§ 31-37-5-5 — Investigation, release, or detention by intake officer of child taken into custody without court order

Indiana § 31-37-5-5

• Jurisdiction: Indiana
• Art. 37: JUVENILE LAW: DELINQUENCY
• Ch. 5: Child Taken Into Custody

Text

(a) If the child was not taken into custody
under an order of the court, an intake officer shall investigate the
reasons for the child's detention and use a validated detention tool prior
to a decision being made. The results of the detention tool shall be used
by the intake officer to inform decisions around the use of secure
detention and release conditions. The intake officer 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 and may impose additional conditions upon the child,
including:
(1) home detention;
(2) electronic monitoring;
(3) a curfew restriction;
(4) a directive to avoid contact with specified individuals until the
child's return to the juvenile court at a specified time;
(5) a directive to comply with Indiana law; or
(6) any other reasonable conditions on the child's actions or
behavior.
(b) After considering the detention tool results, if the intake officer
imposes additional conditions upon the child under subsection (a), the
court shall hold a detention hearing under IC 31-37-6 within forty-eight
(48) hours of the imposition of the additional conditions, excluding
Saturdays, Sundays, and legal holidays.
(c) The intake officer may place the child in detention if the intake
officer reasonably believes that the child is a delinquent child and only:
(1) after a detention tool has been administered; and
(2) if there are grounds to support the use of secure detention if
the child does not score as high risk on the detention tool.
(d) The intake officer shall use the results of the detention tool to
inform the use of secure detention. If, after considering the results of
the detention tool and other information determined by local policy, the
intake officer believes that the child needs to be detained under
subsection (c)(2), the intake officer shall document the reason for the
use of detention, including:
(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.
(e) If a child is detained for a reason specified in subsection (d)(4)
or (d)(5), the child shall be detained under IC 31-37-7-1.
(f) Results of the detention tool shall be made available to the court
and any legal party to the case prior to the detention hearing.
(g) Evidence of a child's statements and evidence derived from those
statements made for use in preparing an authorized evidence based
detention tool, for purposes of making a recommendation to the court
regarding continued detention of a child, are not admissible against the
child in any other court proceeding.
[Pre-1997 Recodification Citation: 31-6-4-5(e).]

Legislative History

As added by P.L.1-1997, SEC.20. Amended by P.L.158-2013, SEC.328; P.L.28-2016, SEC.2; P.L.101-2022, SEC.11.