Sec. 12. A child is not a child in need of services under section 10 or 11 of this chapter if:
(1) a drug detected in the body of the child under section 10(1) of this chapter or the condition described in section 11(1) of this chapter was caused by a legend drug; and
(2) during pregnancy the child's mother:
(A) possessed a valid prescription for the legend drug;
(B) was not in violation of IC 16-42-19 (the Indiana legend drug act); and
(C) made a good faith attempt to use the legend drug according to the prescription instructions.
[Pre-1997 Recodification Citation: 31-6-4-3.1(b).]
As added by P.L.1-1997, SEC.17.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 34. Juvenile Law: Children in Need of Services
Chapter 1. Circumstances Under Which a Child Is a Child in Need of Services
31-34-1-3.5. Victim of Human or Sexual Trafficking
31-34-1-4. Parent, Guardian, or Custodian Allowing Child's Participation in Obscene Performance
31-34-1-5. Parent, Guardian, or Custodian Allowing Child to Commit Sex Offense
31-34-1-6. Child Substantially Endangering Own or Another's Health
31-34-1-7. Parent, Guardian, or Custodian Failing to Participate in School Disciplinary Proceeding
31-34-1-9. Disabled Child Deprived of Necessary Nutrition or Medical or Surgical Intervention
31-34-1-12. Exception for Mother's Good Faith Use of Legend Drug According to Prescription
31-34-1-13. Exception for Mother's Good Faith Use of Controlled Substance According to Prescription
31-34-1-15. Effect of Chapter on Use of Corporal Punishment or Religious Practices