1. (a) 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 health is seriously endangered due to injury by the act or omission of the child's parent, guardian, or custodian; 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.

2. (b) Evidence that the illegal manufacture of a drug or controlled substance is occurring on property where a child resides creates a rebuttable presumption that the child's physical or mental health is seriously endangered.

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

As added by P.L.1-1997, SEC.17. Amended by P.L.17-2001, SEC.8; P.L.2-2005, SEC.77.