Ind. Code § 31-30-1-2.5 – Persons prohibited from serving as guardian or custodian of a child

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) is a sexually violent predator (as described in IC 35-38-1-7.5 );
(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) was less than eighteen (18) years of age at the time of the offense but was tried and convicted as an adult of:
1. (A) an offense described in:
  1. (i) IC 35-42-4-1 ;
  2. (ii) IC 35-42-4-2 (before its repeal);
  3. (iii) 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. (iv) IC 35-42-4-5 (a)(1);
  5. (v) IC 35-42-4-5 (a)(2);
  6. (vi) IC 35-42-4-5 (a)(3) (before that provision was redesignated by P.L.158-2013, SECTION 441);
  7. (vii) 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. (viii) IC 35-42-4-5 (b)(2); or
  9. (ix) 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);
2. (B) an attempt or conspiracy to commit a crime listed in clause (A); or
3. (C) a crime under the laws of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in clauses (A) and (B).

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.