A child is a child in need of services if before the child becomes eighteen (18) years of age:

1. (1) the child's physical or mental condition is seriously impaired or seriously endangered as a result of the inability, refusal, or neglect of the child's parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, medical care, education, or supervision:

   1. (A) when the parent, guardian, or custodian is financially able to do so; or
   2. (B) due to the failure, refusal, or inability of the parent, guardian, or custodian to seek financial or other reasonable means to do so; and

2. (2) the child needs care, treatment, or rehabilitation that:

   1. (A) the child is not receiving; and

   2. (B) is unlikely to be provided or accepted without the coercive intervention of the court.

      However, a child is not a child in need of services under this section solely because the child engages in an independent activity unless the parent, guardian, or custodian is so reckless as to endanger the health or safety of the child by allowing the child to engage in the independent activity, given the child's maturity, condition, and ability.

      [Pre-1997 Recodification Citation: 31-6-4-3(a) part.]

As added by P.L.1-1997, SEC.17. Amended by P.L.2-2005, SEC.76; P.L.198-2019, SEC.8; P.L.20-2026, SEC.2.