A juvenile court may not appoint a person to serve as the guardian or custodian of a child or permit a person to continue to serve as a guardian or custodian of a child if the person:

1. (1) is a sexually violent predator (as described in IC 35-38-1-7.5 );

2. (2) was at least eighteen (18) years of age at the time of the offense and committed child molesting ( IC 35-42-4-3 ) or sexual misconduct with a minor ( IC 35-42-4-9 ) against a child less than sixteen (16) years of age:

   1. (A) by using or threatening the use of deadly force;
   2. (B) while armed with a deadly weapon; or
   3. (C) that resulted in serious bodily injury; or

3. (3) was less than eighteen (18) years of age at the time of the offense but was tried and convicted as an adult of an offense described in:

   1. (A) IC 35-42-4-1 ;
   2. (B) IC 35-42-4-2 (before its repeal);
   3. (C) IC 35-42-4-3 as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 1, Level 2, or Level 3 felony (for crimes committed after June 30, 2014);
   4. (D) IC 35-42-4-5 (a)(1);
   5. (E) IC 35-42-4-5 (a)(2);
   6. (F) IC 35-42-4-5 (a)(3) (before that provision was redesignated by P.L.158-2013, SECTION 441);
   7. (G) IC 35-42-4-5 (b)(1) as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 2, Level 3, or Level 4 felony (for crimes committed after June 30, 2014);
   8. (H) IC 35-42-4-5 (b)(2); or
   9. (I) IC 35-42-4-5 (b)(3) as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 1, Level 2, or Level 3 felony (for crimes committed after June 30, 2014).

As added by P.L.139-2006, SEC.3, P.L.140-2006, SEC.18, and P.L.173-2006, SEC.18. Amended by P.L.131-2009, SEC.38; P.L.158-2013, SEC.314; P.L.214-2013, SEC.24; P.L.168-2014, SEC.39; P.L.86-2018, SEC.218; P.L.142-2020, SEC.39.