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HOUSE BILL No. 1557

Citations Affected: IC 31-34-1.

Synopsis: Child in need of services. Establishes a rebuttable presumption that a child is a child in need of services (CHINS) if the child is born with fetal alcohol syndrome or born with any amount of a controlled substance or legend drug in the child's body. Establishes a rebuttable presumption that a child is a CHINS if the child has an injury, has an abnormal physical or psychological development, or is at a substantial risk of a life threatening condition due to the mother's use of alcohol, controlled substances, or legend drugs during pregnancy.

Effective: July 1, 2011.

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Dermody

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    January 20, 2011, read first time and referred to Committee on Family, Children and Human Affairs.

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PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law.

SOURCE: IC 31-34-1-10; (11)IN1557.1.1. -->     SECTION 1. IC 31-34-1-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10. Except as provided in sections 12 and 13 of this chapter, a rebuttable presumption is raised that a child is a child in need of services if the state introduces competent evidence of probative value that
        (1) the child is was born with:
            (A) (1) fetal alcohol syndrome; or
            (B) (2) any amount, including a trace amount, of a controlled substance or a legend drug in the child's body. and
        (2) the child needs care, treatment, or rehabilitation that:
            (A) the child is not receiving; or
            (B) is unlikely to be provided or accepted without the coercive intervention of the court.

SOURCE: IC 31-34-1-11; (11)IN1557.1.2. -->     SECTION 2. IC 31-34-1-11, AS AMENDED BY P.L.2-2005, SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 11. Except as provided in sections 12 and 13 of this chapter, a rebuttable presumption is raised that a child is a child

in need of services if the state introduces competent evidence of probative value that:
        (1) the child:
            (A) has an injury;
            (B) has abnormal physical or psychological development; or
            (C) is at a 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; and
        (2) the child needs care, treatment, or rehabilitation that:
            (A) the child is not receiving; or
            (B) is unlikely to be provided or accepted without the coercive intervention of the court.

SOURCE: IC 31-34-1-12; (11)IN1557.1.3. -->     SECTION 3. IC 31-34-1-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 12. A child is not a child in need of services under section 10 or 11 of this chapter if:
        (1) a drug detected in the body of the child under section 10(1) 10 of this chapter or the condition described in section 11(1) of this chapter was caused by a legend drug; and
        (2) during pregnancy the child's mother:
            (A) possessed a valid prescription for the legend drug;
            (B) was not in violation of IC 16-42-19 (the Indiana legend drug act); and
            (C) made a good faith attempt to use the legend drug according to the prescription instructions.

SOURCE: IC 31-34-1-13; (11)IN1557.1.4. -->     SECTION 4. IC 31-34-1-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 13. A child is not a child in need of services under section 10 or 11 of this chapter if:
        (1) a drug detected in the body of the child under section 10(1) 10 of this chapter or the condition described in section 11(1) of this chapter was caused by a controlled substance; and
        (2) during pregnancy the child's mother:
            (A) possessed a valid prescription for the controlled substance; and
            (B) made a good faith attempt to use the controlled substance according to the prescription instructions.