Skip to main content
Find a Lawyer

Indiana Code Title 31. Family Law and Juvenile Law § 31-9-2-44.1

Current as of January 02, 2024 | Updated by Findlaw Staff

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:

(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.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Indiana Code Title 31. Family Law and Juvenile Law § 31-9-2-44.1 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-31-family-law-and-juvenile-law/in-code-sect-31-9-2-44-1/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard