Indiana § 31-34-1-2 Act or omission of parent, guardian, or custodian seriously endangering
child's physical or mental health; victim of specified offense

Indiana Statutes

§ 31-34-1-2 — Act or omission of parent, guardian, or custodian seriously endangering child's physical or mental health; victim of specified offense

Indiana § 31-34-1-2

Art. 34JUVENILE LAW: CHILDREN IN NEED OF

Ch. 1Circumstances Under Which a Child Is a Child in Need

This text of Indiana § 31-34-1-2 (Act or omission of parent, guardian, or custodian seriously endangering child's physical or mental health; victim of specified offense) 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 § 31-34-1-2 (2026).

Text

(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, including failure of the child's parent, guardian, or custodian to protect the child from exposure to the use, possession, sale, or manufacture of illegal drugs; 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-

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(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, including failure of the child's parent, guardian, or
custodian to protect the child from exposure to the use,
possession, sale, or manufacture of illegal drugs; 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.
[Pre-1997 Recodification Citation: 31-6-4-3(a) part.]

Legislative History

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; P.L.179-2025, SEC.11.