Indiana Code

Ind. Code § 31-9-2-14 (2026)

"Child abuse or neglect"

✓ current as of May 2026

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Sec. 14. (a) "Child abuse or neglect", for purposes of IC 31-32-11-1, IC 31-33, IC 31-34-7-4, and IC 31-39-8-4, refers to:

(1) a child described in IC 31-34-1-1 through IC 31-34-1-5 and IC 31-34-1-8 through 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

(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) For purposes of subsection (a), the term under subsection (a) does not refer to 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, regardless of whether the child needs care, treatment, rehabilitation, or the coercive intervention of a court.

(c) "Child abuse or neglect", for purposes of IC 31-34-2.3 and IC 31-42, refers to acts or omissions by a person against a child as described in IC 31-34-1-1 through IC 31-34-1-11, regardless of whether the child needs care, treatment, rehabilitation, or the coercive intervention of a court.

(d) "Child abuse or neglect" does not include raising or referring to a child in a manner consistent with the child's biological sex.

[Pre-1997 Recodification Citation: 31-6-11-2.1(2).]

As added by P.L.1-1997, SEC.1. Amended by P.L.1-2006, SEC.496; P.L.52-2007, SEC.6; P.L.48-2012, SEC.11; P.L.46-2016, SEC.4; P.L.109-2024, SEC.3; P.L.101-2025, SEC.2; P.L.168-2025, SEC.3; P.L.186-2025, SEC.271.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2006–2025 · 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 14× “” Ind. Code § 31-9-2-14 (a) (2008). 8 Ind. Code § 31-34-1-3 (a) (2008).”

Planned Parenthood of Indiana v. Carter, 854 N.E.2d 853 (Ind. Ct. App. 2006). · cites it 2× “See also Ind.Code § 31-9-2-14 (defining "child abuse or neglect" with similar limitations).”

CHINS: J S v. Indiana Dep't of Child Servs. (Ind. 2025). · cites it 4× “” See Ind. Code §§ 31-9-2-14 (a)(1), 31-33-26-2, 31-33-26-11(a).”

Indiana Dep't of Child Servs. v. J.M. (mem. dec.) (Ind. Ct. App. 2020). · cites it 2× “See Ind. Code §§ 31-9-2-14 (b), 31-9-2-133 (b).”

J R v. Indiana Dep't of Child Servs. (Ind. Ct. App. 2024). · cites it 2× “[25] The issue in this case is not whether Mother’s conduct constitutes child neglect for the purposes of a CHINS adjudication, but rather whether it constitutes child neglect for the purposes of the Agency’s substantiation determination under Indiana Code Section 31-9-2-14(a).…”

— Ind. Code § 31-9-2-14(a) — 2 cases

Christopher Smith v. State of Indiana, 8 N.E.3d 668 (Ind. 2014). “” Ind. Code § 31-9-2-14 (a) (2008). 8 Ind. Code § 31-34-1-3 (a) (2008).”

J R v. Indiana Dep't of Child Servs. (Ind. Ct. App. 2024). “[25] The issue in this case is not whether Mother’s conduct constitutes child neglect for the purposes of a CHINS adjudication, but rather whether it constitutes child neglect for the purposes of the Agency’s substantiation determination under Indiana Code Section 31-9-2-14(a).…”

— Ind. Code § 31-9-2-14(a)(1) — 1 case

CHINS: J S v. Indiana Dep't of Child Servs. (Ind. 2025). “” See Ind. Code §§ 31-9-2-14 (a)(1), 31-33-26-2, 31-33-26-11(a).”

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