§ 31-37-19-12 — HIV testing of delinquent child; reporting; notice to and counseling of victims

(a) This section applies if a child is a
delinquent child under IC 31-37-1 due to the commission of a
delinquent act that, if committed by an adult, would be:
(1) an offense relating to a criminal sexual act (as defined in IC 35-31.5-2-216) and the offense created an epidemiologically
demonstrated risk of transmission of the human
immunodeficiency virus (HIV); or
(2) an offense relating to controlled substances (as defined in IC 35-31.5-2-217) if the offense involved:
(A) the delivery by a person to another person; or
(B) the use by a person on another person;
of a contaminated sharp (as defined in IC 16-41-16-2) or other
paraphernalia that creates an epidemiologically demonstrated risk
of transmission of HIV by involving percutaneous contact.
(b) The juvenile court shall, in addition to any other order or decree
the court makes under this chapter, order the child to undergo a
screening test for the human immunodeficiency virus (HIV).
(c) If the screening test indicates the presence of antibodies to HIV,
the court shall order the child to undergo a confirmatory test.
(d) If the confirmatory test confirms the presence of the HIV
antibodies, the court shall report the results to the Indiana department
of health.
(e) The Indiana department of health shall do the following:
(1) Notify potentially affected victims of the offense relating to a
criminal sexual act (as defined in IC 35-31.5-2-216) or offense
relating to controlled substances (as defined in IC 35-31.5-2-217)
of the HIV screening results.
(2) Provide counseling regarding HIV and a referral for
appropriate health care to the victims.
[Pre-1997 Recodification Citation: 31-6-4-15.9(j).]

Legislative History

As added by P.L.1-1997, SEC.20. Amended by P.L.125-2007, SEC.2; P.L.114-2012, SEC.52; P.L.56-2023, SEC.306.