§ 31-34-5-1 — Time for hearing; notice; petition alleging a child is a child in need of services

Indiana § 31-34-5-1

• Jurisdiction: Indiana
• Art. 34: JUVENILE LAW: CHILDREN IN NEED OF
• Ch. 5: Detention Hearing

Text

(a) If a child taken into custody under IC 31-34-2 is not released, a detention hearing shall be held not later than
forty-eight (48) hours, excluding Saturdays, Sundays, and any day on
which a legal holiday is observed for state employees as provided
under IC 1-1-9, after the child is taken into custody. If the detention
hearing is not held, the child shall be released. Notice of the time,
place, and purpose of the detention hearing shall be given to the
following:
(1) The child.
(2) The child's parent, guardian, or custodian if the person can be
located.
(3) Each foster parent or other caretaker with whom the child has
been placed for temporary care under IC 31-34-4.
(b) The court shall:
(1) provide a person who is required to be notified under
subsection (a)(2) or (a)(3) an opportunity to be heard; and
(2) allow a person described in subdivision (1) to make
recommendations to the court;
at the detention hearing.
(c) A petition alleging that a child described in subsection (a) is a
child in need of services shall be filed before a detention hearing is
held for the child.
[Pre-1997 Recodification Citation: 31-6-4-6(f) part.]

Legislative History

As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.6; P.L.138-2007, SEC.68; P.L.131-2009, SEC.60.