Section 31-34-12-4 - Presumption that child is child in need of services 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).
Amended by P.L. 48-2012, SEC. 60, eff. 7/1/2012.As added by P.L. 1-1997, SEC.17.