CHAPTER 3. CHILD TAKEN INTO CUSTODY
IC 31-34-3
Chapter 3. Child Taken Into Custody
IC 31-34-3-1
Procedures for notice to custodial parent, guardian, or custodian
Sec. 1. If a child is taken into custody under IC 31-34-2, thedepartment of child services shall notify the child's custodial parent,guardian, or custodian not more than two (2) hours after the child hasbeen taken into custody that the child has been taken into custody asthe result of alleged child abuse or neglect.
As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005,SEC.172.
IC 31-34-3-2
Procedures for notice; custodial parent, guardian, or custodianwho cannot be located
Sec. 2. Subject to section 3 of this chapter, if after making areasonable effort the child's custodial parent, guardian, or custodiancannot be located, the department of child services shall make a goodfaith effort, not more than six (6) hours after the child has been takeninto custody, to leave written notice at the last known address of thechild's custodial parent, guardian, or custodian that the child has beentaken into custody.
As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005,SEC.173.
IC 31-34-3-3
Procedures for notice; custodial parent, guardian, or custodianbelieved to reside outside Indiana
Sec. 3. If the custodial parent, guardian, or custodian is believedto reside outside Indiana, the department of child services shall sendwritten notice by certified mail to the last known address of thenoncustodial parent, guardian, or custodian on the same date that thechild is taken into custody. However, if the child is not taken intocustody on a business day, the department of child services shallsend notice by certified mail on the next business day after the childis taken into custody.
As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005,SEC.174.
IC 31-34-3-4
Notice of contact person for more information; notice to eachparent
Sec. 4. The notice required by this chapter must:
(1) identify a person or an entity that the parent, guardian, orcustodian may contact to obtain more information regarding thechild's removal from the child's residence; and
(2) be given to each of the child's parents as described insections 1 through 3 of this chapter.
As added by P.L.1-1997, SEC.17.
IC 31-34-3-4.5
Procedures for notices to adult relatives and siblings
Sec. 4.5. (a) If a child is removed from the child's parents underthis chapter, within thirty (30) days after the removal of the childfrom the parents the department shall exercise due diligence toidentify and provide notice of the removal to:
(1) all adult relatives (as defined in IC 31-9-2-107) of the child,including relatives suggested by either parent as required under42 U.S.C. 671(a)(29); and
(2) all the child's siblings who are at least eighteen (18) years ofage.
(b) The department may not provide notice to a person undersubsection (a) if the department knows or suspects that the personhas caused family or domestic violence.
(c) A notice under subsection (a) must:
(1) state that the child has been removed from the parents by thedepartment;
(2) set forth the options the relative may have under federal,state, or local laws, including the care and placement of thechild and other options that may be lost if the relative fails torespond to the notice;
(3) describe the requirements for the relative to become a fosterparent; and
(4) describe additional services available to the child placed infoster care.
As added by P.L.131-2009, SEC.59.
IC 31-34-3-5
Immediate needs of child as first priority of department of childservices
Sec. 5. The department of child services must have as thedepartment's first priority the immediate needs of the child formedical care, shelter, food, or other crisis services.
As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005,SEC.175.