§ 31-9-2-44.1 — "Exigent circumstances"

Indiana § 31-9-2-44.1

• Jurisdiction: Indiana
• Art. 9: DEFINITIONS

Text

1. (a) "Exigent circumstances", as applied to
an action by the department with regard to a child, means that:
(1) the department has definite and articulable evidence giving
rise to a reasonable suspicion that the child or a child residing in
the home with the child:
(A) has been or is in imminent danger of being physically or
sexually abused; or
(B) has been or is in imminent danger of being neglected in a
manner that would lead a reasonable person to believe the
child's physical safety is seriously endangered;
(2) there is no less intrusive alternative to the department's action
that would reasonably and sufficiently protect the child's
imminent health or safety; and
(3) one (1) or more of the following applies:
(A) The parent, guardian, or custodian of the child:
(i) is the alleged perpetrator of the abuse or neglect of the
child; or
(ii) is allegedly aware of the abuse or neglect of the child and
has allegedly not ensured the child's safety.
(B) There is reason to believe that:
(i) the safety of the child might be jeopardized; or
(ii) essential evidence regarding signs or symptoms of abuse
or neglect under subdivision (1) on or in the child's body
might not be available;
if the department's action is delayed or the child's parent,
guardian, or custodian is notified before the department's
action.
(C) The child is a homeless unaccompanied minor and is
voluntarily receiving services at an emergency shelter or shelter
care facility without the presence or consent of the child's
parent, guardian, or custodian.
(b) An allegation of educational neglect does not qualify as an
exigent circumstance.

Legislative History

As added by P.L.213-2021, SEC.1.