Indiana § 31-30-1-2.5 Persons prohibited from serving as guardian or custodian of a child

Indiana Statutes

§ 31-30-1-2.5 — Persons prohibited from serving as guardian or custodian of a child

Indiana § 31-30-1-2.5

Art. 30JUVENILE LAW: JUVENILE COURT

Ch. 1Jurisdiction Generally

This text of Indiana § 31-30-1-2.5 (Persons prohibited from serving as guardian or custodian of a child) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 31-30-1-2.5 (2026).

Text

5. A juvenile court may not appoint a person to serve as the guardian or custodian of a child or permit a person to continue to serve as a guardian or custodian of a child if the person:

(1)is a sexually violent predator (as described in IC 35-38-1-7.5);

(2)was at least eighteen (18) years of age at the time of the offense and committed child molesting (IC 35-42-4-3) or sexual misconduct with a minor (IC 35-42-4-9) against a child less than sixteen (16) years of age:

(A)by using or threatening the use of deadly force;

(B)while armed with a deadly weapon; or

(C)that resulted in serious bodily injury; or

(3)was less than eighteen (18) years of age at the time of the offense but was tried and convicted as an adult of an offense described in:

(A)IC 35-42-4-1;

(B)IC 35-42-4-2 (before it

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5. A juvenile court may not appoint a person
to serve as the guardian or custodian of a child or permit a person to
continue to serve as a guardian or custodian of a child if the person:
(1) is a sexually violent predator (as described in IC 35-38-1-7.5);
(2) was at least eighteen (18) years of age at the time of the
offense and committed child molesting (IC 35-42-4-3) or sexual
misconduct with a minor (IC 35-42-4-9) against a child less than
sixteen (16) years of age:
(A) by using or threatening the use of deadly force;
(B) while armed with a deadly weapon; or
(C) that resulted in serious bodily injury; or
(3) was less than eighteen (18) years of age at the time of the
offense but was tried and convicted as an adult of an offense
described in:
(A) IC 35-42-4-1;
(B) IC 35-42-4-2 (before its repeal);
(C) IC 35-42-4-3 as a Class A or Class B felony (for crimes
committed before July 1, 2014) or as a Level 1, Level 2, or
Level 3 felony (for crimes committed after June 30, 2014);
(D) IC 35-42-4-5(a)(1);
(E) IC 35-42-4-5(a)(2);
(F) IC 35-42-4-5(a)(3) (before that provision was redesignated
by P.L.158-2013, SECTION 441);
(G) IC 35-42-4-5(b)(1) as a Class A or Class B felony (for
crimes committed before July 1, 2014) or as a Level 2, Level 3,
or Level 4 felony (for crimes committed after June 30, 2014);
(H) IC 35-42-4-5(b)(2); or
(I) IC 35-42-4-5(b)(3) as a Class A or Class B felony (for
crimes committed before July 1, 2014) or as a Level 1, Level 2,
or Level 3 felony (for crimes committed after June 30, 2014).

Legislative History

As added by P.L.139-2006, SEC.3, P.L.140-2006, SEC.18, and P.L.173-2006, SEC.18. Amended by P.L.131-2009, SEC.38; P.L.158-2013, SEC.314; P.L.214-2013, SEC.24; P.L.168-2014, SEC.39; P.L.86-2018, SEC.218; P.L.142-2020, SEC.39.