IC 31-37-5-1 Application of chapter
Sec. 1. This chapter applies only to a child alleged to be a
delinquent 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 designated
in 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 court
order
Sec. 3. (a) If a child is not taken into custody under an order of the
court, the law enforcement officer may release the child or may
release the child to the child's parent, guardian, or custodian upon the
person's written promise to bring the child before the juvenile court
at a time specified. Subject to subsection (c), the law enforcement
officer may place the child in detention if the law enforcement
officer reasonably believes that:
(1) the child is unlikely to appear before the juvenile court for
subsequent proceedings;
(2) the child has committed an act that would be murder or a
Class 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 child
not 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 is
essential to protect a child or the community, the law enforcement
officer who detains a child for a violation of the curfew law under
IC 31-37-3 shall make a good faith effort to release the child to the
child's parent, guardian, or custodian within a reasonable time after
the 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 to
a place designated by the court. The law enforcement officer shall
immediately notify the child's parent, guardian, or custodian and an
intake 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 taken
into custody without court order
Sec. 5. (a) If the child was not taken into custody under an order
of the court, an intake officer shall investigate the reasons for the
child's detention. The intake officer shall release the child to the
child's parent, guardian, or custodian upon the person's written
promise to bring the child before the juvenile court at a time
specified. However, the intake officer may place the child in
detention if the intake officer reasonably believes that the child is a
delinquent child and that:
(1) the child is unlikely to appear before the juvenile court for
subsequent proceedings;
(2) the child has committed an act that would be murder or a
Class 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 child
not 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 detention
hearing 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 that
would be an offense under IC 9-30-5 if committed by an adult, a
juvenile court shall recommend the immediate suspension of the
child's driving privileges as provided in IC 9-30-5. If a court
recommends suspension of a child's driving privileges under this
section, the bureau of motor vehicles shall comply with the
recommendation of suspension as provided in IC 9-30-6-12.
(b) If a court recommends suspension of a child's driving
privileges under this section, the court may order the bureau of motor
vehicles 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 to
reinstate a child's driving privileges under subsection (b), the bureau
shall comply with the order. Unless the order for reinstatement is
issued as provided under IC 9-30-6-11(a)(2) because of a violation
of the speedy trial provisions applicable to the juvenile court, the
bureau shall also do the following:
(1) Remove any record of the suspension from the bureau's
record keeping system.
(2) Reinstate the privileges without cost to the person.
(d) If a juvenile court orders a suspension under this section and
the child did not refuse to submit to a chemical test offered under
IC 9-30-6-2 during the investigation of the delinquent act that would
have been an offense under IC 9-30-5 if committed by an adult, the
juvenile court may grant the child probationary driving privileges for
one hundred eighty (180) days in conformity with the procedures in
IC 9-30-5-12. The standards and procedures in IC 9-30-5-11 and
IC 9-30-5-13 apply to an action under this subsection.
(e) If a proceeding described in this section is terminated in favor
of the child and the child did not refuse to submit to a chemical test
offered as provided under IC 9-30-6-2 during the investigation of the
delinquent act that would be an offense under IC 9-30-5 if committed
by an adult, the bureau shall remove any record of the suspension,
including the reasons for the suspension, from the child's official
driving record.
(f) The bureau of motor vehicles may adopt rules under IC 4-22-2
to 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, or
placement to department; approval or disapproval by department;
emergencies; entry of order by juvenile court; appeal by
department; expenses
Sec. 8. (a) This section applies to services and programs provided
to or on behalf of a child alleged to be a delinquent child at any time
before:
(1) entry of a dispositional decree under IC 31-37-19; or
(2) approval of a program of informal adjustment under
IC 31-37-9.
(b) Except as provided in subsection (c), before a juvenile court
orders or approves a service, a program, or an out-of-home placement
for a child:
(1) that is recommended by a probation officer or proposed by
the juvenile court;
(2) for which the costs would be payable by the department
under IC 31-40-1-2; and
(3) that has not been approved by the department;
the juvenile court shall submit the proposed service, program, or
placement to the department for consideration. The department shall,
not later than three (3) business days after receipt of the
recommendation or proposal, submit to the court a report stating
whether the department approves or disapproves the proposed
service, program, or placement.
(c) If the juvenile court makes written findings and concludes that
an emergency exists requiring an immediate out-of-home placement
to protect the health and welfare of the child, the juvenile court may
order or authorize implementation of the placement without first
complying with the procedure specified in this section. After entry
of an order under this subsection, the juvenile court shall submit a
copy of the order to the department for consideration under this
section of possible modification or alternatives to the placement and
any related services or programs included in the order.
(d) If the department approves the service, program, or placement
recommended by the probation officer or juvenile court, the juvenile
court may enter an appropriate order to implement the approved
proposal. If the department does not approve a service, program, or
placement recommended by the probation officer or proposed by the
juvenile court, the department may recommend an alternative
service, program, or placement for the child.
(e) The juvenile court shall accept the recommendations of the
department regarding any predispositional services, programs, or
placement for the child unless the juvenile court finds a
recommendation is:
(1) unreasonable, based on the facts and circumstances of the
case; or
(2) contrary to the welfare and best interests of the child.
(f) If the juvenile court does not accept the recommendations of
the department in the report submitted under subsection (b), the
court:
(1) may enter an order that:
(A) requires the department to provide a specified service,
program, or placement, until entry of a dispositional decree
or until the order is otherwise modified or terminated; and
(B) specifically states the reasons why the juvenile court is
not accepting the recommendations of the department,
including the juvenile court's findings under subsection (e);
and
(2) must incorporate all documents referenced in the report
submitted to the probation officer or to the court by the
department into the order so that the documents are part of the
record for any appeal the department may pursue under
subsection (g).
(g) If the juvenile court enters its findings and order under
subsections (e) and (f), the department may appeal the juvenile
court's order under any available procedure provided by the Indiana
Rules of Trial Procedure or the Indiana Rules of Appellate Procedure
to allow any disputes arising under this section to be decided in an
expeditious manner.
(h) If the department prevails on an appeal initiated under
subsection (g), the department shall pay the following costs and
expenses incurred by or on behalf of the child before the date of the
final decision:
(1) Any programs or services implemented during the appeal,
other than the cost of an out-of-home placement ordered by the
juvenile court.
(2) Any out-of-home placement ordered by the juvenile court
and implemented after entry of the court order of placement, if
the court has made written findings that the placement is an
emergency required to protect the health and welfare of the
child.
If the court has not made written findings that the placement is an
emergency, the county in which the juvenile court is located is
responsible for payment of all costs of the placement, including the
cost of services and programs provided by the home or facility where
the child was placed. As added by P.L.146-2008, SEC.623. Amended by P.L.131-2009,
SEC.67.
IC 31-37-5-1 Application of chapter
Sec. 1. This chapter applies only to a child alleged to be a
delinquent 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 designated
in 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 court
order
Sec. 3. (a) If a child is not taken into custody under an order of the
court, the law enforcement officer may release the child or may
release the child to the child's parent, guardian, or custodian upon the
person's written promise to bring the child before the juvenile court
at a time specified. Subject to subsection (c), the law enforcement
officer may place the child in detention if the law enforcement
officer reasonably believes that:
(1) the child is unlikely to appear before the juvenile court for
subsequent proceedings;
(2) the child has committed an act that would be murder or a
Class 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 child
not 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 is
essential to protect a child or the community, the law enforcement
officer who detains a child for a violation of the curfew law under
IC 31-37-3 shall make a good faith effort to release the child to the
child's parent, guardian, or custodian within a reasonable time after
the 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 to
a place designated by the court. The law enforcement officer shall
immediately notify the child's parent, guardian, or custodian and an
intake 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 taken
into custody without court order
Sec. 5. (a) If the child was not taken into custody under an order
of the court, an intake officer shall investigate the reasons for the
child's detention. The intake officer shall release the child to the
child's parent, guardian, or custodian upon the person's written
promise to bring the child before the juvenile court at a time
specified. However, the intake officer may place the child in
detention if the intake officer reasonably believes that the child is a
delinquent child and that:
(1) the child is unlikely to appear before the juvenile court for
subsequent proceedings;
(2) the child has committed an act that would be murder or a
Class 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 child
not 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 detention
hearing 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 that
would be an offense under IC 9-30-5 if committed by an adult, a
juvenile court shall recommend the immediate suspension of the
child's driving privileges as provided in IC 9-30-5. If a court
recommends suspension of a child's driving privileges under this
section, the bureau of motor vehicles shall comply with the
recommendation of suspension as provided in IC 9-30-6-12.
(b) If a court recommends suspension of a child's driving
privileges under this section, the court may order the bureau of motor
vehicles 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 to
reinstate a child's driving privileges under subsection (b), the bureau
shall comply with the order. Unless the order for reinstatement is
issued as provided under IC 9-30-6-11(a)(2) because of a violation
of the speedy trial provisions applicable to the juvenile court, the
bureau shall also do the following:
(1) Remove any record of the suspension from the bureau's
record keeping system.
(2) Reinstate the privileges without cost to the person.
(d) If a juvenile court orders a suspension under this section and
the child did not refuse to submit to a chemical test offered under
IC 9-30-6-2 during the investigation of the delinquent act that would
have been an offense under IC 9-30-5 if committed by an adult, the
juvenile court may grant the child probationary driving privileges for
one hundred eighty (180) days in conformity with the procedures in
IC 9-30-5-12. The standards and procedures in IC 9-30-5-11 and
IC 9-30-5-13 apply to an action under this subsection.
(e) If a proceeding described in this section is terminated in favor
of the child and the child did not refuse to submit to a chemical test
offered as provided under IC 9-30-6-2 during the investigation of the
delinquent act that would be an offense under IC 9-30-5 if committed
by an adult, the bureau shall remove any record of the suspension,
including the reasons for the suspension, from the child's official
driving record.
(f) The bureau of motor vehicles may adopt rules under IC 4-22-2
to 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, or
placement to department; approval or disapproval by department;
emergencies; entry of order by juvenile court; appeal by
department; expenses
Sec. 8. (a) This section applies to services and programs provided
to or on behalf of a child alleged to be a delinquent child at any time
before:
(1) entry of a dispositional decree under IC 31-37-19; or
(2) approval of a program of informal adjustment under
IC 31-37-9.
(b) Except as provided in subsection (c), before a juvenile court
orders or approves a service, a program, or an out-of-home placement
for a child:
(1) that is recommended by a probation officer or proposed by
the juvenile court;
(2) for which the costs would be payable by the department
under IC 31-40-1-2; and
(3) that has not been approved by the department;
the juvenile court shall submit the proposed service, program, or
placement to the department for consideration. The department shall,
not later than three (3) business days after receipt of the
recommendation or proposal, submit to the court a report stating
whether the department approves or disapproves the proposed
service, program, or placement.
(c) If the juvenile court makes written findings and concludes that
an emergency exists requiring an immediate out-of-home placement
to protect the health and welfare of the child, the juvenile court may
order or authorize implementation of the placement without first
complying with the procedure specified in this section. After entry
of an order under this subsection, the juvenile court shall submit a
copy of the order to the department for consideration under this
section of possible modification or alternatives to the placement and
any related services or programs included in the order.
(d) If the department approves the service, program, or placement
recommended by the probation officer or juvenile court, the juvenile
court may enter an appropriate order to implement the approved
proposal. If the department does not approve a service, program, or
placement recommended by the probation officer or proposed by the
juvenile court, the department may recommend an alternative
service, program, or placement for the child.
(e) The juvenile court shall accept the recommendations of the
department regarding any predispositional services, programs, or
placement for the child unless the juvenile court finds a
recommendation is:
(1) unreasonable, based on the facts and circumstances of the
case; or
(2) contrary to the welfare and best interests of the child.
(f) If the juvenile court does not accept the recommendations of
the department in the report submitted under subsection (b), the
court:
(1) may enter an order that:
(A) requires the department to provide a specified service,
program, or placement, until entry of a dispositional decree
or until the order is otherwise modified or terminated; and
(B) specifically states the reasons why the juvenile court is
not accepting the recommendations of the department,
including the juvenile court's findings under subsection (e);
and
(2) must incorporate all documents referenced in the report
submitted to the probation officer or to the court by the
department into the order so that the documents are part of the
record for any appeal the department may pursue under
subsection (g).
(g) If the juvenile court enters its findings and order under
subsections (e) and (f), the department may appeal the juvenile
court's order under any available procedure provided by the Indiana
Rules of Trial Procedure or the Indiana Rules of Appellate Procedure
to allow any disputes arising under this section to be decided in an
expeditious manner.
(h) If the department prevails on an appeal initiated under
subsection (g), the department shall pay the following costs and
expenses incurred by or on behalf of the child before the date of the
final decision:
(1) Any programs or services implemented during the appeal,
other than the cost of an out-of-home placement ordered by the
juvenile court.
(2) Any out-of-home placement ordered by the juvenile court
and implemented after entry of the court order of placement, if
the court has made written findings that the placement is an
emergency required to protect the health and welfare of the
child.
If the court has not made written findings that the placement is an
emergency, the county in which the juvenile court is located is
responsible for payment of all costs of the placement, including the
cost of services and programs provided by the home or facility where
the child was placed. As added by P.L.146-2008, SEC.623. Amended by P.L.131-2009,
SEC.67.
IC 31-37-5-1 Application of chapter
Sec. 1. This chapter applies only to a child alleged to be a
delinquent 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 designated
in 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 court
order
Sec. 3. (a) If a child is not taken into custody under an order of the
court, the law enforcement officer may release the child or may
release the child to the child's parent, guardian, or custodian upon the
person's written promise to bring the child before the juvenile court
at a time specified. Subject to subsection (c), the law enforcement
officer may place the child in detention if the law enforcement
officer reasonably believes that:
(1) the child is unlikely to appear before the juvenile court for
subsequent proceedings;
(2) the child has committed an act that would be murder or a
Class 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 child
not 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 is
essential to protect a child or the community, the law enforcement
officer who detains a child for a violation of the curfew law under
IC 31-37-3 shall make a good faith effort to release the child to the
child's parent, guardian, or custodian within a reasonable time after
the 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 to
a place designated by the court. The law enforcement officer shall
immediately notify the child's parent, guardian, or custodian and an
intake 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 taken
into custody without court order
Sec. 5. (a) If the child was not taken into custody under an order
of the court, an intake officer shall investigate the reasons for the
child's detention. The intake officer shall release the child to the
child's parent, guardian, or custodian upon the person's written
promise to bring the child before the juvenile court at a time
specified. However, the intake officer may place the child in
detention if the intake officer reasonably believes that the child is a
delinquent child and that:
(1) the child is unlikely to appear before the juvenile court for
subsequent proceedings;
(2) the child has committed an act that would be murder or a
Class 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 child
not 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 detention
hearing 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 that
would be an offense under IC 9-30-5 if committed by an adult, a
juvenile court shall recommend the immediate suspension of the
child's driving privileges as provided in IC 9-30-5. If a court
recommends suspension of a child's driving privileges under this
section, the bureau of motor vehicles shall comply with the
recommendation of suspension as provided in IC 9-30-6-12.
(b) If a court recommends suspension of a child's driving
privileges under this section, the court may order the bureau of motor
vehicles 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 to
reinstate a child's driving privileges under subsection (b), the bureau
shall comply with the order. Unless the order for reinstatement is
issued as provided under IC 9-30-6-11(a)(2) because of a violation
of the speedy trial provisions applicable to the juvenile court, the
bureau shall also do the following:
(1) Remove any record of the suspension from the bureau's
record keeping system.
(2) Reinstate the privileges without cost to the person.
(d) If a juvenile court orders a suspension under this section and
the child did not refuse to submit to a chemical test offered under
IC 9-30-6-2 during the investigation of the delinquent act that would
have been an offense under IC 9-30-5 if committed by an adult, the
juvenile court may grant the child probationary driving privileges for
one hundred eighty (180) days in conformity with the procedures in
IC 9-30-5-12. The standards and procedures in IC 9-30-5-11 and
IC 9-30-5-13 apply to an action under this subsection.
(e) If a proceeding described in this section is terminated in favor
of the child and the child did not refuse to submit to a chemical test
offered as provided under IC 9-30-6-2 during the investigation of the
delinquent act that would be an offense under IC 9-30-5 if committed
by an adult, the bureau shall remove any record of the suspension,
including the reasons for the suspension, from the child's official
driving record.
(f) The bureau of motor vehicles may adopt rules under IC 4-22-2
to 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, or
placement to department; approval or disapproval by department;
emergencies; entry of order by juvenile court; appeal by
department; expenses
Sec. 8. (a) This section applies to services and programs provided
to or on behalf of a child alleged to be a delinquent child at any time
before:
(1) entry of a dispositional decree under IC 31-37-19; or
(2) approval of a program of informal adjustment under
IC 31-37-9.
(b) Except as provided in subsection (c), before a juvenile court
orders or approves a service, a program, or an out-of-home placement
for a child:
(1) that is recommended by a probation officer or proposed by
the juvenile court;
(2) for which the costs would be payable by the department
under IC 31-40-1-2; and
(3) that has not been approved by the department;
the juvenile court shall submit the proposed service, program, or
placement to the department for consideration. The department shall,
not later than three (3) business days after receipt of the
recommendation or proposal, submit to the court a report stating
whether the department approves or disapproves the proposed
service, program, or placement.
(c) If the juvenile court makes written findings and concludes that
an emergency exists requiring an immediate out-of-home placement
to protect the health and welfare of the child, the juvenile court may
order or authorize implementation of the placement without first
complying with the procedure specified in this section. After entry
of an order under this subsection, the juvenile court shall submit a
copy of the order to the department for consideration under this
section of possible modification or alternatives to the placement and
any related services or programs included in the order.
(d) If the department approves the service, program, or placement
recommended by the probation officer or juvenile court, the juvenile
court may enter an appropriate order to implement the approved
proposal. If the department does not approve a service, program, or
placement recommended by the probation officer or proposed by the
juvenile court, the department may recommend an alternative
service, program, or placement for the child.
(e) The juvenile court shall accept the recommendations of the
department regarding any predispositional services, programs, or
placement for the child unless the juvenile court finds a
recommendation is:
(1) unreasonable, based on the facts and circumstances of the
case; or
(2) contrary to the welfare and best interests of the child.
(f) If the juvenile court does not accept the recommendations of
the department in the report submitted under subsection (b), the
court:
(1) may enter an order that:
(A) requires the department to provide a specified service,
program, or placement, until entry of a dispositional decree
or until the order is otherwise modified or terminated; and
(B) specifically states the reasons why the juvenile court is
not accepting the recommendations of the department,
including the juvenile court's findings under subsection (e);
and
(2) must incorporate all documents referenced in the report
submitted to the probation officer or to the court by the
department into the order so that the documents are part of the
record for any appeal the department may pursue under
subsection (g).
(g) If the juvenile court enters its findings and order under
subsections (e) and (f), the department may appeal the juvenile
court's order under any available procedure provided by the Indiana
Rules of Trial Procedure or the Indiana Rules of Appellate Procedure
to allow any disputes arising under this section to be decided in an
expeditious manner.
(h) If the department prevails on an appeal initiated under
subsection (g), the department shall pay the following costs and
expenses incurred by or on behalf of the child before the date of the
final decision:
(1) Any programs or services implemented during the appeal,
other than the cost of an out-of-home placement ordered by the
juvenile court.
(2) Any out-of-home placement ordered by the juvenile court
and implemented after entry of the court order of placement, if
the court has made written findings that the placement is an
emergency required to protect the health and welfare of the
child.
If the court has not made written findings that the placement is an
emergency, the county in which the juvenile court is located is
responsible for payment of all costs of the placement, including the
cost of services and programs provided by the home or facility where
the child was placed. As added by P.L.146-2008, SEC.623. Amended by P.L.131-2009,
SEC.67.
