Presumption that child is child in need of services if child resides with adult who has committed or been charged with specified acts

Sec. 4.5. (a) There is a rebuttable presumption that a child is a child in need of services if the state establishes that the child lives in the same household as an adult who: (1) committed an offense described in IC 31-34-1-2, IC 31-34-1-3, or IC 31-34-1-3.5 against a child and the offense resulted in a conviction or a judgment under IC 31-34-11-2; (2) has been charged with an offense described in IC 31-34-1-2, IC 31-34-1-3, or IC 31-34-1-3.5 against a child and is awaiting trial; or (3) was a perpetrator of a child fatality or near fatality as described by IC 31-33-18-1.5. (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 offense described in IC 31-34-1-2 or 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 offense described in IC 31-34-1-2 or 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).