§ 31-34-2.3-5 — Issuing child protective order; other relief; valid

Indiana § 31-34-2.3-5

• Jurisdiction: Indiana
• Art. 34: JUVENILE LAW: CHILDREN IN NEED OF
• Ch. 2.3: Child Protective Orders for Removal of Alleged

Text

(a) After notice and a hearing, the court may
issue a child protective order if the department's petition to remove the
alleged perpetrator states facts sufficient to satisfy the court that:
(1) the child is not in danger of child abuse or neglect from a
parent or other adult with whom the child will continue to reside
in the child's residence; and
(2) one (1) or more of the following exist:
(A) The presence of the alleged perpetrator of child abuse or
neglect in the child's residence constitutes a continuing danger
to the physical health or safety of the child.
(B) The child has been the victim of sexual abuse, and there is
a substantial risk that the child will be the victim of sexual
abuse in the future if the alleged perpetrator of child abuse or
neglect remains in the child's residence.
(b) If the court issues a child protective order under this section, the
court may grant other relief as provided under IC 34-26-5-9.
(c) A child protective order issued under this section is valid until
one (1) of the following occurs:
(1) The court determines the child is not a child in need of
services.
(2) The child is adjudicated a child in need of services and the
court enters a dispositional decree.

Legislative History

As added by P.L.52-2007, SEC.8.