Indiana § 31-34-12-4.5 Presumption that child is child in need of services if child resides with
adult who has committed or been charged with specified acts

Indiana Statutes

§ 31-34-12-4.5 — Presumption that child is child in need of services if child resides with adult who has committed or been charged with specified acts

Indiana § 31-34-12-4.5

Art. 34JUVENILE LAW: CHILDREN IN NEED OF

Ch. 12Findings, Presumptions, and Evidence

This text of Indiana § 31-34-12-4.5 (Presumption that child is child in need of services if child resides with adult who has committed or been charged with specified acts) 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 § 31-34-12-4.5 (2026).

Text

5.

(a)There is a rebuttable presumption that a child is a child in need of services if the state establishes that the child lives in the same household as an adult who:

(1)committed an offense described in IC 31-34-1-2, IC 31-34-1-3, or IC 31-34-1-3.5 against a child and the offense resulted in a conviction or a judgment under IC 31-34-11-2;

(2)has been charged with an offense described in IC 31-34-1-2, IC 31-34-1-3, or IC 31-34-1-3.5 against a child and is awaiting trial; or

(3)was a perpetrator of a child fatality or near fatality as described by IC 31-33-18-1.5.

(b)The following may not be used as grounds to rebut the presumption under subsection (a):

(1)The child who is the victim of the offense described in IC 31-34-1-2 or IC 31-34-1-3 is not genetically related to the adult who

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5. (a) There is a rebuttable presumption that
a child is a child in need of services if the state establishes that the
child lives in the same household as an adult who:
(1) committed an offense described in IC 31-34-1-2, IC 31-34-1-3, or IC 31-34-1-3.5 against a child and the offense
resulted in a conviction or a judgment under IC 31-34-11-2;
(2) has been charged with an offense described in IC 31-34-1-2,
IC 31-34-1-3, or IC 31-34-1-3.5 against a child and is awaiting
trial; or
(3) was a perpetrator of a child fatality or near fatality as
described by IC 31-33-18-1.5.
(b) The following may not be used as grounds to rebut the
presumption under subsection (a):
(1) The child who is the victim of the offense described in IC 31-34-1-2 or IC 31-34-1-3 is not genetically related to the adult
who committed the act, but the child presumed to be the child in
need of services under this section is genetically related to the
adult who committed the act.
(2) The child who is the victim of the offense described in IC 31-34-1-2 or IC 31-34-1-3 differs in age from the child presumed
to be the child in need of services under this section.
(c) This section does not affect the ability to take a child into
custody or emergency custody under IC 31-34-2 if the act of taking the
child into custody or emergency custody is not based upon a
presumption established under this section. However, if the
presumption established under this section is the sole basis for taking
a child into custody or emergency custody under IC 31-34-2, the court
first must find cause to take the child into custody or emergency
custody following a hearing in which the parent, guardian, or custodian
of the child is accorded the rights described in IC 31-34-4-6(a)(2)
through IC 31-34-4-6(a)(5).