Exception for Mother's Good Faith Use of Legend Drug According to Prescription

1. Law
2. Indiana Code
3. Family Law and Juvenile Law
4. Juvenile Law: Children in Need of Services
5. Circumstances Under Which a Child Is a Child in Need of Services
6. Exception for Mother's Good Faith Use of Legend Drug According to Prescription

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) 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.

[Pre-1997 Recodification Citation: 31-6-4-3.1(b).]

As added by P.L.1-1997, SEC.17.

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