A child is not a child in need of services under section 10 or 11 of this chapter if:

1. (1) a drug detected in the body of the child under section 10(1) of this chapter or the condition described in section 11(1) of this chapter was caused by a legend drug; and

2. (2) during pregnancy the child's mother:

   1. (A) possessed a valid prescription for the legend drug;
   2. (B) was not in violation of IC 16-42-19 (the Indiana legend drug act); and

   3. (C) made a good faith attempt to use the legend drug according to the prescription instructions.

      [Pre-1997 Recodification Citation: 31-6-4-3.1(b).]

As added by P.L.1-1997, SEC.17.