Sec. 2. (a) A child is a child in need of services if before the child becomes eighteen (18) years of age: (1) 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, including failure of the child's parent, guardian, or custodian to protect the child from exposure to the use, possession, sale, or manufacture of illegal drugs; and (2) the child needs care, treatment, or rehabilitation that: (A) the child is not receiving; and (B) is unlikely to be provided or accepted without the coercive intervention of the court. (b) A child is a child in need of services if, before the child becomes eighteen (18) years of age: (1) the child is a victim of: (A) an offense under IC 35-42-1-2.5 ; (B) an offense under IC 35-42-2-1 ; (C) an offense under IC 35-42-2-1.3 ; (D) an offense under IC 35-42-2-1.5 ; (E) an offense under IC 35-42-2-9 ; (F) an offense under IC 35-42-2-10 ; or (G) an offense under IC 35-46-1-4 ; (2) the offense described in subdivision (1) was committed by the parent, guardian, or custodian of the child; and (3) the child needs care, treatment, or rehabilitation that: (A) the child is not receiving; and (B) is unlikely to be provided or accepted without the coercive intervention of the court. (c) A child is a child in need of services if, before the child becomes eighteen (18) years of age, the child: (1) lives in the same household as an adult who: (A) committed: (i) an offense described in subsection (b)(1); or (ii) an offense under IC 35-42-1-1 , IC 35-42-1-2 , IC 35-42-1-3 , IC 35-42-1-4 , or IC 35-42-1-5 ; against another child who lives in the household and the offense resulted in a conviction or a judgment under IC 31-34-11-2 ; or (B) has been charged with committing an offense described in clause (A) against another child who lives in the household and is awaiting trial; and (2) needs care, treatment, or rehabilitation that: (A) the child is not receiving; and (B) is unlikely to be provided or accepted without the coercive intervention of the court. [Pre-1997 Recodification Citation: 31-6-4-3(a) part.]
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