HIV testing of delinquent child; reporting; notice to and counseling
of victims
Sec. 12. (a) This section applies if a child is a delinquent child
under IC 31-37-1 due to the commission of a delinquent act that, if
committed by an adult, would be:
(1) a sex crime listed in IC 35-38-1-7.1(e) and the crime created
an epidemiologically demonstrated risk of transmission of the
human immunodeficiency virus (HIV) as described in
IC 35-38-1-7.1(b)(8); or
(2) an offense related to controlled substances listed in
IC 35-38-1-7.1(f) if the offense involved:
(A) the delivery by a person to another person; or
(B) the use by a person on another person;
of a contaminated sharp (as defined in IC 16-41-16-2) or other
paraphernalia that creates an epidemiologically demonstrated
risk of transmission of HIV by involving percutaneous contact.
(b) The juvenile court shall, in addition to any other order or
decree the court makes under this chapter, order the child to undergo
a screening test for the human immunodeficiency virus (HIV).
(c) If the screening test indicates the presence of antibodies to
HIV, the court shall order the child to undergo a confirmatory test.
(d) If the confirmatory test confirms the presence of the HIV
antibodies, the court shall report the results to the state department
of health.
(e) The state department of health shall do the following:
(1) Notify victims of the crimes listed in IC 35-38-1-7.1(e) and
IC 35-38-1-7.1(f) of the HIV screening results.
(2) Provide counseling regarding HIV and a referral for
appropriate health care to the victims.
As added by P.L.1-1997, SEC.20.
Last modified: May 24, 2006