Indiana Statutes

§ 31-34-12-4 — Presumption that child is child in need of services

Indiana·Art. 34 JUVENILE LAW: CHILDREN IN NEED OF·Ch. 12 Findings, Presumptions, and Evidence

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)
8 case citations
Miles v. Miami County Division of Family & Children
723 N.E.2d 956 (Indiana Court of Appeals, 2000)
1 case citations
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
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