§ 31-37-19-3 — Placement in shelter care facility outside county of residence; placement in home or facility outside Indiana

(a) A juvenile court may not place a child who
is a delinquent child under IC 31-37-2 in a shelter care facility that is
located outside the child's county of residence unless:
(1) placement of the child in a shelter care facility with adequate
services located in the child's county of residence is unavailable;
or
(2) the child's county of residence does not have an appropriate
shelter care facility with adequate services.
(b) A juvenile court may not place a child in a home or facility that
is not a secure detention facility and that is located outside Indiana
unless:
(1) the placement is recommended or approved by the director of
the department or the director's designee; or
(2) the court makes written findings based on clear and
convincing evidence that:
(A) the out-of-state placement is appropriate because there is
not an equivalent facility with adequate services located in
Indiana;
(B) institutional care in the other jurisdiction is in the best
interest of the child and will not produce undue hardship; or
(C) the location of the home or facility is within a distance not
more than fifty (50) miles from the county of residence of the
child.
[Pre-1997 Recodification Citation: 31-6-4-15.4(c).]

Legislative History

As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.649; P.L.46-2016, SEC.18; P.L.183-2017, SEC.56.