification Citation: 31-6-4-3(a) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.2-2005, SEC.80.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 1. Circumstances Under Which a Child Is a Child in Need of Services › 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.
[Pre-1997 Recodification Citation: 31-6-4-3(a) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.1-2005, SEC.203.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 1. Circumstances Under Which a Child Is a Child in Need of Services › 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.
[Pre-1997 Recodification Citation: 31-6-4-3(a) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.2-2003, SEC.73.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 1. Circumstances Under Which a Child Is a Child in Need of Services › 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.
[Pre-1997 Recodification Citation: 31-6-4-3(f).]
As added by P.L.1-1997, SEC.17. Amended by P.L.131-2009, SEC.58.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 1. Circumstances Under Which a Child Is a Child in Need of Services › 31-34-1-10. Child Born With Fetal Alcohol Syndrome, Neonatal Abstinence Syndrome, or Drugs in the 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;
(B) neonatal abstinence syndrome; or
(C) any amount, including a trace amount, of a controlled substance, a legend drug, or a metabolite of a controlled substance or legend drug in the child's body, including the child's blood, urine, umbilical cord tissue, or meconium; 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.
[Pre-1997 Recodification Citation: 31-6-4-3.1(a) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.183-2017, SEC.40; P.L.249-2017, SEC.1; P.L.243-2017, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 1. Circumstances Under Which a Child Is a Child in Need of Services › 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;
(C) has symptoms of neonatal intoxication or withdrawal; or
(D) 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.
[Pre-1997 Recodification Citation: 31-6-4-3.1(a) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.2-2005, SEC.81; P.L.243-2017, SEC.10.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 1. Circumstances Under Which a Child Is a Child in Need of Services › 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.
[Pre-1997 Recodification Citation: 31-6-4-3.1(b).]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 1. Circumstances Under Which a Child Is a Child in Need of Services › 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.
[Pre-1997 Recodification Citation: 31-6-4-3.1(c).]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 1. Circumstances Under Which a Child Is a Child in Need of Services › 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.
[Pre-1997 Recodification Citation: 31-6-4-3(d).]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 1. Circumstances Under Which a Child Is a Child in Need of Services › 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.
[Pre-1997 Recodification Citation: 31-6-4-3(e).]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 1. Circumstances Under Which a Child Is a Child in Need of Services › 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 local office.
(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; P.L.128-2012, SEC.157.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 2. Taking a Child in Need of Services Into Custody › 31-34-2-1. Court Order to Take Child Into Custody

Sec. 1. A child may be taken into custody by a law enforcement officer under an order of the court.
[Pre-1997 Recodification Citation: 31-6-4-4(a) part.]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 2. Taking a Child in Need of Services Into Custody › 31-34-2-2. Taking Alleged Perpetrator Into Custody; Protective Order

Sec. 2. (a) A law enforcement officer may take a person into custody if the law enforcement officer has probable cause to believe that the person is the alleged perpetrator of an act against a child who the law enforcement officer believes to be a child in need of services as a result of the alleged perpetrator's act. The law enforcement officer may take the alleged perpetrator into custody under this section only for the purpose of removing the alleged perpetrator from the residence where the child believed to be in need of services resides.
(b) The law enforcement officer shall immediately contact the attorney for the county department or another authorized person for the purpose of initiating a protective order under IC 31-34-25 that will require the alleged perpetrator to refrain from having direct or indirect contact with the child.
[Pre-1997 Recodification Citation: 31-6-4-4(c).]
As added by P.L.1-1997, SEC.17. Amended by P.L.1-2003, SEC.77.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 2. Taking a Child in Need of Services Into Custody › 31-34-2-3. Taking Child Into Custody Without Court Order; Documentation

Sec. 3. (a) If a law enforcement officer's action under section 2 of this chapter will not adequately protect the safety of the child, the child may be taken into custody by a law enforcement officer, probation officer, or caseworker acting with probable cause to believe the child is a child in need of services if:
(1) it appears that the child's physical or mental condition will be seriously impaired or seriously endangered if the child is not immediately taken into custody;
(2) there is not a reasonable opportunity to obtain an order of the court; and
(3) consideration for the safety of the child precludes the immediate use of family services to prevent removal of the child.
(b) A probation officer or caseworker may take a child into custody only if the circumstances make it impracticable to obtain assistance from a law enforcement officer.
(c) If a person takes a child into custody under this section, the person shall make written documentation not more than twenty-four (24) hours after the child is taken into custody as provided in section 6 of this chapter.
[Pre-1997 Recodification Citation: 31-6-4-4(d).]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 2. Taking a Child in Need of Services Into Custody › 31-34-2-4. Missing Child Taken Into Custody Without Court Order

Sec. 4. A child may be taken into custody by:
(1) a law enforcement officer;
(2) a probation officer; or
(3) a caseworker;
acting with probable cause to believe the child is a child in need of services because the child is a missing child (as defined in IC 10-13-5-4).
[Pre-1997 Recodification Citation: 31-6-4-4(e).]
As added by P.L.1-1997, SEC.17. Amended by P.L.2-2003, SEC.74.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 2. Taking a Child in Need of Services Into Custody › 31-34-2-5. Missing Child Taken Into Custody Under Court Order

Sec. 5. If a child in need of services is a missing child and is taken into custody under a court order, the person taking the child into custody shall do the following:
(1) Take the child to a place designated in the order.
(2) Give notice to the following that the child has been taken into custody:
(A) The child's legal custodian.
(B) The clearinghouse for information on missing children and missing endangered adults established by IC 10-13-5.
[Pre-1997 Recodification Citation: 31-6-4-4(f).]
As added by P.L.1-1997, SEC.17. Amended by P.L.2-2003, SEC.75; P.L.43-2009, SEC.19.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 2. Taking a Child in Need of Services Into Custody › 31-34-2-6. Documentation by Person Taking Child Into Custody Without Court Order; Forms

Sec. 6. (a) A person taking a child into custody under section 3 of this chapter shall make written documentation evidencing the following:
(1) The facts establishing probable cause to believe that the child is a child in need of services.
(2) Why the child's physical or mental condition will be seriously impaired or seriously endangered if the child is not immediately taken into custody.
(3) Why the person is unable to obtain a court order and what steps have been taken to obtain a court order.
(4) Why the department of child services is unable to protect the safety of the child without taking the child into custody.
(5) Why the person is unable to obtain the assistance of a law enforcement officer if the child is taken into custody by a probation officer or caseworker without the assistance of a law enforcement officer.
(b) The department of child services shall create forms to be used for documentation under this section.
(c) The person taking the child into custody shall immediately forward a copy of the documentation to the department of child services to be included in the report required by IC 31-33-7-4.
[Pre-1997 Recodification Citation: 31-6-4-4(g).]
As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005, SEC.168.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 2.3. Child Protective Orders for Removal of Alleged Perpetrators › 31-34-2.3-0.1. Repealed

As added by P.L.220-2011, SEC.513. Repealed by P.L.63-2012, SEC.36.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 2.3. Child Protective Orders for Removal of Alleged Perpetrators › 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.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 2.3. Child Protective Orders for Removal of Alleged Perpetrators › 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.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 2.3. Child Protective Orders for Removal of Alleged Perpetrators › 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.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 2.3. Child Protective Orders for Removal of Alleged Perpetrators › 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.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 2.3. Child Protective Orders for Removal of Alleged Perpetrators › 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.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 2.3. Child Protective Orders for Removal of Alleged Perpetrators › 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.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 2.3. Child Protective Orders for Removal of Alleged Perpetrators › 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.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 2.3. Child Protective Orders for Removal of Alleged Perpetrators › 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 Level 6 felony if the alleged perpetrator has a prior unrelated conviction under this section.
As added by P.L.52-2007, SEC.8. Amended by P.L.158-2013, SEC.320.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 2.5. Emergency Custody of Certain Abandoned Children › 31-34-2.5-2. Notice to Department of Child Services or Child Placing Agency; Duties of Department of Child Services or Child Placing Agency Upon Receipt of Notice

Sec. 2. (a) Immediately after an emergency medical services provider takes custody of a safe haven infant under section 1 of this chapter, the provider shall notify either:
(1) the department of child services; or
(2) a licensed child placing agency;
that the provider has taken custody of the safe haven infant.
(b) If notified under subsection (a), the department of child services or a licensed child placing agency shall:
(1) assume the care, control, and custody of the safe haven infant immediately after receiving notice under subsection (a);
(2) not later than forty-eight (48) hours after the department of child services or a licensed child placing agency has taken custody of the safe haven infant, contact the Indiana clearinghouse for information on missing children and missing endangered adults established by IC 10-13-5-5 and the National Center for Missing and Exploited Children to determine if the safe haven infant has been reported missing; and
(3) fifteen (15) days after the department of child services or a licensed child placing agency has taken custody of the safe haven infant, contact the National Center for Missing and Exploited Children a second time to determine if the safe haven infant has been reported missing.
As added by P.L.133-2000, SEC.3. Amended by P.L.217-2001, SEC.6; P.L.2-2003, SEC.76; P.L.234-2005, SEC.169; P.L.43-2009, SEC.20; P.L.45-2023, SEC.6.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 2.5. Emergency Custody of Certain Abandoned Children › 31-34-2.5-3. Treatment of Safe Haven Infant as Child Taken Into Custody Without Court Order

Sec. 3. A safe haven infant for whom:
(1) the department of child services; or
(2) a licensed child placing agency;
assumes care, control, and custody under section 2 of this chapter shall be treated as a child taken into custody without a court order, except that efforts to locate the safe haven infant's parents or reunify the safe haven infant's family are not necessary, if the court makes a finding to that effect under IC 31-34-21-5.6(b)(5).
As added by P.L.133-2000, SEC.3. Amended by P.L.234-2005, SEC.170; P.L.45-2023, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 2.5. Emergency Custody of Certain Abandoned Children › 31-34-2.5-4. Duties of Department of Child Services Upon Assuming Custody of Safe Haven Infant

Sec. 4. If notified under section 2 of this chapter, whenever a safe haven infant is taken into custody without a court order under this chapter, the attorney for the department of child services shall, without unnecessary delay, do the following:
(1) Request the juvenile court to:
(A) authorize the filing of a petition alleging that the safe haven infant is a child in need of services;
(B) hold an initial hearing under IC 31-34-10 not later than the next business day after the safe haven infant is taken into custody; and
(C) appoint a guardian ad litem or a court appointed special advocate for the safe haven infant.
(2) File a petition to terminate the parent-child relationship under IC 31-35-1.5.
As added by P.L.133-2000, SEC.3. Amended by P.L.129-2005, SEC.5; P.L.234-2005, SEC.171; P.L.45-2023, SEC.8.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 2.5. Emergency Custody of Certain Abandoned Children › 31-34-2.5-5. Duties of Child Placing Agency Upon Assuming Custody of Safe Haven Infant

Sec. 5. If a licensed child placing agency assumes custody of a safe haven infant under section 2 of this chapter, the licensed child placing agency shall do the following:
(1) Without unnecessary delay, place the safe haven infant in a preapproved adoptive home with a prospective adoptive parent who intends to adopt the safe haven infant.
(2) File a petition to terminate the parent-child relationship under IC 31-35-1.5.
As added by P.L.45-2023, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 2.5. Emergency Custody of Certain Abandoned Children › 31-34-2.5-6. Safe Haven Infant Presumed Eligible for Medicaid

Sec. 6. Unless prohibited by federal law, a safe haven infant in the custody of the department of child services or a licensed child placing agency under this chapter is presumed eligible for Medicaid until a court grants a petition for adoption of the safe haven infant.
As added by P.L.45-2023, SEC.10.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 3. Child Taken Into Custody › 31-34-3-1. Procedures for Notice to Custodial Parent, Guardian, or Custodian

Sec. 1. If a child is taken into custody under IC 31-34-2, the department of child services shall notify the child's custodial parent, guardian, or custodian not more than two (2) hours after the child has been taken into custody that the child has been taken into custody as the result of alleged child abuse or neglect.
[Pre-1997 Recodification Citation: 31-6-4-4.5(a) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005, SEC.172.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 3. Child Taken Into Custody › 31-34-3-2. Procedures for Notice; Custodial Parent, Guardian, or Custodian Who Cannot Be Located

Sec. 2. Subject to section 3 of this chapter, if after making a reasonable effort the child's custodial parent, guardian, or custodian cannot be located, the department of child services shall make a good faith effort, not more than six (6) hours after the child has been taken into custody, to leave written notice at the last known address of the child's custodial parent, guardian, or custodian that the child has been taken into custody.
[Pre-1997 Recodification Citation: 31-6-4-4.5(a) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005, SEC.173.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 3. Child Taken Into Custody › 31-34-3-3. Procedures for Notice; Custodial Parent, Guardian, or Custodian Believed to Reside Outside Indiana

Sec. 3. If the custodial parent, guardian, or custodian is believed to reside outside Indiana, the department of child services shall send written notice by certified mail to the last known address of the noncustodial parent, guardian, or custodian on the same date that the child is taken into custody. However, if the child is not taken into custody on a business day, the department of child services shall send notice by certified mail on the next business day after the child is taken into custody.
[Pre-1997 Recodification Citation: 31-6-4-4.5(a) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005, SEC.174.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 3. Child Taken Into Custody › 31-34-3-4. Notice of Contact Person for More Information; Notice to Each Parent

Sec. 4. The notice to the parent, guardian, or custodian required by this chapter must:
(1) identify a person or an entity that the parent, guardian, or custodian may contact to obtain more information regarding the child's removal from the child's residence; and
(2) be given to each of the child's parents as described in sections 1 through 3 of this chapter.
[Pre-1997 Recodification Citation: 31-6-4-4.5(b).]
As added by P.L.1-1997, SEC.17. Amended by P.L.120-2018, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 3. Child Taken Into Custody › 31-34-3-4.5. Procedures for Notices to Adult Relatives and Siblings; Content

Sec. 4.5. (a) If a child is removed from the child's parents under this chapter, within thirty (30) days after the removal of the child from the parents the department shall exercise due diligence to identify and provide notice of the removal to:
(1) all adult relatives (as defined in IC 31-9-2-107) of the child, including relatives suggested by either parent as required under 42 U.S.C. 671(a)(29); and
(2) all the child's siblings who are at least eighteen (18) years of age.
(b) The department may not provide notice to a person under subsection (a) if the department knows or suspects that the person has caused family or domestic violence.
(c) A notice under subsection (a) must:
(1) state that the child has been removed from the parents by the department;
(2) set forth the options the relative may have under federal, state, or local laws, including the care and placement of the child and other options that may be lost if the relative fails to respond to the notice;
(3) describe the requirements for the relative to become a foster parent;
(4) describe additional services available to the child placed in foster care; and
(5) describe how a relative guardian of a child may subsequently enter into an agreement with the department to receive financial assistance through the adoption assistance program or guardianship assistance program.
As added by P.L.131-2009, SEC.59. Amended by P.L.104-2015, SEC.32.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 3. Child Taken Into Custody › 31-34-3-4.7. Notice to the Child's School

Sec. 4.7. If a child who is a student attending kindergarten through grade 12 is taken into custody under IC 31-34-2, the department shall, not later than seventy-two (72) hours after the child is taken into custody, provide written or verbal notice to the individual designated as the point of contact for the school that the child attends that the child has been removed from the child's home.
As added by P.L.120-2018, SEC.5.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 3. Child Taken Into Custody › 31-34-3-5. Immediate Needs of Child as First Priority of Department of Child Services

Sec. 5. The department of child services must have as the department's first priority the immediate needs of the child for medical care, shelter, food, or other crisis services.
[Pre-1997 Recodification Citation: 31-6-4-4.5(c).]
As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005, SEC.175.