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:

Terms Used In Indiana Code 31-9-2-44.1

  • Allegation: something that someone says happened.
  • 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.
  • minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
(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.

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