§ 31-34-2-3 — Taking child into custody without court order; documentation

(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.
[Pre-1997 Recodification Citation: 31-6-4-4(d).]

Legislative History

As added by P.L.1-1997, SEC.17.