IC 31-31-8
    Chapter 8. Juvenile Detention and Shelter Care Facilities

IC 31-31-8-1
Inapplicability of chapter to shelter care facilities operated byother governmental entities
    Sec. 1. This chapter does not apply to a shelter care facilityoperated by a governmental entity other than a juvenile court.
As added by P.L.1-1997, SEC.14.

IC 31-31-8-2
Juvenile detention facility; criteria
    Sec. 2. A juvenile detention facility is a secure facility that:
        (1) is only used for the lawful custody and treatment ofjuveniles and meets state standards and licensing requirementsas provided in department of correction rule 210 IAC 6; or
        (2) is located on the same grounds or in the same building as anadult jail or lockup and meets the following four (4) criteria:
            (A) Total separation between juvenile and adult facilityspatial areas so that there could be no haphazard oraccidental contact among juvenile and adult residents in therespective facilities. If space is used for both juveniles andadults, time-phasing of the use is acceptable if thearrangement precludes haphazard or accidental contactamong juvenile and adult residents at all times. Sleeping orother living areas may not be shared under anycircumstances.
            (B) Total separation in all juvenile and adult programactivities within the facilities, including recreation,education, counseling, health care, dining, sleeping, andgeneral living activities. Program activities may not beshared by juvenile and adult residents. However, programspace, equipment, and other resources may be used by bothjuvenile and adult residents subject to clause (A).
            (C) The administration and security functions of the juveniledetention program must be vested in separate staff who, ifthe staff serve both populations, are trained to serve ajuvenile population. Security and other direct care staff maynot be used to serve the adult jail at the same time or duringthe same tour of duty that security and other direct care staffserve in the juvenile detention facility. Specialized servicesstaff, such as cooks, bookkeepers, and medical professionalswho are not normally in contact with detainees or whoseinfrequent contact occurs under conditions of separation ofjuveniles and adults, can serve both juvenile and adultresidents.
            (D) The facility meets state standards and licensingrequirements as provided in department of correction rule210 IAC 6. The architectural and operational configurationof the juvenile facility must assure total separation.As added by P.L.1-1997, SEC.14.

IC 31-31-8-3
Provision of juvenile detention and shelter care facilities; staff;budget; expenses
    Sec. 3. (a) The juvenile court may establish juvenile detention andshelter care facilities for children, except as provided by IC 31-31-9.
    (b) The court may contract with other agencies to provide juveniledetention and shelter care facilities.
    (c) If the juvenile court operates the juvenile detention and sheltercare facilities, the judge shall appoint staff and determine thebudgets.
    (d) The county shall pay all expenses. The expenses for thejuvenile detention facility shall be paid from the county general fund.
As added by P.L.1-1997, SEC.14. Amended by P.L.273-1999,SEC.96; P.L.146-2008, SEC.572.

IC 31-31-8-4
Operation and budget of juvenile detention or juvenile shelter carefacility in certain counties
    Sec. 4. (a) This section applies to a county having a population ofmore than one hundred ten thousand (110,000) but less than onehundred fifteen thousand (115,000).
    (b) Notwithstanding section 3 of this chapter, the juvenile courtshall operate a juvenile detention facility or juvenile shelter carefacility established in the county. However, the county legislativebody shall determine the budget for the juvenile detention facility orjuvenile shelter care facility. The expenses for the juvenile detentionfacility shall be paid from the county general fund.
As added by P.L.1-1997, SEC.14. Amended by P.L.273-1999,SEC.97; P.L.170-2002, SEC.130; P.L.146-2008, SEC.573.

IC 31-31-8-5
Rules
    Sec. 5. (a) Juvenile detention facilities shall be operated inaccordance with rules adopted by the department of correction.
    (b) Shelter care facilities shall be operated in accordance withrules adopted by the department of child services under IC 31-27.
As added by P.L.1-1997, SEC.14. Amended by P.L.145-2006,SEC.276.

IC 31-31-8-6
Advisory committee
    Sec. 6. The judge may appoint an advisory committee to reviewthe operations of each facility, except as provided by IC 31-31-9.
As added by P.L.1-1997, SEC.14.