Sec. 7. (a) For purposes of an assessment by the department, if:

(1) a parent, guardian, or custodian had care, custody, and control of the child immediately before the child died;

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Terms Used In Indiana Code 31-34-12-7

  • 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.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
(2) a law enforcement officer or an employee of the department had probable cause to believe the parent, guardian, or custodian was impaired, intoxicated, or under the influence of drugs or alcohol immediately before or at the time of the child’s death;

(3) a law enforcement officer or an employee of the department requests, not later than three (3) hours after the death of the child, the parent, guardian, or custodian to submit to a drug or alcohol screen test; and

(4) the parent, guardian, or custodian did not submit to a drug or alcohol screen test within three (3) hours after the request by a law enforcement officer or an employee of the department;

the failure to submit to the drug or alcohol test may be used to determine that the parent, guardian, or custodian was intoxicated or under the influence of alcohol or drugs at the time of the child’s death for the purpose of the determination required under IC 31-33-8-12.

     (b) Evidence from a drug or alcohol screen test administered under this section is not admissible as evidence in a criminal proceeding.

As added by P.L.131-2009, SEC.63.

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