Sec. 2.5. A juvenile court may not appoint a person to serve as the guardian or custodian of a child or permit a person to continue to serve as a guardian or custodian of a child if the person:
(1) is a sexually violent predator (as described in IC 35-38-1-7.5);
(2) was at least eighteen (18) years of age at the time of the offense and committed child molesting (IC 35-42-4-3) or sexual misconduct with a minor (IC 35-42-4-9) against a child less than sixteen (16) years of age:
(A) by using or threatening the use of deadly force;
(B) while armed with a deadly weapon; or
(C) that resulted in serious bodily injury; or
(3) was less than eighteen (18) years of age at the time of the offense but was tried and convicted as an adult of an offense described in:
(A) IC 35-42-4-1;
(B) IC 35-42-4-2 (before its repeal);
(C) IC 35-42-4-3 as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 1, Level 2, or Level 3 felony (for crimes committed after June 30, 2014);
(D) IC 35-42-4-5(a)(1);
(E) IC 35-42-4-5(a)(2);
(F) IC 35-42-4-5(a)(3) (before that provision was redesignated by P.L.158-2013, SECTION 441);
(G) IC 35-42-4-5(b)(1) as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 2, Level 3, or Level 4 felony (for crimes committed after June 30, 2014);
(H) IC 35-42-4-5(b)(2); or
(I) IC 35-42-4-5(b)(3) as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 1, Level 2, or Level 3 felony (for crimes committed after June 30, 2014).
As added by P.L.139-2006, SEC.3, P.L.140-2006, SEC.18, and P.L.173-2006, SEC.18. Amended by P.L.131-2009, SEC.38; P.L.158-2013, SEC.314; P.L.214-2013, SEC.24; P.L.168-2014, SEC.39; P.L.86-2018, SEC.218; P.L.142-2020, SEC.39.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 30. Juvenile Law: Juvenile Court Jurisdiction
Chapter 1. Jurisdiction Generally
31-30-1-0.1. Application of Certain Amendments to Chapter
31-30-1-0.3. Transfer of Guardianship Matters to Juvenile Court
31-30-1-1. Exclusive Original Jurisdiction
31-30-1-2. Applicability of Juvenile Law to Certain Offenses
31-30-1-2.5. Persons Prohibited From Serving as Guardian or Custodian of a Child
31-30-1-3. Cases Involving Adults Charged With Crimes
31-30-1-5. Concurrent Original Jurisdiction With Probate Court
31-30-1-7. Juveniles Tried as Adults
31-30-1-8. Exclusive Jurisdiction of Juvenile Division of Marion Superior Court
31-30-1-10. Paternity Proceedings to Enforce Support
31-30-1-11. Transfer From Court Having Criminal Jurisdiction; Release on Recognizance; Detention