Sec. 133. (a) "Victim of child abuse or neglect", for
purposes of IC 31-32-11-1 and IC 31-33, refers to:
(1) a child as described in:
(A) IC 31-34-1-1 through IC 31-34-1-5;
(B) IC 31-34-1-10; or
(C) IC 31-34-1-11;
regardless of whether the child needs care, treatment,
rehabilitation, or the coercive intervention of a court; or
(2) an individual who:
(A) is at least eighteen (18) years of age but less than
twenty-one (21) years of age;
(B) resides, or has previously resided, at a residential facility
licensed by the department; and
(C) is harmed or threatened with harm as a result of:
(i) a battery offense included in IC 35-42-2; or
(ii) sexual activity (as defined in IC 35-42-4-13(b));
committed by a member of the staff at the residential facility.
(b) The term does not include a child who is alleged to be a victim
of a sexual offense under IC 35-42-4-3 unless the alleged offense under
IC 35-42-4-3 involves the fondling or touching of the buttocks,
genitals, or female breasts.
[Pre-1997 Recodification Citation: 31-6-11-2.1(9).]
As added by P.L.1-1997, SEC.1. Amended by P.L.48-2012,
SEC.22; P.L.183-2017, SEC.7; P.L.86-2018, SEC.216; P.L.109-2024,
SEC.6.
Notes of Decisions
Christopher Smith v. State of Indiana, 8 N.E.3d 668 (Ind. 2014).
· cites it 8× “” Ind. Code § 31-9-2-133 (a) (2008). 5 That range of statutory provisions—“IC 31-34-1-1 through 31-34-1-5”—establishes the fixed set of circumstances under which a child might be found to be a child in need of services, or CHINS.”
Edward Gilliland v. State of Indiana, 979 N.E.2d 1049 (Ind. Ct. App. 2012).
· cites it 4× “Indiana Code Section 31-9-2-133 provides in pertinent part, (a) “Victim of child abuse or neglect”, for purposes of … IC 31-33, refers to a child as described in: (1) IC 31-34-1-1 through IC 31-34-1-5; (2) IC 31-34-1-10; or (3) IC 31-34-1-11; regardless of whether the child…”
Planned Parenthood of Indiana v. Carter, 854 N.E.2d 853 (Ind. Ct. App. 2006).
· cites it 2× “Indiana Code Section 31-9-2-133 defines "victim of child abuse or neglect" as follows: (a) "Victim of child abuse or neglect", for purposes of .”
Christopher Smith v. State of Indiana, 982 N.E.2d 348 (Ind. Ct. App. 2013).
· cites it 2× “Code § 31-33-5-3 provides that “[t]his chapter does not relieve an individual of the obligation to report on the individual’s own behalf, unless a report has already been made to the best of 14 On November 9, 2010, Ind. Code § 31-9-2-133 (a) provided in part: “‘Victim of child…”
J R v. Indiana Dep't of Child Servs. (Ind. Ct. App. 2024).
· cites it 2× “Code § 31-9-2 - 14(a) 6; see Ind. Code § 31-9-2-133 (similarly defining “[v]ictim of child abuse or neglect” for the purposes of DCS report assessments); In re A.”
CHINS: J S v. Indiana Dep't of Child Servs. (Ind. 2025).
· cites it 2× “Because a child described in CHINS 10 is deemed to be a victim of child abuse or neglect, I.C. § 31-9-2-133(a)(1)(B), the perpetrator of such conduct will often be the child’s birthmother.”
Ind. Code § 31-9-2-133(a): 1 case
Christopher Smith v. State of Indiana, 8 N.E.3d 668 (Ind. 2014).
“” Ind. Code § 31-9-2-133 (a) (2008). 5 That range of statutory provisions—“IC 31-34-1-1 through 31-34-1-5”—establishes the fixed set of circumstances under which a child might be found to be a child in need of services, or CHINS.”
Ind. Code § 31-9-2-133(a)(1)(B): 1 case
CHINS: J S v. Indiana Dep't of Child Servs. (Ind. 2025).
“Because a child described in CHINS 10 is deemed to be a victim of child abuse or neglect, I.C. § 31-9-2-133(a)(1)(B), the perpetrator of such conduct will often be the child’s birthmother.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.