IC 31-34-2
    Chapter 2. Taking a Child in Need of Services Into Custody

IC 31-34-2-1
Court order to take child into custody
    Sec. 1. A child may be taken into custody by a law enforcementofficer under an order of the court.
As added by P.L.1-1997, SEC.17.

IC 31-34-2-2
Taking alleged perpetrator into custody; protective order
    Sec. 2. (a) A law enforcement officer may take a person intocustody if the law enforcement officer has probable cause to believethat the person is the alleged perpetrator of an act against a child whothe law enforcement officer believes to be a child in need of servicesas a result of the alleged perpetrator's act. The law enforcementofficer may take the alleged perpetrator into custody under thissection only for the purpose of removing the alleged perpetrator fromthe residence where the child believed to be in need of servicesresides.
    (b) The law enforcement officer shall immediately contact theattorney for the county department or another authorized person forthe purpose of initiating a protective order under IC 31-34-25 thatwill require the alleged perpetrator to refrain from having direct orindirect contact with the child.
As added by P.L.1-1997, SEC.17. Amended by P.L.1-2003, SEC.77.

IC 31-34-2-3
Taking child into custody without court order; documentation
    Sec. 3. (a) If a law enforcement officer's action under section 2 ofthis chapter will not adequately protect the safety of the child, thechild may be taken into custody by a law enforcement officer,probation officer, or caseworker acting with probable cause tobelieve the child is a child in need of services if:
        (1) it appears that the child's physical or mental condition willbe seriously impaired or seriously endangered if the child is notimmediately taken into custody;
        (2) there is not a reasonable opportunity to obtain an order ofthe court; and
        (3) consideration for the safety of the child precludes theimmediate use of family services to prevent removal of thechild.
    (b) A probation officer or caseworker may take a child intocustody only if the circumstances make it impracticable to obtainassistance from a law enforcement officer.
    (c) If a person takes a child into custody under this section, theperson shall make written documentation not more than twenty-four(24) hours after the child is taken into custody as provided in section6 of this chapter.
As added by P.L.1-1997, SEC.17.
IC 31-34-2-4
Missing child taken into custody without court order
    Sec. 4. A child may be taken into custody by:
        (1) a law enforcement officer;
        (2) a probation officer; or
        (3) a caseworker;
acting with probable cause to believe the child is a child in need ofservices because the child is a missing child (as defined inIC 10-13-5-4).
As added by P.L.1-1997, SEC.17. Amended by P.L.2-2003, SEC.74.

IC 31-34-2-5
Missing child taken into custody under court order
    Sec. 5. If a child in need of services is a missing child and is takeninto custody under a court order, the person taking the child intocustody shall do the following:
        (1) Take the child to a place designated in the order.
        (2) Give notice to the following that the child has been takeninto custody:
            (A) The child's legal custodian.
            (B) The clearinghouse for information on missing childrenand missing endangered adults established by IC 10-13-5.
As added by P.L.1-1997, SEC.17. Amended by P.L.2-2003, SEC.75;P.L.43-2009, SEC.19.

IC 31-34-2-6
Documentation by person taking child into custody without courtorder; forms
    Sec. 6. (a) A person taking a child into custody under section 3 ofthis chapter shall make written documentation evidencing thefollowing:
        (1) The facts establishing probable cause to believe that thechild is a child in need of services.
        (2) Why the child's physical or mental condition will beseriously impaired or seriously endangered if the child is notimmediately taken into custody.
        (3) Why the person is unable to obtain a court order and whatsteps have been taken to obtain a court order.
        (4) Why the department of child services is unable to protect thesafety of the child without taking the child into custody.
        (5) Why the person is unable to obtain the assistance of a lawenforcement officer if the child is taken into custody by aprobation officer or caseworker without the assistance of a lawenforcement officer.
    (b) The department of child services shall create forms to be usedfor documentation under this section.
    (c) The person taking the child into custody shall immediatelyforward a copy of the documentation to the department of childservices to be included in the report required by IC 31-33-7-4.
As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005,

SEC.168.