Sec. 7. (a) For purposes of an assessment by the department, if:
(1) a parent, guardian, or custodian had care, custody, and control of the child immediately before the child died;
(2) a law enforcement officer or an employee of the department had probable cause to believe the parent, guardian, or custodian was impaired, intoxicated, or under the influence of drugs or alcohol immediately before or at the time of the child's death;
(3) a law enforcement officer or an employee of the department requests, not later than three (3) hours after the death of the child, the parent, guardian, or custodian to submit to a drug or alcohol screen test; and
(4) the parent, guardian, or custodian did not submit to a drug or alcohol screen test within three (3) hours after the request by a law enforcement officer or an employee of the department;
the failure to submit to the drug or alcohol test may be used to determine that the parent, guardian, or custodian was intoxicated or under the influence of alcohol or drugs at the time of the child's death for the purpose of the determination required under IC 31-33-8-12.
(b) Evidence from a drug or alcohol screen test administered under this section is not admissible as evidence in a criminal proceeding.
As added by P.L.131-2009, SEC.63.
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