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Indiana Code

Ind. Code § 31-34-1-3 (2026)

Victim of specified offense; living in household with a child victim of a specified offense or an adult who committed or is charged with a specified offense

✓ current as of May 2026
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     Sec. 3. (a) A child is a child in need of services if, before the child becomes eighteen (18) years of age:

(1) the child is the victim of an offense under:

(A) IC 35-42-4-1;

(B) IC 35-42-4-2 (before its repeal);

(C) IC 35-42-4-3;

(D) IC 35-42-4-4;

(E) IC 35-42-4-5;

(F) IC 35-42-4-6;

(G) IC 35-42-4-7;

(H) IC 35-42-4-8;

(I) IC 35-42-4-9;

(J) IC 35-45-4-1;

(K) IC 35-45-4-2;

(L) IC 35-45-4-3;

(M) IC 35-45-4-4; or

(N) IC 35-46-1-3; and

(2) the child needs care, treatment, or rehabilitation that:

(A) the child is not receiving; and

(B) is unlikely to be provided or accepted without the coercive intervention of the court.

     (b) A child is a child in need of services if, before the child becomes eighteen (18) years of age, the child:

(1) lives in the same household as an adult who:

(A) committed an offense described in subsection (a)(1) against a child and the offense resulted in a conviction or a judgment under IC 31-34-11-2; or

(B) has been charged with an offense described in subsection (a)(1) against a child and is awaiting trial; and

(2) needs care, treatment, or rehabilitation that:

(A) the child is not receiving; and

(B) is unlikely to be provided or accepted without the coercive intervention of the court.

     (c) A child is a child in need of services if, before the child becomes eighteen (18) years of age:

(1) the child lives in the same household as another child who is the victim of an offense described in subsection (a)(1);

(2) the child needs care, treatment, or rehabilitation that:

(A) the child is not receiving; and

(B) is unlikely to be provided or accepted without the coercive intervention of the court; and

(3) a caseworker assigned to provide services to the child:

(A) places the child in a program of informal adjustment or other family or rehabilitative services based on the existence of the circumstances described in subdivisions (1) and (2), and the caseworker subsequently determines further intervention is necessary; or

(B) determines that a program of informal adjustment or other family or rehabilitative services is inappropriate.

     (d) A child is a child in need of services if, before the child becomes eighteen (18) years of age:

(1) the child lives in the same household as an adult who:

(A) committed a human or sexual trafficking offense under IC 35-42-3.5-1 through IC 35-42-3.5-1.4 or the law of another jurisdiction, including federal law, that resulted in a conviction or a judgment under IC 31-34-11-2; or

(B) has been charged with a human or sexual trafficking offense under IC 35-42-3.5-1 through IC 35-42-3.5-1.4 or the law of another jurisdiction, including federal law, and is awaiting trial; and

(2) the child needs care, treatment, or rehabilitation that:

(A) the child is not receiving; and

(B) is unlikely to be provided or accepted without the coercive intervention of the court.

[Pre-1997 Recodification Citation: 31-6-4-3(a) part.]

As added by P.L.1-1997, SEC.17. Amended by P.L.18-2004, SEC.1; P.L.158-2013, SEC.319; P.L.214-2013, SEC.26; P.L.168-2014, SEC.43; P.L.16-2016, SEC.1; P.L.46-2016, SEC.7; P.L.183-2017, SEC.39; P.L.144-2018, SEC.6; P.L.142-2020, SEC.41.

 

Notes of Decisions
Cited in 22 cases (1 in the last 5 years), 2000–2026 · leading case: Christopher Smith v. State of Indiana, 8 N.E.3d 668 (Ind. 2014).
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Christopher Smith v. State of Indiana, 8 N.E.3d 668 (Ind. 2014). · cites it 18× “8 Ind. Code § 31-34-1-3 (a) (2008). 6 And, finally, the relevant portion of Indiana Code § 35-42-4- 1—the criminal provision for rape—defines that offense as occurring when a person “knowingly or intentionally has sexual intercourse with a member of the opposite sex when: (1)…”
In the Matter of D.P. (Minor Child), & M.P. (Father) v. The Indiana Dep't of Child Servs., 72 N.E.3d 976 (Ind. Ct. App. 2017). · cites it 4× “5 Under Indiana Code Section 31-34-1-3(b), a child is automatically a CHINS is he or she is living with a person charged with one of the expressly-listed crimes against children, such as child molestation, prostitution, or incest, and the coercive intervention of the court is…”
Maybaum v. Putnam Cnty. Off. of Fam. & Child., 723 N.E.2d 951 (Ind. Ct. App. 2000). · cites it 8× “was a CHINS under Ind.Code § 31-34-1-3 because she was a victim of a sex offense.”
In the Matter of K.D. & K.S. S.S. v. The Indiana Dept. of Child Servs. & Child Advocates, Inc., 962 N.E.2d 1249 (Ind. 2012). “Indiana Code sections 31-34-1-3, 31 — 34—1— 4, and 31-34-1-5 all deal with sexual offenses and outline a number of criminal statutes that correspond with a CHINS adjudication based on various statutorily defined sexual offenses.”
D.A. v. State of Indiana, 58 N.E.3d 169 (Ind. 2016). · cites it 2× “Ind.Code § 31-34-1-3 (Supp.2015). Like civil forfeitures, each of these consequences results at least tangentially from criminal activity or a criminal conviction.”
In Re Ju. L., 952 N.E.2d 771 (Ind. Ct. App. 2011). · cites it 2× “was a victim of a sex offense at the hands of her father under I.C. § 31-34-1-3, but the trial court ultimately held that P.”
Slater v. Marion Cnty. Dep't of Child Servs., 865 N.E.2d 1043 (Ind. Ct. App. 2007). · cites it 2× “Indiana Code Section 31-34-1-3(b)(2) contains no terms dictating the timing of the CHINS determinations of the sex offense victim and the victim’s sibling.”
A.H. v. Bartholomew Cnty. Off. of Fam. & Child., 751 N.E.2d 690 (Ind. Ct. App. 2001). · cites it 2× “Ind.Code § 31-34-1-3 provides: A child is a child in need of services if before the child becomes eighteen (18) years of age: (1) the child is the victim of a sex offense under: [[Image here]] (F) IC 35-42-4-9 [[Image here]] and (2) the child needs care, treatment, or…”
Christopher Smith v. State of Indiana, 982 N.E.2d 348 (Ind. Ct. App. 2013). · cites it 2× “Ind. Code § 31-34-1-3 (a) provides that “[a] child is a child in need of services if, before the child becomes eighteen (18) years of age: .”
In re the Matter of M.C. (Minor Child), J.C. (Father) v. Indiana Dep't of Child Servs. (mem. dec.) (Ind. Ct. App. 2018). · cites it 16× “I.C. § 31-34-1-3. [13] And the last of the above-mentioned sections, which we have previously referred to as the “Presumption Statute,” see In re D.”
In the Matter of J.M-C., I.M., E.M., B.M., M.F., Ale.F., Ala.F., Alin.F., & Alia.F., Child. in Need of Servs., T.M., Mother v. Indiana Dep't of Child Servs. (mem. dec.) (Ind. Ct. App. 2019). · cites it 12× “” Ind. Code § 31-34-1-3 (c)(1). Here, the juvenile court found that the Children were CHINS as defined by both Indiana Code section 31-34- 1-1 and Indiana Code section 31-34-1-3.”
CHINS: D C v. Indiana Dep't of Child Servs. (Ind. Ct. App. 2026). · cites it 8× “5 and that he was convicted of committing an offense described in Indiana Code section 31-34-1-3 against a child, namely Class C felony child molesting pursuant to Indiana Code section 35-42-4-3(b) (2006).”
Show all 22 citing cases →
— Ind. Code § 31-34-1-3(C) — 1 case
In re the Matter of M.C. (Minor Child), J.C. (Father) v. Indiana Dep't of Child Servs. (mem. dec.) (Ind. Ct. App. 2018). “I.C. § 31-34-1-3. [13] And the last of the above-mentioned sections, which we have previously referred to as the “Presumption Statute,” see In re D.”
— Ind. Code § 31-34-1-3(a) — 4 cases
In the Matter of Child. Alleged to be Child. in Need of Servs., D.H. & G.H., & D.B.H. v. The Indiana Dept. of Child Servs. (Ind. Ct. App. 2012).
In the Matter of J.M-C., I.M., E.M., B.M., M.F., Ale.F., Ala.F., Alin.F., & Alia.F., Child. in Need of Servs., T.M., Mother v. Indiana Dep't of Child Servs. (mem. dec.) (Ind. Ct. App. 2019). “” Ind. Code § 31-34-1-3 (c)(1). Here, the juvenile court found that the Children were CHINS as defined by both Indiana Code section 31-34- 1-1 and Indiana Code section 31-34-1-3.”
In the Matter of J.C. & K.C., Child. in Need of Servs., & J.S. (Mother) & M.S. (Stepfather) v. Indiana Dep't of Child Servs. (mem. dec.) (Ind. Ct. App. 2016).
CHINS: D C v. Indiana Dep't of Child Servs. (Ind. Ct. App. 2026). “5 and that he was convicted of committing an offense described in Indiana Code section 31-34-1-3 against a child, namely Class C felony child molesting pursuant to Indiana Code section 35-42-4-3(b) (2006).”
— Ind. Code § 31-34-1-3(a)(1) — 1 case
In re the Matter of M.C. (Minor Child), J.C. (Father) v. Indiana Dep't of Child Servs. (mem. dec.) (Ind. Ct. App. 2018). “I.C. § 31-34-1-3. [13] And the last of the above-mentioned sections, which we have previously referred to as the “Presumption Statute,” see In re D.”
— Ind. Code § 31-34-1-3(a)(2) — 1 case
In re the Matter of M.C. (Minor Child), J.C. (Father) v. Indiana Dep't of Child Servs. (mem. dec.) (Ind. Ct. App. 2018). “I.C. § 31-34-1-3. [13] And the last of the above-mentioned sections, which we have previously referred to as the “Presumption Statute,” see In re D.”
— Ind. Code § 31-34-1-3(b) — 2 cases
In the Matter of D.P. (Minor Child), & M.P. (Father) v. The Indiana Dep't of Child Servs., 72 N.E.3d 976 (Ind. Ct. App. 2017). “5 Under Indiana Code Section 31-34-1-3(b), a child is automatically a CHINS is he or she is living with a person charged with one of the expressly-listed crimes against children, such as child molestation, prostitution, or incest, and the coercive intervention of the court is…”
In re the Matter of M.C. (Minor Child), J.C. (Father) v. Indiana Dep't of Child Servs. (mem. dec.) (Ind. Ct. App. 2018). “I.C. § 31-34-1-3. [13] And the last of the above-mentioned sections, which we have previously referred to as the “Presumption Statute,” see In re D.”
— Ind. Code § 31-34-1-3(b)(1) — 1 case
In re the Matter of M.C. (Minor Child), J.C. (Father) v. Indiana Dep't of Child Servs. (mem. dec.) (Ind. Ct. App. 2018). “I.C. § 31-34-1-3. [13] And the last of the above-mentioned sections, which we have previously referred to as the “Presumption Statute,” see In re D.”
— Ind. Code § 31-34-1-3(b)(2) — 1 case
Slater v. Marion Cnty. Dep't of Child Servs., 865 N.E.2d 1043 (Ind. Ct. App. 2007). “Indiana Code Section 31-34-1-3(b)(2) contains no terms dictating the timing of the CHINS determinations of the sex offense victim and the victim’s sibling.”
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