Indiana § 31-37-5-3 Release or detention of child taken into custody without court order

Indiana Statutes

§ 31-37-5-3 — Release or detention of child taken into custody without court order

Indiana § 31-37-5-3

Art. 37JUVENILE LAW: DELINQUENCY

Ch. 5Child Taken Into Custody

This text of Indiana § 31-37-5-3 (Release or detention of child taken into custody without court order) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 31-37-5-3 (2026).

Text

(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 Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 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 l

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(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
Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 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.
[Pre-1997 Recodification Citation: 31-6-4-5(c).]