CHAPTER 6. DETENTION HEARING
IC 31-37-6
Chapter 6. Detention Hearing
IC 31-37-6-1
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 31-37-6-2
Time for hearing
Sec. 2. If a child is not released, a detention hearing shall be heldnot later than forty-eight (48) hours, excluding Saturdays, Sundays,and legal holidays, after the child is taken into custody.
As added by P.L.1-1997, SEC.20.
IC 31-37-6-3
Notice; court duties
Sec. 3. (a) Notice of the time, place, and purpose of a detentionhearing shall be given to:
(1) the child;
(2) the child's parent, guardian, or custodian if the person can belocated; and
(3) each foster parent or other caretaker with whom the childhas been placed for temporary care under IC 31-37-5.
(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.
As added by P.L.1-1997, SEC.20. Amended by P.L.138-2007,SEC.81.
IC 31-37-6-4
Release if detention hearing not timely held
Sec. 4. If a detention hearing is not held before the time specifiedby section 2 of this chapter, the child shall be released.
As added by P.L.1-1997, SEC.20.
IC 31-37-6-5
Notice of legal rights; appointment of counsel
Sec. 5. The juvenile court:
(1) shall inform the child and the child's parent, guardian, orcustodian of the child's right to counsel and to refrain fromtestifying against himself or herself; and
(2) may appoint counsel under IC 31-32-4.
As added by P.L.1-1997, SEC.20.
IC 31-37-6-6 Release; conditions; findings required for detention order
Sec. 6. (a) The juvenile court shall release the child on the child'sown recognizance or to the child's parent, guardian, or custodianupon the person's written promise to bring the child before the courtat a time specified. However, the court may order the child detainedif the court finds probable cause to believe the child is a delinquentchild and that:
(1) the child is unlikely to appear for subsequent proceedings;
(2) detention is essential to protect the child or the community;
(3) the parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child;
(4) return of the child to the child's home is or would be:
(A) contrary to the best interests and welfare of the child;and
(B) harmful to the safety or health of the child; or
(5) the child has a reasonable basis for requesting that the childnot be released.
However, the findings under this subsection are not required if thechild is ordered to be detained in the home of the child's parent,guardian, or custodian or is released subject to any condition listedin subsection (d).
(b) If a child is detained for a reason specified in subsection(a)(3), (a)(4), or (a)(5), the child shall be detained underIC 31-37-7-1.
(c) If a child is detained for a reason specified in subsection(a)(4), the court shall make written findings and conclusions thatinclude the following:
(1) The factual basis for the finding specified in subsection(a)(4).
(2) A description of the family services available and effortsmade to provide family services before removal of the child.
(3) The reasons why efforts made to provide family services didnot prevent removal of the child.
(4) Whether efforts made to prevent removal of the child werereasonable.
(d) Whenever the court releases a child under this section, thecourt may impose conditions upon the child, including:
(1) home detention;
(2) electronic monitoring;
(3) a curfew restriction;
(4) a protective order;
(5) a no contact order;
(6) an order to comply with Indiana law; or
(7) an order placing any other reasonable conditions on thechild's actions or behavior.
(e) If the juvenile court releases a child to the child's parent,guardian, or custodian under this section, the court may imposeconditions on the child's parent, guardian, or custodian to ensure:
(1) the safety of the child's physical or mental health; (2) the public's physical safety; or
(3) that any combination of subdivisions (1) and (2) is satisfied.
(f) The juvenile court shall include in any order approving orrequiring detention of a child or approving temporary detention of achild taken into custody under IC 31-37-5 all findings andconclusions required under:
(1) the 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 delinquent child for assistance underTitle IV-E or any other federal law.
(g) 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 delinquent childconstitutes compliance with subsection (f).
As added by P.L.1-1997, SEC.20. Amended by P.L.188-1999, SEC.2;P.L.217-2001, SEC.13; P.L.1-2002, SEC.127; P.L.146-2006,SEC.55; P.L.146-2008, SEC.624.
IC 31-37-6-7
Order to appear for additional detention hearing
Sec. 7. Upon the juvenile court's own motion or upon the motionof the person representing the interests of the state, a child who hasbeen released may be ordered to appear for an additional detentionhearing.
As added by P.L.1-1997, SEC.20.
IC 31-37-6-8
Petition for additional detention hearing
Sec. 8. A child detained under section 6 or 7 of this chapter maypetition the juvenile court for an additional detention hearing.
As added by P.L.1-1997, SEC.20.
IC 31-37-6-9
Release on bail
Sec. 9. A child may not be released on bail except as provided byIC 31-30-3.
As added by P.L.1-1997, SEC.20.
IC 31-37-6-10
Surrender of child's driver's license as condition of release
Sec. 10. The juvenile court may require a child to surrender thechild's driver's license as a condition of release to ensure the child'sappearance at subsequent proceedings.
As added by P.L.1-1997, SEC.20.