CHAPTER 5. DETENTION HEARING
IC 31-34-5
Chapter 5. Detention Hearing
IC 31-34-5-1
Time for hearing; notice; petition alleging a child is a child in needof services
Sec. 1. (a) If a child taken into custody under IC 31-34-2 is notreleased, a detention hearing shall be held not later than forty-eight(48) hours, excluding Saturdays, Sundays, and any day on which alegal holiday is observed for state employees as provided underIC 1-1-9, after the child is taken into custody. If the detention hearingis not held, the child shall be released. Notice of the time, place, andpurpose of the detention hearing shall be given to the following:
(1) The child.
(2) The child's parent, guardian, or custodian if the person canbe located.
(3) Each foster parent or other caretaker with whom the childhas been placed for temporary care under IC 31-34-4.
(b) The court shall:
(1) provide a person who is required to be notified undersubsection (a)(2) or (a)(3) an opportunity to be heard; and
(2) allow a person described in subdivision (1) to makerecommendations to the court;
at the detention hearing.
(c) A petition alleging that a child described in subsection (a) isa child in need of services shall be filed before a detention hearingis held for the child.
As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.6;P.L.138-2007, SEC.68; P.L.131-2009, SEC.60.
IC 31-34-5-1.5
Hearing after emergency medical services provider takes custodyof a child; notification; petition alleging a child is a child in need ofservices
Sec. 1.5. (a) This section applies to a child taken into custodyunder IC 31-34-2.5.
(b) The juvenile court shall hold a detention hearing after anemergency medical services provider takes custody of a child underIC 31-34-2.5. The court shall hold the detention hearing not laterthan forty-eight (48) hours after the emergency medical servicesprovider takes the child into custody, excluding Saturdays, Sundays,and any day on which a legal holiday is observed for state employeesas provided under IC 1-1-9. A petition alleging that a child describedin subsection (a) is a child in need of services shall be filed beforethe detention hearing is held for the child.
(c) The department may notify the emergency medical servicesprovider that has taken emergency custody of a child underIC 31-34-2.5 of the detention hearing. The emergency medicalservices provider may be heard at the detention hearing.
(d) The department shall notify each foster parent or other
caretaker with whom the child has been temporarily placed underIC 31-34-2.5 of the detention hearing. The court shall:
(1) provide a person who is required to be notified under thissubsection an opportunity to be heard; and
(2) allow a person described in subdivision (1) to makerecommendations to the court;
at the detention hearing.
As added by P.L.217-2001, SEC.7. Amended by P.L.145-2006,SEC.292; P.L.138-2007, SEC.69; P.L.131-2009, SEC.61.
IC 31-34-5-2
Findings
Sec. 2. If a child has been removed from the child's parent,guardian, or custodian under IC 31-34-2-3 or IC 31-34-2-4, then, inaccordance with federal law, at the detention hearing the court shallmake written findings and conclusions that state the following:
(1) Whether removal of the child authorized by IC 31-34-2-3 orIC 31-34-2-4 was necessary to protect the child.
(2) A description of the family services available beforeremoval of the child.
(3) Efforts made to provide family services before removal ofthe child.
(4) Why the efforts made to provide family services did notprevent removal of the child.
(5) Whether the efforts made to prevent removal of the childwere reasonable.
As added by P.L.1-1997, SEC.17.
IC 31-34-5-3
Release; findings required for detention order; approval ofservices, programs, and placement; court order; appeal; paymentof costs
Sec. 3. (a) The juvenile court shall release the child to the child'sparent, guardian, or custodian. However, the court may order thechild detained if the court makes written findings of fact upon therecord of probable cause to believe that the child is a child in need ofservices 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;
(4) the parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child; or
(5) consideration for the safety of the child precludes the use offamily services to prevent removal of the child.
(b) The juvenile court shall include in any order approving orrequiring detention of a child all findings and conclusions requiredunder: (1) applicable provisions of Title IV-E of the federal SocialSecurity Act (42 U.S.C. 670 et seq.); or
(2) any applicable federal regulation, including 45 CFR1356.21;
as a condition of eligibility of a child in need of services forassistance under Title IV-E or any other federal law.
(c) Inclusion in a juvenile court order of language approved andrecommended by the judicial conference of Indiana, in relation to:
(1) removal from the child's home; or
(2) detention;
of a child who is alleged to be, or adjudicated as, a child in need ofservices constitutes compliance with subsection (b).
As added by P.L.1-1997, SEC.17. Amended by P.L.146-2008,SEC.580.
IC 31-34-5-3.5
Release of a child; conditions
Sec. 3.5. If the juvenile court releases a child to the child's parent,guardian, or custodian under section 3 of this chapter, the court mayimpose conditions on the child or the child's parent, guardian, orcustodian to ensure the safety of the child's physical or mental health.
As added by P.L.146-2006, SEC.45.
IC 31-34-5-4
Order to appear for additional detention hearing
Sec. 4. Upon the juvenile court's own motion or upon the motionof the person representing the interests of the state, the parent,guardian, or custodian of a child who has been released may beordered to appear with the child for an additional detention hearing.
As added by P.L.1-1997, SEC.17.
IC 31-34-5-5
Petition for additional detention hearings
Sec. 5. A child detained under section 3 or 4 of this chapter or thechild's parent, guardian, or custodian may petition the juvenile courtfor additional detention hearings.
As added by P.L.1-1997, SEC.17.