Definitions of Child Abuse and Neglect Indiana

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Sexual exploitation

Emotional/mental injury

Abandonment

Categories of Maltreatment Not Defined in Statute

DEFINITIONS

Ind. Code Ann. § 31-9-2-0.5 (West, WESTLAW through End of 2001 1st Reg. Sess.)

'Abandoned infant' means:

A child who is less than 12 months of age and whose parent, guardian, or custodian has knowingly or intentionally left the child in an environment that endangers the child's life or health; or a hospital or medical facility; and has no reasonable plan to assume the care, custody, and control of the child; or

A child who is, or appears to be, not more than 45 days of age and whose parent has knowingly and intentionally left the child with an emergency medical services provider; and did not express an intent to return for the child.

Ind. Code Ann. § 31-34-1-(1)-(6), (8), (10) (Michie 1997)

A child is a 'child in need of services' if before the child becomes 18 years of age:

The child's physical or mental condition is seriously impaired or seriously endangered as a result of the inability, refusal, or neglect of the child¿s parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, medical care, education, or supervision; or

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; or

The child is the victim of a sex offense as defined in the criminal statutes pertaining to rape; criminal deviate conduct; child molesting; child exploitation or possession of child pornography; child seduction; sexual misconduct with a minor; indecent exposure; prostitution; or incest; or

The child's parent, guardian, or custodian allows the child to participate in an obscene performance as defined by criminal statutes; or

The child's parent, guardian, or custodian allows the child to commit a sex offense prohibited by criminal statute; or

The child substantially endangers the child's own health or the health of another individual; or

The child is a missing child; or

The child is born with fetal alcohol syndrome; or any amount, including a trace amount, of a controlled substance or a legend drug in the child's body; and

The child needs care, treatment, or rehabilitation that the child is not receiving; or is unlikely to be provided or accepted without the coercive intervention of the court.

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.

Ind. Code Ann. § 31-34-1-9 (Michie 1997)

A child in need of services includes a child with a disability who is deprived of nutrition that is necessary to sustain life; or is deprived of medical or surgical intervention that is necessary to remedy or ameliorate a life threatening medical condition; if the nutrition or medical or surgical intervention is generally provided to similarly situated children with or without disabilities.

Ind. Code Ann. § 31-34-1-11 (Michie 1997)

Except as provided in statute, child is a child in need of services if:

The child has an injury; has abnormal physical or psychological development; or is at a substantial risk of a life threatening condition that arises or is substantially aggravated because the child's mother used alcohol, a controlled substance, or a legend drug during pregnancy; and

The child needs care, treatment, or rehabilitation that the child is not receiving; or is unlikely to be provided or accepted without the coercive intervention of the court.
Ind. Code Ann. § 35-46-1-3 (Michie 1997)

A person 18 years of age or older who engages in sexual intercourse or deviate sexual conduct with another person, when the person knows that the other person is related to the person biologically as a parent, child, grandparent, grandchild, sibling, aunt, uncle, niece, or nephew, commits incest, a Class C felony.
However, the offense is a Class B felony if the other person is less than 16 years of age.

EXCEPTIONS

Ind. Code Ann. § 31-34-1-12 (Michie 1997)

A child is NOT a child in need of services if:

A drug detected in the body of the child or the condition of the child was caused by a legend drug; or a controlled substance; and

During pregnancy the child¿s mother possessed a valid prescription for the legend drug or controlled substance; the legend drug was not in violation of the Indiana legend drug act; and made a good faith attempt to use the legend drug or the controlled substance according to the prescription instructions.

Ind. Code Ann. § 31-34-1-14 (Michie 1997)

If a parent, guardian, or custodian fails to provide specific medical treatment for a child because of the legitimate and genuine practice of the religious beliefs of the parent, guardian, or custodian, a rebuttable presumption arises that the child is not a child in need of services because of the failure. However, this presumption does not do any of the following:

Prevent a juvenile court from ordering, when the health of a child requires, medical services from a physician licensed to practice medicine in Indiana.

Apply to situations in which the life or health of a child is in serious danger.

Ind. Code Ann. § 31-34-1-15 (Michie 1997)

This chapter does not do any of the following:

Limit the right of a parent, guardian, or custodian of a child to use reasonable corporal punishment when disciplining the child.

Limit the lawful practice or teaching of religious beliefs.