Sec. 4. A rebuttable presumption is raised that the child is a child in need of services because of an act or omission of the child's parent, guardian, or custodian if the state introduces competent evidence of probative value that:
(1) the child has been injured;
(2) at the time the child was injured, the parent, guardian, or custodian:
(A) had the care, custody, or control of the child; or
(B) had legal responsibility for the care, custody, or control of the child;
(3) the injury would not ordinarily be sustained except for the act or omission of a parent, guardian, or custodian; and
(4) there is a reasonable probability that the injury was not accidental.
[Pre-1997 Recodification Citation: 31-6-7-13(b).]
As added by P.L.1-1997, SEC.17. Amended by P.L.48-2012, SEC.60.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 34. Juvenile Law: Children in Need of Services
Chapter 12. Findings, Presumptions, and Evidence
31-34-12-1. Burden of Proof of Delinquent Act or Crime
31-34-12-2. Burden of Proof in Proceedings to Terminate Parental Rights
31-34-12-3. Burden of Proof in Other Cases
31-34-12-4. Presumption That Child Is Child in Need of Services
31-34-12-5. Admissibility of Evidence of Prior or Subsequent Acts or Omissions
31-34-12-6. Admissibility of Privileged Communications
31-34-12-7. Failure to Submit to Drug or Alcohol Test
31-34-12-8. Evidence of Financial Inability to Supply Food, Clothing, or Shelter