Parental Substance Use as Child Maltreatment - Indiana

Substance-Exposed Newborns 
Citation: Ann. Code §§ 31-34-1-10; 31-34-1-11; 31-34-1-12; 31-34-1-13

Except as provided in §§ 31-34-1-12 and 31-34-1-13, a child is a child in need of services under the following circumstances:

• The child is born with any of the following:
  • Fetal alcohol syndrome
  • Neonatal abstinence syndrome
  • Any amount, including a trace amount, of a controlled substance, a legend drug, or a metabolite of a controlled substance or legend drug in the child's body, including the child's blood, urine, umbilical cord tissue, or meconium
• The child needs care, treatment, or rehabilitation that the child is not receiving or is unlikely to be provided or accepted without the coercive intervention of the court.

Except as provided in §§ 31-34-1-12 and 31-34-1-13, a child is a child in need of services under the following circumstances:

• The child has an injury; abnormal physical or psychological development; symptoms of neonatal intoxication or withdrawal; or is at substantial risk of a life-threatening condition that arises or is substantially aggravated because the child's mother used alcohol, a controlled substance, or a legend drug during pregnancy.

The child needs care, treatment, or rehabilitation that the child is not receiving or is unlikely to be provided or accepted without the coercive intervention of the court.

A child is not a child in need of services under §§ 31-34-1-10 or 31-34-1-11 if a drug detected in the body of the child under § 31-34-1-10 or the condition described in § 31-34-1-11 was caused by a legend drug, and during pregnancy the child's mother possessed a valid prescription for the legend drug, was not in violation of the Indiana legend drug act, and made a good-faith attempt to use the legend drug according to the prescription instructions.

A child is not a child in need of services under § 31-34-1-10 or 31-34-1-11 if a drug detected in the body of the child under § 31-34-1-10 or the condition described in § 31-34-1-11 was caused by a legend drug, and, during pregnancy, the child's mother possessed a valid prescription for the controlled substance and made a good faith attempt to use the controlled substance according to the prescription instructions.

Children Exposed to Parental Substance Use
Citation: Ann. Code §§ 31-34-1-2; 35-46-1-4

A child is a 'child in need of services' if before the child becomes age 18, the following are true:

• The child's physical or mental health is seriously endangered due to injury by the act or omission of the child's parent, guardian, or custodian.
• The child needs care, treatment, or rehabilitation that the child is not receiving and is unlikely to be provided or accepted without the coercive intervention of the court. 

A child is 'a child in need of services' if, before the child becomes age 18, the child is a victim of an offense under § 35-46-1-4 (neglect of a dependent child).

Evidence that the illegal manufacture of a drug or controlled substance is occurring on property where a child resides creates a rebuttable presumption that the child's physical or mental health is seriously endangered.

A person who has the care of a dependent, whether assumed voluntarily or because of a legal obligation, who knowingly or intentionally places the dependent in a situation that endangers the dependent's life or health commits neglect of a dependent, a level 6 felony.                    

However, the offense is a level 5 felony if it results in bodily injury or either of the following apply:                     

• It is committed in a location where a person is violating § 35-48-4-1 (dealing in cocaine or a narcotic drug), § 35-48-4-1.1 (dealing in methamphetamine), or § 35-48-4-1.2 (manufacturing methamphetamine).                                 
• It is the result of a violation of § 35-48-4-1 (dealing in cocaine or a narcotic drug), § 35-48-4-1.1 (dealing in methamphetamine), or § 35-48-4-1.2 (manufacturing methamphetamine).