CHAPTER 4. TAKING A CHILD INTO CUSTODY

IC 31-37-4
    Chapter 4. Taking a Child Into Custody

IC 31-37-4-1
Taking custody under court order
    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.20.

IC 31-37-4-2
Taking custody without court order
    Sec. 2. A child may be taken into custody by a law enforcementofficer acting with probable cause to believe that the child hascommitted a delinquent act.
As added by P.L.1-1997, SEC.20.

IC 31-37-4-3
Law enforcement notification to schools of student arrests
    Sec. 3. (a) This section applies if a child is arrested or taken intocustody for allegedly committing an act that would be any of thefollowing crimes if committed by an adult:
        (1) Murder (IC 35-42-1-1).
        (2) Attempted murder (IC 35-41-5-1).
        (3) Voluntary manslaughter (IC 35-42-1-3).
        (4) Involuntary manslaughter (IC 35-42-1-4).
        (5) Reckless homicide (IC 35-42-1-5).
        (6) Aggravated battery (IC 35-42-2-1.5).
        (7) Battery (IC 35-42-2-1).
        (8) Kidnapping (IC 35-42-3-2).
        (9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8.
        (10) Sexual misconduct with a minor (IC 35-42-4-9).
        (11) Incest (IC 35-46-1-3).
        (12) Robbery as a Class A felony or a Class B felony (IC35-42-5-1).
        (13) Burglary as a Class A felony or a Class B felony (IC35-43-2-1).
        (14) Carjacking (IC 35-42-5-2).
        (15) Assisting a criminal as a Class C felony (IC 35-44-3-2).
        (16) Escape (IC 35-44-3-5) as a Class B felony or Class Cfelony.
        (17) Trafficking with an inmate as a Class C felony (IC35-44-3-9).
        (18) Causing death when operating a motor vehicle (IC9-30-5-5).
        (19) Criminal confinement (IC 35-42-3-3) as a Class B felony.
        (20) Arson (IC 35-43-1-1) as a Class A or Class B felony.
        (21) Possession, use, or manufacture of a weapon of massdestruction (IC 35-47-12-1).
        (22) Terroristic mischief (IC 35-47-12-3) as a Class B felony.
        (23) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).        (24) A violation of IC 35-47.5 (controlled explosives) as a ClassA or Class B felony.
        (25) A controlled substances offense under IC 35-48.
        (26) A criminal gang offense under IC 35-45-9.
    (b) If a child is taken into custody under this chapter for a crimeor act listed in subsection (a), the law enforcement agency thatemploys the law enforcement officer who takes the child into custodyshall notify the chief administrative officer of the primary orsecondary school, including a public or nonpublic school, in whichthe child is enrolled or, if the child is enrolled in a public school, thesuperintendent of the school district in which the child is enrolled:
        (1) that the child was taken into custody; and
        (2) of the reason why the child was taken into custody.
    (c) The notification under subsection (b) must occur withinforty-eight (48) hours after the child is taken into custody.
    (d) A law enforcement agency may not disclose information thatis confidential under state or federal law to a school or school districtunder this section.
As added by P.L.67-2007, SEC.2. Amended by P.L.3-2008, SEC.240.

IC 31-37-4-4
Access for inspections and monitoring of facilities that house orhold juveniles
    Sec. 4. Any facility that is used or has been used to house or holdjuveniles shall give a representative or designee of the Indianacriminal justice institute's compliance monitoring programreasonable access to inspect and monitor the facility to ensure thatthe requirements of the Juvenile Justice and Delinquency PreventionAct are maintained.
As added by P.L.67-2008, SEC.4.