Current Through February 2016

Physical Abuse

Citation: Ann. Code § 31-34-1-2A child is a ‘child in need of services’ if, before the child becomes age 18, 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.

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.

Neglect

Citation: Ann. Code §§ 31-34-1-1; 31-34-1-9; 31-34-1-10; 31-34-1-11A child is a ‘child in need of services’ if, before the child becomes age 18:

• 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.
• 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.
• The child has an injury, 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.

The term ‘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 nutritional, medical, or surgical intervention is generally provided to similarly situated children with or without disabilities.

Sexual Abuse/Exploitation

Citation: Ann. Code §§ 31-34-1-3; 31-34-1-4; 31-34-1-3.5; 31-9-2-133.1A child is a ‘child in need of services’ if, before the child becomes age 18, the child is the victim of an offense, as defined in the criminal statutes, pertaining to:

• Rape
• Criminal deviate conduct (before its repeal)
• Child molesting
• Child exploitation or possession of child pornography
• Child seduction
• Sexual misconduct with a minor
• Indecent exposure
• Prostitution
• Incest

A child is a ‘child in need of services’ if, before the child becomes age 18, the child’s parent, guardian, or custodian allows the child:

• To participate in an obscene performance
• To commit a sex offense prohibited by criminal statute

A child is a child in need of services if, before the child becomes age 18, the child is the victim of:

• Human or sexual trafficking (as defined in § 31-9-2-133.1)
• A human or sexual trafficking offense under the law of another jurisdiction, including Federal law, that is substantially equivalent

A child is considered a victim of human or sexual trafficking regardless of whether the child consented to the conduct described above.

The term ‘victim of human or sexual trafficking’ refers to a child who is recruited, harbored, transported, or engaged in:

• Forced labor
• Involuntary servitude
• Prostitution
• Child exploitation, as defined in § 35-42-4-4(b)
• Marriage, unless authorized by a court under § 31-11-1-6
• Trafficking for the purpose of prostitution or participation in sexual conduct, as defined in § 35-42-4-4(a)(4)

Emotional Abuse

Citation: Ann. Code § 31-34-1-2A child is a ‘child in need of services’ if the child’s mental health is seriously endangered by an act or omission of the child’s parent, guardian, or custodian.

Abandonment

Citation: Ann. Code § 31-9-2-0.5
‘Abandoned infant’ means:

• A child who is younger than 12 months old 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 in a hospital or medical facility and has no reasonable plan to assume the care, custody, and control of the child
• A child who is or appears to be no more than 30 days old 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

Standards for Reporting

Citation: Ann. Code § 31-33-5-1
A report is required when an individual has reason to believe that a child is a victim of child abuse or neglect.

Persons Responsible for the Child

Citation: Ann. Code §§ 31-9-2-0.5; 31-34-1-1 through 31-34-1-5Responsible persons include the child’s parent, guardian, or custodian.

Exceptions

Citation: Ann. Code §§ 31-34-1-12; 31-34-1-14; 31-34-1-15A child is not a ‘child in need of services’ if:

• The presence of a controlled substance was a result of a valid medical prescription.
• A parent fails to provide specific medical treatment for a child because of legitimate and genuine religious beliefs. This presumption does not do any of the following:
  • Prevent a court from ordering medical services when the health of the child requires it
  • Apply to situations in which the child’s life or health is in serious danger

This chapter does not limit:

• The right of the parent to use reasonable corporal punishment to discipline the child
• The lawful practice or teaching of religious beliefs

Current Through August 2017

Defined in Domestic Violence Civil Laws

Citation: Ann. Stat. §§ 31-9-2-29.5; 31-9-2-42‘Crime involving domestic or family violence’ means a crime that occurs when a family or household member commits, attempts to commit, or conspires to commit any of the following against another family or household member:

• A homicide offense
• A battery offense
• Kidnapping or confinement
• A sex offense
• Robbery
• Arson or mischief
• Burglary or trespass
• Disorderly conduct
• Intimidation or harassment
• Voyeurism
• Stalking
• An offense against the family under §§ 35-46-1-2 through 35-46-1-8; or §§ 35-46-1-12, 35-46-1-15.1, or 35-46-1-15.3
• Human and sexual trafficking crimes
• A crime involving animal cruelty and a family or household member

‘Domestic or family violence’ means, except for an act of self-defense, the occurrence of one or more of the following acts committed by a family or household member:

• Attempting to cause, threatening to cause, or causing physical harm to another family or household member without legal justification
• Placing a family or household member in fear of physical harm without legal justification
• Causing a family or household member to involuntarily engage in sexual activity by force, threat of force, or duress
• Beating, torturing, mutilating, or killing an animal without justification with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Ann. Stat. § 35-31.5-2-78‘Crime of domestic violence’ means an offense or the attempt to commit an offense that:

• Includes the use of physical force or threatened use of a deadly weapon
• Is committed against a:
  • Current or former spouse, parent, or guardian of the defendant
  • Person with whom the defendant has a child in common
  • Person who was cohabiting with or had cohabited with the defendant as a spouse, parent, or guardian
  • Person who was or had been similarly situated to a spouse, parent, or guardian of the defendant

Persons Included in the Definition

Citation: Ann. Code § 31-9-2-44.5In civil law: An individual is a ‘family or household member’ of another person if the individual:

• Is a current or former spouse of the other person
• Is dating or has dated the other person
• Is engaged or was engaged in a sexual relationship with the other person
• Is related by blood or adoption to the other person
• Is or was related by marriage to the other person
• Has or previously had an established legal relationship:
  • As a guardian of the other person
  • As a ward of the other person
  • As a custodian of the other person
  • As a foster parent of the other person
  • In a capacity with respect to the other person similar to those listed above
• Has a child in common with the other person

An individual is a ‘family or household member’ of both persons listed above if the individual is a minor child of one of the persons.

Child Witnesses to Domestic Violence