Indiana Code 31-34-12-4. Presumption that child is child in need of services
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Sec. 4. 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:
(2) at the time the child was injured, the parent, guardian, or custodian:
(1) the child has been injured;
Terms Used In Indiana Code 31-34-12-4
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(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).]
As added by P.L.1-1997, SEC.17. Amended by P.L.48-2012, SEC.60.