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

   1. (1) is a victim of:

      1. (A) an offense under IC 35-42-1-2.5 ;
      2. (B) an offense under IC 35-42-2-1 ;
      3. (C) an offense under IC 35-42-2-1.3 ;
      4. (D) an offense under IC 35-42-2-1.5 ;
      5. (E) an offense under IC 35-42-2-9 ; or
      6. (F) an offense under IC 35-46-1-4 ; and

   2. (2) 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.

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

   1. (1) lives in the same household as an adult who:

      1. (A) committed:

         1. (i) an offense described in subsection (b)(1); or

         2. (ii) an offense under IC 35-42-1-1 , IC 35-42-1-2 , IC 35-42-1-3 , IC 35-42-1-4 , or IC 35-42-1-5 ;

            against another child who lives in the household and the offense resulted in a conviction or a judgment under IC 31-34-11-2 ; or

      2. (B) has been charged with committing an offense described in clause (A) against another child who lives in the household and is awaiting trial; and

   2. (2) 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.

4. (d) 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; P.L.71-2018, SEC.1; P.L.142-2020, SEC.40.