Sec. 44.1. (a) "Exigent circumstances", as applied to an action by the department with regard to a child, means that:
(1) the department has definite and articulable evidence giving rise to a reasonable suspicion that the child or a child residing in the home with the child:
(A) has been or is in imminent danger of being physically or sexually abused; or
(B) has been or is in imminent danger of being neglected in a manner that would lead a reasonable person to believe the child's physical safety is seriously endangered;
(2) there is no less intrusive alternative to the department's action that would reasonably and sufficiently protect the child's imminent health or safety; and
(3) one (1) or more of the following applies:
(A) The parent, guardian, or custodian of the child:
(i) is the alleged perpetrator of the abuse or neglect of the child; or
(ii) is allegedly aware of the abuse or neglect of the child and has allegedly not ensured the child's safety.
(B) There is reason to believe that:
(i) the safety of the child might be jeopardized; or
(ii) essential evidence regarding signs or symptoms of abuse or neglect under subdivision (1) on or in the child's body might not be available;
if the department's action is delayed or the child's parent, guardian, or custodian is notified before the department's action.
(C) The child is a homeless unaccompanied minor and is voluntarily receiving services at an emergency shelter or shelter care facility without the presence or consent of the child's parent, guardian, or custodian.
(b) An allegation of educational neglect does not qualify as an exigent circumstance.
As added by P.L.213-2021, SEC.1.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
31-9-2-0.2. Application of Certain Amendments to Prior Law
31-9-2-0.5. "Abandoned Infant"
31-9-2-4. "Adoption Assistance State"
31-9-2-5.5. "Adoption Subsidy"
31-9-2-8.5. "Age or Developmentally Appropriate"
31-9-2-9.5. "Appropriate Public Authorities"
31-9-2-9.9. "At-Risk Child" or "At-Risk Children"
31-9-2-12.5. "Central Authority"
31-9-2-14. "Child Abuse or Neglect"
31-9-2-14.5. "Child at Imminent Risk of Placement"
31-9-2-15. "Child Born in Wedlock"
31-9-2-16. "Child Born Out of Wedlock"
31-9-2-16.4. "Child Caregiver"
31-9-2-16.5. "Child Care Provider"
31-9-2-16.7. "Child Caring Institution"
31-9-2-16.8. "Child Custody Determination"
31-9-2-16.9. "Child Custody Proceeding"
31-9-2-17. "Child in Need of Services"
31-9-2-17.5. "Child Placing Agency"
31-9-2-18. "Child Support Guidelines"
31-9-2-19. "Child Support Order"
31-9-2-19.3. "Child Welfare Agency"
31-9-2-19.5. "Child Welfare Services"
31-9-2-19.6. "Child Welfare Program"
31-9-2-20. "Child With a Disability"
31-9-2-20.3. "Child With Special Needs"
31-9-2-22.1. "Concurrent Planning"
31-9-2-22.5. "Conduct a Criminal History Check"
31-9-2-23.8. "Contact Preference Form"
31-9-2-24. "Controlled Substance"
31-9-2-24.3. "Convention Support Order"
31-9-2-24.5. "Costs of Secure Detention"
31-9-2-28. "Court Appointed Special Advocate"
31-9-2-29.5. "Crime Involving Domestic or Family Violence"
31-9-2-35.5. "De Facto Custodian"
31-9-2-38. "Delinquent Juvenile"
31-9-2-39. "Dependent Child" or "Neglected Child"
31-9-2-39.5. "Destitute Child"
31-9-2-39.8. "Diagnostic Assessment"
31-9-2-41. "Dissolution Decree"
31-9-2-42. "Domestic or Family Violence"
31-9-2-42.3. "Drug or Alcohol Screen Test"
31-9-2-43.2. "Early Intervention Advocate"
31-9-2-43.5. "Emergency Medical Services Provider"
31-9-2-44. "Executive Authority"
31-9-2-44.1. "Exigent Circumstances"
31-9-2-44.5. "Family or Household Member"
31-9-2-44.8. "Family Preservation Services"
31-9-2-45.9. "Final Agency Action"
31-9-2-46.1. "Foreign Central Authority"
31-9-2-46.2. "Foreign Country"
31-9-2-46.3. "Foreign Support Agreement"
31-9-2-46.4. "Foreign Support Order"
31-9-2-46.5. "Financial Institution"
31-9-2-46.6. "Foreign Tribunal"
31-9-2-46.9. "Foster Family Home"
31-9-2-48.3. "Grandparent Visitation"
31-9-2-50. "Guardian Ad Litem"
31-9-2-51. "Hard to Place Child" or "Hard to Place Children"
31-9-2-52. "Health Care Provider"
31-9-2-54. "Identifying Information"
31-9-2-54.5. "Incapacitated Person"
31-9-2-58. "Income Withholding Order"
31-9-2-59.5. "Initial Determination"
31-9-2-61. "Initiating Tribunal"
31-9-2-63. "Intended Biological Parent"
31-9-2-64. "Interested Person"
31-9-2-64.7. "Issuing Foreign Country"
31-9-2-67. "Joint Legal Custody"
31-9-2-71. "Juvenile Detention Facility"
31-9-2-71.5. "Juvenile Diversion"
31-9-2-72.7. "Kinship Care Navigator Program"
31-9-2-74. "Law Enforcement Agency"
31-9-2-76.5. "Long Term Foster Parent"
31-9-2-76.7. "Lifetime Sex or Violent Offender"
31-9-2-76.8. "Local Law Enforcement Authority"
31-9-2-77. "Maternal or Paternal Grandparent"
31-9-2-79. "Medical Information"
31-9-2-82. "Neglected Child" or "Dependent Child"
31-9-2-83. "Noncustodial Parent"
31-9-2-84. "Nonidentifying Information"
31-9-2-84.6. "Nonrelocating Individual"
31-9-2-84.7. "Nonrelocating Parent"
31-9-2-84.8. "Nonwaivable Offense"
31-9-2-86.5. "Office of Administrative Law Proceedings"
31-9-2-87.5. "Outside This State"
31-9-2-88.7. "Permanency Roundtable"
31-9-2-90. "Person Acting as Parent"
31-9-2-93. "Pre-Adoptive Sibling"
31-9-2-94. "Preliminary Inquiry"
31-9-2-95. "Premarital Agreement"
31-9-2-96. "Prior Family Law and Juvenile Law"
31-9-2-97. "Probation or Parole"
31-9-2-97.4. "Professional Health Care Provider"
31-9-2-99. "Prosecuting Attorney"
31-9-2-99.2. "Prospective Adoptive Parent"
31-9-2-100.5. "Qualified Medical Practitioner"
31-9-2-101. "Reason to Believe"
31-9-2-101.5. "Reasonable and Prudent Parent Standard"
31-9-2-103.7. "Regional Services Council"
31-9-2-105. "Registering Tribunal"
31-9-2-107.5. "Relocating Individual"
31-9-2-109.5. "Residential Placement Committee"
31-9-2-111. "Responding State"
31-9-2-112. "Responding Tribunal"
31-9-2-112.3. "Restorative Justice"
31-9-2-112.5. "Risk and Needs Assessment Tool"
31-9-2-112.8. "Risk Screening Tool"
31-9-2-113.7. "Secure Detention Facility"
31-9-2-115. "Secure Private Facility"
31-9-2-116.5. "Services or Items"
31-9-2-117. "Shelter Care Facility"
31-9-2-118. "Spousal Support Order"
31-9-2-120. "State Department"
31-9-2-123.5. "Successful Adulthood Services"
31-9-2-123.7. "Supervised Independent Living Arrangement"
31-9-2-124. "Support Enforcement Agency"
31-9-2-127. "Surrogate Agreement"
31-9-2-129.5. "Therapeutic Foster Family Home"
31-9-2-130. "Title Iv-D Agency"
31-9-2-130.2. "Title Iv-D Case"
31-9-2-130.3. "Transitional Services Plan"
31-9-2-131.3. "Ultimate Authority of the Department"
31-9-2-131.5. "United States Central Authority"
31-9-2-131.7. "Unlicensed Caregiver"
31-9-2-133. "Victim of Child Abuse or Neglect"
31-9-2-133.1. "Victim of Human or Sexual Trafficking"