CHAPTER 4. TEMPORARY PLACEMENT OF CHILD TAKEN INTO CUSTODY
IC 31-34-4
Chapter 4. Temporary Placement of Child Taken Into Custody
IC 31-34-4-1
Application of chapter
Sec. 1. This chapter applies only to a child alleged to be a child inneed of services.
As added by P.L.1-1997, SEC.17.
IC 31-34-4-2
Placement of child with relative caretaker, de facto custodian, orstepparent; criminal history check required; exceptions
Sec. 2. (a) If a child alleged to be a child in need of services istaken into custody under an order of the court under this chapter andthe court orders out-of-home placement, the department isresponsible for that placement and care and must consider placingthe child with a:
(1) suitable and willing blood or an adoptive relative caretaker,including a grandparent, an aunt, an uncle, or an adult sibling;
(2) de facto custodian; or
(3) stepparent;
before considering any other out-of-home placement.
(b) Before the department places a child in need of services witha blood relative or an adoptive relative caretaker, a de factocustodian, or a stepparent, the department shall complete anevaluation based on a home visit of the relative's home.
(c) Except as provided in subsection (e), before placing a child inneed of services in an out-of-home placement, including placementwith a blood or an adoptive relative caretaker, a de facto custodian,or a stepparent, the department shall conduct a criminal history checkof each person who is currently residing in the location designated asthe out-of-home placement.
(d) Except as provided in subsection (f), the department may notmake an out-of-home placement if a person described in subsection(c) has:
(1) committed an act resulting in a substantiated report of childabuse or neglect; or
(2) been convicted of a felony listed in IC 31-27-4-13 or had ajuvenile adjudication for an act that would be a felony listed inIC 31-27-4-13 if committed by an adult.
(e) The department is not required to conduct a criminal historycheck under subsection (c) if the department makes an out-of-homeplacement to an entity or a facility that is not a residence (as definedin IC 3-5-2-42.5) or that is licensed by the state.
(f) A court may order or the department may approve anout-of-home placement if:
(1) a person described in subsection (c) has:
(A) committed an act resulting in a substantiated report ofchild abuse or neglect; or
(B) been convicted or had a juvenile adjudication for: (i) reckless homicide (IC 35-42-1-5);
(ii) battery (IC 35-42-2-1) as a Class C or D felony;
(iii) criminal confinement (IC 35-42-3-3) as a Class C orD felony;
(iv) arson (IC 35-43-1-1) as a Class C or D felony;
(v) a felony involving a weapon under IC 35-47 orIC 35-47.5 as a Class C or D felony;
(vi) a felony relating to controlled substances underIC 35-48-4 as a Class C or D felony; or
(vii) a felony that is substantially equivalent to a felonylisted in items (i) through (vi) for which the convictionwas entered in another state; and
(2) the court makes a written finding that the person'scommission of the offense, delinquent act, or act of abuse orneglect described in subdivision (1) is not relevant to theperson's present ability to care for a child, and that theplacement is in the best interest of the child.
However, a court or the department may not make an out-of-homeplacement if the person has been convicted of a felony listed inIC 31-27-4-13 that is not specifically excluded under subdivision(1)(B), or has a juvenile adjudication for an act that would be afelony listed in IC 31-27-4-13 if committed by an adult that is notspecifically excluded under subdivision (1)(B).
(g) In making its written finding under subsection (f), the courtshall consider the following:
(1) The length of time since the person committed the offense,delinquent act, or abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse orneglect.
(3) Evidence of the person's rehabilitation, including theperson's cooperation with a treatment plan, if applicable.
As added by P.L.1-1997, SEC.17. Amended by P.L.70-2004, SEC.18;P.L.234-2005, SEC.176; P.L.145-2006, SEC.290; P.L.1-2007,SEC.206; P.L.52-2007, SEC.9; P.L.146-2008, SEC.578.
IC 31-34-4-3
Order to take child to designated place pending detention hearing
Sec. 3. If a child is taken into custody under an order of the court,the law enforcement officer shall take the child to a place designatedin the order to await a detention hearing.
As added by P.L.1-1997, SEC.17.
IC 31-34-4-4
Release, delivery, or detention of child taken into custody withoutcourt order
Sec. 4. If a child is taken into custody without an order of thecourt, the person taking the child into custody:
(1) may:
(A) release the child; or
(B) deliver the child to a place designated by the juvenile
court; and
(2) if the child is detained, shall promptly notify the child'sparent, guardian, or custodian and an intake officer:
(A) that the child is being held; and
(B) of the reasons for the child's detention.
As added by P.L.1-1997, SEC.17.
IC 31-34-4-5
Investigation, release, or detention by intake officer of child takeninto custody without court order
Sec. 5. If the child was not taken into custody under an order ofthe court, the intake officer shall investigate the reasons for thechild's detention. The intake officer shall release the child to thechild's parent, guardian, or custodian upon the person's writtenpromise to bring the child before the juvenile court at a timespecified. However, the intake officer may place the child indetention if the intake officer reasonably believes that the child is achild in need of services and that:
(1) detention is necessary to protect the child;
(2) the child is unlikely to appear before the juvenile court forsubsequent proceedings;
(3) the child has a reasonable basis for requesting that the childnot be released; or
(4) the parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child.
As added by P.L.1-1997, SEC.17.
IC 31-34-4-6
Duty to inform parent, custodian, or guardian of legal rights
Sec. 6. (a) The department shall submit written information to aparent, custodian, or guardian of a child who is alleged to be abusedor neglected regarding the following legal rights of the parent,custodian, or guardian:
(1) The right to have a detention hearing held by a court withinforty-eight (48) hours after the child's removal from the homeand to request return of the child at the hearing.
(2) The right to:
(A) be represented by an attorney;
(B) cross examine witnesses; and
(C) present evidence on the parent's, custodian's, orguardian's own behalf;
at each court proceeding on a petition alleging that the child isa child in need of services. The parent, guardian, or custodianhas the right to be represented by a court appointed attorneyunder clause (A) upon the request of the parent, guardian, orcustodian if the court finds that the parent, guardian, orcustodian does not have sufficient financial means for obtainingrepresentation as described in IC 34-10-1.
(3) The right not to make statements that incriminate the parent,
custodian, or guardian and that an incriminating statement maybe used during a court proceeding on a petition alleging that thechild is a child in need of services.
(4) The right to request to have the case reviewed by the childprotection team under IC 31-33-3-6.
(5) The right to be advised that after July 1, 1999, a petition toterminate the parent-child relationship must be filed whenevera child has been removed from the child's parent and has beenunder the supervision of the department for at least fifteen (15)months of the most recent twenty-two (22) months.
(b) The department shall submit the written information undersubsection (a) to the child's parent, guardian, or custodian at the time:
(1) the child is taken into custody; or
(2) the department files a petition alleging that the child is achild in need of services;
whichever occurs earlier.
As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.5;P.L.145-2006, SEC.291.
IC 31-34-4-7
Court submission of certain proposed services, programs, andout-of-home placement to department; approval or disapproval bydepartment; court orders; appeal by department; payment of costs
Sec. 7. (a) This section applies to services and programs providedto or on behalf of a child alleged to be a child in need of services atany time before:
(1) entry of a dispositional decree under IC 31-34-20; or
(2) approval of a program of informal adjustment underIC 31-34-8.
(b) Before a juvenile court orders or approves a service, aprogram, or an out-of-home placement for a child that has not beenrecommended by the department, the court shall submit the proposedservice, program, or placement to the department for consideration.The department shall, within three (3) business days after receipt ofthe court's proposal, submit to the court a report stating whether thedepartment approves or disapproves the proposed service, program,or placement.
(c) If the department approves the service, program, or placementrecommended by the juvenile court, the court may enter anappropriate order to implement the approved proposal. If thedepartment does not approve a service, program, or placementproposed by the juvenile court, the department may recommend analternative service, program, or placement for the child.
(d) The juvenile court shall accept the recommendations of thedepartment regarding any predispositional services, programs, orplacement for the child, unless the juvenile court finds arecommendation is:
(1) unreasonable, based on the facts and circumstances of thecase; or
(2) contrary to the welfare and best interests of the child. (e) If the juvenile court does not accept the recommendations ofthe department in the report submitted under subsection (b), the courtmay enter an order that:
(1) requires the department to provide a specified service,program, or placement until entry of a dispositional decree oruntil the order is otherwise modified or terminated; and
(2) specifically states the reasons why the juvenile court is notaccepting the recommendations of the department, including thecourt's findings under subsection (d).
(f) If the juvenile court enters its findings and order undersubsection (e), the department may appeal the juvenile court's orderunder any available procedure provided by the Indiana Rules of TrialProcedure or the Indiana Rules of Appellate Procedure to allow anydisputes arising under this section to be decided in an expeditiousmanner.
(g) If the department prevails on appeal, the department shall paythe following costs and expenses incurred by or on behalf of thechild before the date of the final decision:
(1) Any programs or services implemented during the appealinitiated under subsection (f), other than the cost of anout-of-home placement ordered by the juvenile court.
(2) Any out-of-home placement ordered by the juvenile courtand implemented after entry of the court order of placement, ifthe juvenile court order includes written findings that theplacement is an emergency required to protect the health andwelfare of the child.
If the court has not made written findings that the placement is anemergency, the county in which the juvenile court is located isresponsible for payment of all costs of the placement, including thecost of services and programs provided by the home or facility wherethe child was placed.
As added by P.L.146-2008, SEC.579.