§ 31-34-12-7 — Failure to submit to drug or alcohol test

(a) For purposes of an assessment by the
department, if:
(1) a parent, guardian, or custodian had care, custody, and control
of the child immediately before the child died;
(2) a law enforcement officer or an employee of the department
had probable cause to believe the parent, guardian, or custodian
was impaired, intoxicated, or under the influence of drugs or
alcohol immediately before or at the time of the child's death;
(3) a law enforcement officer or an employee of the department
requests, not later than three (3) hours after the death of the child,
the parent, guardian, or custodian to submit to a drug or alcohol
screen test; and
(4) the parent, guardian, or custodian did not submit to a drug or
alcohol screen test within three (3) hours after the request by a
law enforcement officer or an employee of the department;
the failure to submit to the drug or alcohol test may be used to
determine that the parent, guardian, or custodian was intoxicated or
under the influence of alcohol or drugs at the time of the child's death
for the purpose of the determination required under IC 31-33-8-12.
(b) Evidence from a drug or alcohol screen test administered under
this section is not admissible as evidence in a criminal proceeding.

Legislative History

As added by P.L.131-2009, SEC.63.