Indiana Statutes
§ 31-34-12-4 — Presumption that child is child in need of services
Indiana § 31-34-12-4
JurisdictionIndiana
Art. 34JUVENILE LAW: CHILDREN IN NEED OF
Ch. 12Findings, Presumptions, and Evidence
This text of Indiana § 31-34-12-4 (Presumption that child is child in need of services) 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 § 31-34-12-4 (2026).
Text
A rebuttable presumption is raised that the child is a child in need of services because of an act or omission of the child's parent, guardian, or custodian if the state introduces competent evidence of probative value that:
(1)the child has been injured;
(2)at the time the child was injured, the parent, guardian, or
custodian:
(A)had the care, custody, or control of the child; or
(B)had legal responsibility for the care, custody, or control of
the child;
(3)the injury would not ordinarily be sustained except for the act
or omission of a parent, guardian, or custodian; and
(4)there is a reasonable probability that the injury was not
accidental.
[Pre-1997 Recodification Citation: 31-6-7-13(b).]
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Related
Indiana Department of Child Services v. J.D., R.B.
77 N.E.3d 801 (Indiana Court of Appeals, 2017)
In the Matter of: C.K., a Child Alleged to be in Need of Services, F.R. (Mother) and B.K. (Father) v. The Indiana Department of Child Services (mem. dec.)
70 N.E.3d 359 (Indiana Court of Appeals, 2016)
Miles v. Miami County Division of Family & Children
723 N.E.2d 956 (Indiana Court of Appeals, 2000)
In the Matter of Ki.H. (Minor Child), A Child in Need of Services K.H. (Father) v. The Indiana Department of Child Services (mem. dec.)
(Indiana Court of Appeals, 2020)
In the Matter of: K.Y. (Minor Child) Child in Need of Services and M.Y. (Mother) v. The Indiana Department of Child Services (mem. dec.)
(Indiana Court of Appeals, 2020)
In the Matter of S.G-A., (Minor Child), Child in Need of Services, and L.A v. (Mother) v. The Indiana Department of Child Services and Child Advocates, Inc. (mem. dec.)
(Indiana Court of Appeals, 2020)
In the Matter of: A.A.S. (Minor Child) and J.A.S. (Father) v. The Indiana Department of Child Services (mem. dec.)
121 N.E.3d 144 (Indiana Court of Appeals, 2019)
In re A.J., a Child Alleged to be in Need of Services, J.J. (Father) v. The Indiana Department of Child Services (mem. dec.)
(Indiana Court of Appeals, 2017)
L.G. and D.D. v. The Indiana Department of Child Services (mem. dec.)
(Indiana Court of Appeals, 2016)
In the Matter of T.D., A Child Alleged To Be In Need Of Services, W.D., Father v. The Indiana Department of Child Services (mem. dec.)
(Indiana Court of Appeals, 2015)
In Re CW
723 N.E.2d 956 (Indiana Court of Appeals, 2000)
Legislative History
As added by P.L.1-1997, SEC.17. Amended by P.L.48-2012,
SEC.60.
Nearby Sections
15
§ 31-10-1-1
Purpose of recodification act§ 31-10-1-2
Statutory construction§ 31-10-1-3
Effect on existing rights and liabilities§ 31-10-1-5
References to repealed or replaced statutes§ 31-10-1-7
References to rules§ 31-10-2-1
Policy and purpose§ 31-10-2-3
Rights of persons with a disability§ 31-11-0.1-1
"Repealed statutes"§ 31-11-1-1
Same sex marriages prohibitedCite This Page — Counsel Stack
Bluebook (online)
Indiana § 31-34-12-4, Counsel Stack Legal Research, https://law.counselstack.com/statute/in/31-34-12-4.