Sec. 12. (a) This section applies if a child is a delinquent child under IC 31-37-1 due to the commission of a delinquent act that, if committed by an adult, would be:
(1) an offense relating to a criminal sexual act (as defined in IC 35-31.5-2-216) and the offense created an epidemiologically demonstrated risk of transmission of the human immunodeficiency virus (HIV); or
(2) an offense relating to controlled substances (as defined in IC 35-31.5-2-217) if the offense involved:
(A) the delivery by a person to another person; or
(B) the use by a person on another person;
of a contaminated sharp (as defined in IC 16-41-16-2) or other paraphernalia that creates an epidemiologically demonstrated risk of transmission of HIV by involving percutaneous contact.
(b) The juvenile court shall, in addition to any other order or decree the court makes under this chapter, order the child to undergo a screening test for the human immunodeficiency virus (HIV).
(c) If the screening test indicates the presence of antibodies to HIV, the court shall order the child to undergo a confirmatory test.
(d) If the confirmatory test confirms the presence of the HIV antibodies, the court shall report the results to the state department of health.
(e) The state department of health shall do the following:
(1) Notify potentially affected victims of the offense relating to a criminal sexual act (as defined in IC 35-31.5-2-216) or offense relating to controlled substances (as defined in IC 35-31.5-2-217) of the HIV screening results.
(2) Provide counseling regarding HIV and a referral for appropriate health care to the victims.
[Pre-1997 Recodification Citation: 31-6-4-15.9(j).]
As added by P.L.1-1997, SEC.20. Amended by P.L.125-2007, SEC.2; P.L.114-2012, SEC.52.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 37. Juvenile Law: Delinquency
Chapter 19. Dispositional Decrees
31-37-19-1.5. Completion of Case Plan; Copies of Case Plan; Contents; Review and Update
31-37-19-1.7. Consult With Child; Selection of Child Representatives; Adviser
31-37-19-5. Additional Dispositional Decrees; Costs
31-37-19-6. Additional Actions by Court on Behalf of Delinquent Child
31-37-19-6-b. Additional Actions by Court on Behalf of Delinquent Child
31-37-19-8. Continuous or Intermittent Confinement; Substandard Juvenile Detention Facilities
31-37-19-11. Confinement Imposed Under Departmental Classification System; Limitation
31-37-19-11.5. Transitional Services; Data Collection; Annual Report
31-37-19-11.7. Telehealth Services
31-37-19-12. HIV Testing of Delinquent Child; Reporting; Notice to and Counseling of Victims
31-37-19-17.2. Fuel Theft by Delinquent Child
31-37-19-17.4. Court May Order a Delinquent Child to Receive Counseling
31-37-19-18. Surrendering and Forwarding Driver's Licenses or Permits
31-37-19-21. Juvenile Detention Facility Confining Child for More Than 30 Days; Criteria
31-37-19-23. Placement in Facility Located Outside Child's County of Residence
31-37-19-25. Decree Limiting Contact With Child; Copies to Parties and Law Enforcement Agencies
31-37-19-26. Determination and Reporting of Legal Settlement