If, after an investigation, the department determines that:

1. (1) there is probable cause to believe that a child is a child in need of services; and

2. (2) the child would be protected in the child's residence by the removal of the alleged perpetrator of child abuse or neglect;

   the department may file a petition to remove the alleged perpetrator from the child's residence instead of attempting to remove the child from the child's residence.

As added by P.L.52-2007, SEC.8.