CHAPTER 5. CHILD TAKEN INTO CUSTODY
IC 31-37-5
Chapter 5. Child Taken Into Custody
IC 31-37-5-1
Application of chapter
Sec. 1. This chapter applies only to a child alleged to be adelinquent child.
As added by P.L.1-1997, SEC.20.
IC 31-37-5-2
Taking child to designated place pending detention hearing
Sec. 2. 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.20.
IC 31-37-5-3
Release or detention of child taken into custody without courtorder
Sec. 3. (a) If a child is not taken into custody under an order of thecourt, the law enforcement officer may release the child or mayrelease the child to the child's parent, guardian, or custodian upon theperson's written promise to bring the child before the juvenile courtat a time specified. Subject to subsection (c), the law enforcementofficer may place the child in detention if the law enforcementofficer reasonably believes that:
(1) the child is unlikely to appear before the juvenile court forsubsequent proceedings;
(2) the child has committed an act that would be murder or aClass A or Class B felony if committed by an adult;
(3) detention is essential to protect the child or the community;
(4) the parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child; or
(5) the child has a reasonable basis for requesting that the childnot be released.
(b) If a child is detained for a reason specified in subsection (a)(4)or (a)(5), the child shall be detained under IC 31-37-7-1.
(c) Unless a law enforcement officer determines that detention isessential to protect a child or the community, the law enforcementofficer who detains a child for a violation of the curfew law underIC 31-37-3 shall make a good faith effort to release the child to thechild's parent, guardian, or custodian within a reasonable time afterthe child is detained.
As added by P.L.1-1997, SEC.20. Amended by P.L.79-2001, SEC.3.
IC 31-37-5-4
Detention at designated place; notice
Sec. 4. If the child is not released, the child shall be delivered toa place designated by the court. The law enforcement officer shall
immediately notify the child's parent, guardian, or custodian and anintake officer of the following:
(1) Where the child is being held.
(2) The reasons for the child's detention.
As added by P.L.1-1997, SEC.20.
IC 31-37-5-5
Investigation, release, or detention by intake officer of child takeninto custody without court order
Sec. 5. (a) If the child was not taken into custody under an orderof the court, an 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 adelinquent child and that:
(1) the child is unlikely to appear before the juvenile court forsubsequent proceedings;
(2) the child has committed an act that would be murder or aClass A or Class B felony if committed by an adult;
(3) detention is essential to protect the child or the community;
(4) the parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child; or
(5) the child has a reasonable basis for requesting that the childnot be released.
(b) If a child is detained for a reason specified in subsection (a)(4)or (a)(5), the child shall be detained under IC 31-37-7-1.
As added by P.L.1-1997, SEC.20.
IC 31-37-5-6
Detention hearing
Sec. 6. If a child taken into custody is not released, a detentionhearing must be held in accordance with IC 31-37-6-2.
As added by P.L.1-1997, SEC.20.
IC 31-37-5-7
Suspension of child's driving privileges; reinstatement;probationary privileges; removal from record
Sec. 7. (a) If a child is alleged to have committed an act thatwould be an offense under IC 9-30-5 if committed by an adult, ajuvenile court shall recommend the immediate suspension of thechild's driving privileges as provided in IC 9-30-5. If a courtrecommends suspension of a child's driving privileges under thissection, the bureau of motor vehicles shall comply with therecommendation of suspension as provided in IC 9-30-6-12.
(b) If a court recommends suspension of a child's drivingprivileges under this section, the court may order the bureau of motorvehicles to reinstate the child's driving privileges as provided in
IC 9-30-6-11.
(c) If a juvenile court orders the bureau of motor vehicles toreinstate a child's driving privileges under subsection (b), the bureaushall comply with the order. Unless the order for reinstatement isissued as provided under IC 9-30-6-11(a)(2) because of a violationof the speedy trial provisions applicable to the juvenile court, thebureau shall also do the following:
(1) Remove any record of the suspension from the bureau'srecord keeping system.
(2) Reinstate the privileges without cost to the person.
(d) If a juvenile court orders a suspension under this section andthe child did not refuse to submit to a chemical test offered underIC 9-30-6-2 during the investigation of the delinquent act that wouldhave been an offense under IC 9-30-5 if committed by an adult, thejuvenile court may grant the child probationary driving privileges forone hundred eighty (180) days in conformity with the procedures inIC 9-30-5-12. The standards and procedures in IC 9-30-5-11 andIC 9-30-5-13 apply to an action under this subsection.
(e) If a proceeding described in this section is terminated in favorof the child and the child did not refuse to submit to a chemical testoffered as provided under IC 9-30-6-2 during the investigation of thedelinquent act that would be an offense under IC 9-30-5 if committedby an adult, the bureau shall remove any record of the suspension,including the reasons for the suspension, from the child's officialdriving record.
(f) The bureau of motor vehicles may adopt rules under IC 4-22-2to carry out this section.
As added by P.L.32-2000, SEC.20.
IC 31-37-5-8
Juvenile court submission of proposed service, program, orplacement to department; approval or disapproval by department;emergencies; entry of order by juvenile court; appeal bydepartment; expenses
Sec. 8. (a) This section applies to services and programs providedto or on behalf of a child alleged to be a delinquent child at any timebefore:
(1) entry of a dispositional decree under IC 31-37-19; or
(2) approval of a program of informal adjustment underIC 31-37-9.
(b) Except as provided in subsection (c), before a juvenile courtorders or approves a service, a program, or an out-of-home placementfor a child:
(1) that is recommended by a probation officer or proposed bythe juvenile court;
(2) for which the costs would be payable by the departmentunder IC 31-40-1-2; and
(3) that has not been approved by the department;
the juvenile court shall submit the proposed service, program, orplacement to the department for consideration. The department shall,
not later than three (3) business days after receipt of therecommendation or proposal, submit to the court a report statingwhether the department approves or disapproves the proposedservice, program, or placement.
(c) If the juvenile court makes written findings and concludes thatan emergency exists requiring an immediate out-of-home placementto protect the health and welfare of the child, the juvenile court mayorder or authorize implementation of the placement without firstcomplying with the procedure specified in this section. After entryof an order under this subsection, the juvenile court shall submit acopy of the order to the department for consideration under thissection of possible modification or alternatives to the placement andany related services or programs included in the order.
(d) If the department approves the service, program, or placementrecommended by the probation officer or juvenile court, the juvenilecourt may enter an appropriate order to implement the approvedproposal. If the department does not approve a service, program, orplacement recommended by the probation officer or proposed by thejuvenile court, the department may recommend an alternativeservice, program, or placement for the child.
(e) 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.
(f) If the juvenile court does not accept the recommendations ofthe department in the report submitted under subsection (b), thecourt:
(1) may enter an order that:
(A) requires the department to provide a specified service,program, or placement, until entry of a dispositional decreeor until the order is otherwise modified or terminated; and
(B) specifically states the reasons why the juvenile court isnot accepting the recommendations of the department,including the juvenile court's findings under subsection (e);and
(2) must incorporate all documents referenced in the reportsubmitted to the probation officer or to the court by thedepartment into the order so that the documents are part of therecord for any appeal the department may pursue undersubsection (g).
(g) If the juvenile court enters its findings and order undersubsections (e) and (f), the department may appeal the juvenilecourt's order under any available procedure provided by the IndianaRules of Trial Procedure or the Indiana Rules of Appellate Procedureto allow any disputes arising under this section to be decided in anexpeditious manner.
(h) If the department prevails on an appeal initiated under
subsection (g), the department shall pay the following costs andexpenses incurred by or on behalf of the child before the date of thefinal decision:
(1) Any programs or services implemented during the appeal,other than the cost of an out-of-home placement ordered by thejuvenile court.
(2) Any out-of-home placement ordered by the juvenile courtand implemented after entry of the court order of placement, ifthe court has made written findings that the placement is anemergency required to protect the health and welfare of thechild.
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.623. Amended by P.L.131-2009,SEC.67.