Presumption if living in household with victim of sex offense
Sec. 4.5. (a) There is a rebuttable presumption that a child is a
child in need of services if the state establishes that:
(1) another child in the same household is the victim of a sex
offense described in IC 31-34-1-3; and
(2) the sex offense described in IC 31-34-1-3:
(A) was committed by an adult who lives in the household
with the child; and
(B) resulted in a conviction of the adult or a judgment under
IC 31-34-11-2 as it relates to the child against whom the sex
offense was committed.
(b) The following may not be used as grounds to rebut the
presumption under subsection (a):
(1) The child who is the victim of the sex offense described in
IC 31-34-1-3 is not genetically related to the adult who
committed the act, but the child presumed to be the child in
need of services under this section is genetically related to the
adult who committed the act.
(2) The child who is the victim of the sex offense described in
IC 31-34-1-3 differs in age from the child presumed to be the
child in need of services under this section.
(c) This section does not affect the ability to take a child into
custody or emergency custody under IC 31-34-2 if the act of taking
the child into custody or emergency custody is not based upon a
presumption established under this section. However, if the
presumption established under this section is the sole basis for taking
a child into custody or emergency custody under IC 31-34-2, the
court first must find cause to take the child into custody or
emergency custody following a hearing in which the parent,
guardian, or custodian of the child is accorded the rights described
in IC 31-34-4-6(a)(2) through IC 31-34-4-6(a)(5).
As added by P.L.18-2004, SEC.2.
Last modified: May 24, 2006