Indiana § 31-34-5-3 Release or detention of child; findings required for detention; contents
of detention order

Indiana Statutes

§ 31-34-5-3 — Release or detention of child; findings required for detention; contents of detention order

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

(a)The juvenile court shall release the child to the child's parent, guardian, or custodian. However, the court may order the child detained if the court makes written findings of fact upon the record of probable cause to believe that the child is a child in need of services and that any of the following factors applies:

(1)Detention is necessary to protect the child.

(2)The child is unlikely to appear before the juvenile court for subsequent proceedings.

(3)The child has a reasonable basis for requesting that the child not be released.

(4)The parent, guardian, or custodian:

(A)cannot be located; or

(B)is unable or unwilling to take custody of the child.

(5)Consideration for the safety of the child precludes the use of family services to prevent removal of the child. In considering

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(a) The juvenile court shall release the child to
the child's parent, guardian, or custodian. However, the court may order
the child detained if the court makes written findings of fact upon the
record of probable cause to believe that the child is a child in need of
services and that any of the following factors applies:
(1) Detention is necessary to protect the child.
(2) The child is unlikely to appear before the juvenile court for
subsequent proceedings.
(3) The child has a reasonable basis for requesting that the child
not be released.
(4) The parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child.
(5) Consideration for the safety of the child precludes the use of
family services to prevent removal of the child. In considering this
factor, the court shall:
(A) give great weight to evidence:
(i) of the presence in the child's residence of; or
(ii) that the child has been exposed to;
a fentanyl containing substance or fentanyl related substance
for which the child's parent, guardian, or custodian does not
have a valid prescription; and
(B) evaluate whether the evidence described in clause (A)(i) or
(A)(ii) necessitates removal in consideration of the following
factors:
(i) The age of the child.
(ii) Whether the child is particularly vulnerable to the
harmful effects of the fentanyl containing substance or
fentanyl related substance due to the child's medical or
developmental condition.
(iii) The risk of the child accidentally ingesting the fentanyl
containing substance or fentanyl related substance.
(b) The juvenile court shall include in any order approving or
requiring detention of a child all findings and conclusions required
under:
(1) applicable provisions of Title IV-E of the federal Social
Security Act (42 U.S.C. 670 et seq.); or
(2) any applicable federal regulation, including 45 CFR 1356.21;
as a condition of eligibility of a child in need of services for assistance
under Title IV-E or any other federal law.
(c) Inclusion in a juvenile court order of language approved and
recommended 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 child in need of
services constitutes compliance with subsection (b).
[Pre-1997 Recodification Citation: 31-6-4-6(g).]

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