A court may find that a child is not a child in need of services under IC 31-34-1-1 if the court finds, based on credible evidence presented by the child's parent, guardian, or custodian, that the parent, guardian, or custodian:

1. (1) is financially unable to supply the child with necessary food, clothing, or shelter; and
2. (2) has not failed, refused, or demonstrated an inability to seek financial or other reasonable means to do so.

As added by P.L.210-2019, SEC.8.