IC 31-34-2
Chapter 2. Taking a Child in Need of Services Into Custody
IC 31-34-2-1 Court order to take child into custody
Sec. 1. A child may be taken into custody by a law enforcement
officer under an order of the court. As added by P.L.1-1997, SEC.17.
IC 31-34-2-2 Taking alleged perpetrator into custody; protective order
Sec. 2. (a) A law enforcement officer may take a person into
custody if the law enforcement officer has probable cause to believe
that the person is the alleged perpetrator of an act against a child who
the law enforcement officer believes to be a child in need of services
as a result of the alleged perpetrator's act. The law enforcement
officer may take the alleged perpetrator into custody under this
section only for the purpose of removing the alleged perpetrator from
the residence where the child believed to be in need of services
resides.
(b) The law enforcement officer shall immediately contact the
attorney for the county department or another authorized person for
the purpose of initiating a protective order under IC 31-34-25 that
will require the alleged perpetrator to refrain from having direct or
indirect contact with the child. As added by P.L.1-1997, SEC.17. Amended by P.L.1-2003, SEC.77.
IC 31-34-2-3 Taking child into custody without court order; documentation
Sec. 3. (a) If a law enforcement officer's action under section 2 of
this chapter will not adequately protect the safety of the child, the
child may be taken into custody by a law enforcement officer,
probation officer, or caseworker acting with probable cause to
believe the child is a child in need of services if:
(1) it appears that the child's physical or mental condition will
be seriously impaired or seriously endangered if the child is not
immediately taken into custody;
(2) there is not a reasonable opportunity to obtain an order of
the court; and
(3) consideration for the safety of the child precludes the
immediate use of family services to prevent removal of the
child.
(b) A probation officer or caseworker may take a child into
custody only if the circumstances make it impracticable to obtain
assistance from a law enforcement officer.
(c) If a person takes a child into custody under this section, the
person shall make written documentation not more than twenty-four
(24) hours after the child is taken into custody as provided in section
6 of this chapter. As added by P.L.1-1997, SEC.17. IC 31-34-2-4 Missing child taken into custody without court order
Sec. 4. A child may be taken into custody by:
(1) a law enforcement officer;
(2) a probation officer; or
(3) a caseworker;
acting with probable cause to believe the child is a child in need of
services because the child is a missing child (as defined in
IC 10-13-5-4). As added by P.L.1-1997, SEC.17. Amended by P.L.2-2003, SEC.74.
IC 31-34-2-5 Missing child taken into custody under court order
Sec. 5. If a child in need of services is a missing child and is taken
into custody under a court order, the person taking the child into
custody shall do the following:
(1) Take the child to a place designated in the order.
(2) Give notice to the following that the child has been taken
into custody:
(A) The child's legal custodian.
(B) The clearinghouse for information on missing children
and missing endangered adults established by IC 10-13-5. As added by P.L.1-1997, SEC.17. Amended by P.L.2-2003, SEC.75;
P.L.43-2009, SEC.19.
IC 31-34-2-6 Documentation by person taking child into custody without court
order; forms
Sec. 6. (a) A person taking a child into custody under section 3 of
this chapter shall make written documentation evidencing the
following:
(1) The facts establishing probable cause to believe that the
child is a child in need of services.
(2) Why the child's physical or mental condition will be
seriously impaired or seriously endangered if the child is not
immediately taken into custody.
(3) Why the person is unable to obtain a court order and what
steps have been taken to obtain a court order.
(4) Why the department of child services is unable to protect the
safety of the child without taking the child into custody.
(5) Why the person is unable to obtain the assistance of a law
enforcement officer if the child is taken into custody by a
probation officer or caseworker without the assistance of a law
enforcement officer.
(b) The department of child services shall create forms to be used
for documentation under this section.
(c) The person taking the child into custody shall immediately
forward a copy of the documentation to the department of child
services to be included in the report required by IC 31-33-7-4. As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005,
IC 31-34-2
Chapter 2. Taking a Child in Need of Services Into Custody
IC 31-34-2-1 Court order to take child into custody
Sec. 1. A child may be taken into custody by a law enforcement
officer under an order of the court. As added by P.L.1-1997, SEC.17.
IC 31-34-2-2 Taking alleged perpetrator into custody; protective order
Sec. 2. (a) A law enforcement officer may take a person into
custody if the law enforcement officer has probable cause to believe
that the person is the alleged perpetrator of an act against a child who
the law enforcement officer believes to be a child in need of services
as a result of the alleged perpetrator's act. The law enforcement
officer may take the alleged perpetrator into custody under this
section only for the purpose of removing the alleged perpetrator from
the residence where the child believed to be in need of services
resides.
(b) The law enforcement officer shall immediately contact the
attorney for the county department or another authorized person for
the purpose of initiating a protective order under IC 31-34-25 that
will require the alleged perpetrator to refrain from having direct or
indirect contact with the child. As added by P.L.1-1997, SEC.17. Amended by P.L.1-2003, SEC.77.
IC 31-34-2-3 Taking child into custody without court order; documentation
Sec. 3. (a) If a law enforcement officer's action under section 2 of
this chapter will not adequately protect the safety of the child, the
child may be taken into custody by a law enforcement officer,
probation officer, or caseworker acting with probable cause to
believe the child is a child in need of services if:
(1) it appears that the child's physical or mental condition will
be seriously impaired or seriously endangered if the child is not
immediately taken into custody;
(2) there is not a reasonable opportunity to obtain an order of
the court; and
(3) consideration for the safety of the child precludes the
immediate use of family services to prevent removal of the
child.
(b) A probation officer or caseworker may take a child into
custody only if the circumstances make it impracticable to obtain
assistance from a law enforcement officer.
(c) If a person takes a child into custody under this section, the
person shall make written documentation not more than twenty-four
(24) hours after the child is taken into custody as provided in section
6 of this chapter. As added by P.L.1-1997, SEC.17. IC 31-34-2-4 Missing child taken into custody without court order
Sec. 4. A child may be taken into custody by:
(1) a law enforcement officer;
(2) a probation officer; or
(3) a caseworker;
acting with probable cause to believe the child is a child in need of
services because the child is a missing child (as defined in
IC 10-13-5-4). As added by P.L.1-1997, SEC.17. Amended by P.L.2-2003, SEC.74.
IC 31-34-2-5 Missing child taken into custody under court order
Sec. 5. If a child in need of services is a missing child and is taken
into custody under a court order, the person taking the child into
custody shall do the following:
(1) Take the child to a place designated in the order.
(2) Give notice to the following that the child has been taken
into custody:
(A) The child's legal custodian.
(B) The clearinghouse for information on missing children
and missing endangered adults established by IC 10-13-5. As added by P.L.1-1997, SEC.17. Amended by P.L.2-2003, SEC.75;
P.L.43-2009, SEC.19.
IC 31-34-2-6 Documentation by person taking child into custody without court
order; forms
Sec. 6. (a) A person taking a child into custody under section 3 of
this chapter shall make written documentation evidencing the
following:
(1) The facts establishing probable cause to believe that the
child is a child in need of services.
(2) Why the child's physical or mental condition will be
seriously impaired or seriously endangered if the child is not
immediately taken into custody.
(3) Why the person is unable to obtain a court order and what
steps have been taken to obtain a court order.
(4) Why the department of child services is unable to protect the
safety of the child without taking the child into custody.
(5) Why the person is unable to obtain the assistance of a law
enforcement officer if the child is taken into custody by a
probation officer or caseworker without the assistance of a law
enforcement officer.
(b) The department of child services shall create forms to be used
for documentation under this section.
(c) The person taking the child into custody shall immediately
forward a copy of the documentation to the department of child
services to be included in the report required by IC 31-33-7-4. As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005,
IC 31-34-2
Chapter 2. Taking a Child in Need of Services Into Custody
IC 31-34-2-1 Court order to take child into custody
Sec. 1. A child may be taken into custody by a law enforcement
officer under an order of the court. As added by P.L.1-1997, SEC.17.
IC 31-34-2-2 Taking alleged perpetrator into custody; protective order
Sec. 2. (a) A law enforcement officer may take a person into
custody if the law enforcement officer has probable cause to believe
that the person is the alleged perpetrator of an act against a child who
the law enforcement officer believes to be a child in need of services
as a result of the alleged perpetrator's act. The law enforcement
officer may take the alleged perpetrator into custody under this
section only for the purpose of removing the alleged perpetrator from
the residence where the child believed to be in need of services
resides.
(b) The law enforcement officer shall immediately contact the
attorney for the county department or another authorized person for
the purpose of initiating a protective order under IC 31-34-25 that
will require the alleged perpetrator to refrain from having direct or
indirect contact with the child. As added by P.L.1-1997, SEC.17. Amended by P.L.1-2003, SEC.77.
IC 31-34-2-3 Taking child into custody without court order; documentation
Sec. 3. (a) If a law enforcement officer's action under section 2 of
this chapter will not adequately protect the safety of the child, the
child may be taken into custody by a law enforcement officer,
probation officer, or caseworker acting with probable cause to
believe the child is a child in need of services if:
(1) it appears that the child's physical or mental condition will
be seriously impaired or seriously endangered if the child is not
immediately taken into custody;
(2) there is not a reasonable opportunity to obtain an order of
the court; and
(3) consideration for the safety of the child precludes the
immediate use of family services to prevent removal of the
child.
(b) A probation officer or caseworker may take a child into
custody only if the circumstances make it impracticable to obtain
assistance from a law enforcement officer.
(c) If a person takes a child into custody under this section, the
person shall make written documentation not more than twenty-four
(24) hours after the child is taken into custody as provided in section
6 of this chapter. As added by P.L.1-1997, SEC.17. IC 31-34-2-4 Missing child taken into custody without court order
Sec. 4. A child may be taken into custody by:
(1) a law enforcement officer;
(2) a probation officer; or
(3) a caseworker;
acting with probable cause to believe the child is a child in need of
services because the child is a missing child (as defined in
IC 10-13-5-4). As added by P.L.1-1997, SEC.17. Amended by P.L.2-2003, SEC.74.
IC 31-34-2-5 Missing child taken into custody under court order
Sec. 5. If a child in need of services is a missing child and is taken
into custody under a court order, the person taking the child into
custody shall do the following:
(1) Take the child to a place designated in the order.
(2) Give notice to the following that the child has been taken
into custody:
(A) The child's legal custodian.
(B) The clearinghouse for information on missing children
and missing endangered adults established by IC 10-13-5. As added by P.L.1-1997, SEC.17. Amended by P.L.2-2003, SEC.75;
P.L.43-2009, SEC.19.
IC 31-34-2-6 Documentation by person taking child into custody without court
order; forms
Sec. 6. (a) A person taking a child into custody under section 3 of
this chapter shall make written documentation evidencing the
following:
(1) The facts establishing probable cause to believe that the
child is a child in need of services.
(2) Why the child's physical or mental condition will be
seriously impaired or seriously endangered if the child is not
immediately taken into custody.
(3) Why the person is unable to obtain a court order and what
steps have been taken to obtain a court order.
(4) Why the department of child services is unable to protect the
safety of the child without taking the child into custody.
(5) Why the person is unable to obtain the assistance of a law
enforcement officer if the child is taken into custody by a
probation officer or caseworker without the assistance of a law
enforcement officer.
(b) The department of child services shall create forms to be used
for documentation under this section.
(c) The person taking the child into custody shall immediately
forward a copy of the documentation to the department of child
services to be included in the report required by IC 31-33-7-4. As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005,
