§ 31-37-6-6 — Release; conditions; findings required for detention order; annual report

(a) The juvenile court shall use the results of
the detention tool to inform decisions regarding the detention or
temporary detention of a child taken into custody under IC 31-37-5.
(b) The juvenile court shall release the child on the child's own
recognizance or to the child's parent, guardian, or custodian upon the
person's written promise to bring the child before the court at a time
specified. However, the court may order the child detained if the court
finds probable cause to believe the child is a delinquent child and that:
(1) the child is unlikely to appear for subsequent proceedings;
(2) detention is essential to protect the child or the community;
(3) the parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child;
(4) return of the child to the child's home is or would be:
(A) contrary to the best interests and welfare of the child; and
(B) harmful to the safety or health of the child; or
(5) the child has a reasonable basis for requesting that the child
not be released.
However, the findings under this subsection are not required if the
child is ordered to be detained in the home of the child's parent,
guardian, or custodian or is released subject to any condition listed in
subsection (e).
(c) If a child is detained for a reason specified in subsection (b)(3),
(b)(4), or (b)(5), the child shall be detained under IC 31-37-7-1.
(d) If a child is detained for a reason specified in subsection (b)(4),
the court shall make written findings and conclusions that include the
following:
(1) The factual basis for the finding specified in subsection (b)(4).
(2) A description of the family services available and efforts made
to provide family services before removal of the child.
(3) The reasons why efforts made to provide family services did
not prevent removal of the child.
(4) Whether efforts made to prevent removal of the child were
reasonable.
(e) Whenever the court releases a child under this section, the court
may impose conditions upon the child, including:
(1) home detention;
(2) electronic monitoring;
(3) a curfew restriction;
(4) a protective order;
(5) a no contact order;
(6) an order to comply with Indiana law; or
(7) an order placing any other reasonable conditions on the child's
actions or behavior.
(f) If the juvenile court releases a child to the child's parent,
guardian, or custodian under this section, the court may impose
conditions on the child's parent, guardian, or custodian to ensure:
(1) the safety of the child's physical or mental health;
(2) the public's physical safety; or
(3) that any combination of subdivisions (1) and (2) is satisfied.
(g) The juvenile court shall include in any order approving or
requiring detention of a child or approving temporary detention of a
child taken into custody under IC 31-37-5 all findings and conclusions
required under:
(1) the 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 delinquent child for assistance under
Title IV-E or any other federal law.
(h) 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 delinquent child
constitutes compliance with subsection (g).
(i) The order described in subsection (g) shall also include:
(1) the rationale and reasoning for approving or requiring
detention of a child if the child did not score as high risk on the
detention tool; and
(2) the child's detention screening results.
(j) The juvenile court shall send information related to:
(1) local policies and procedures regarding the use of secure
detention; and
(2) the detention tool results and justification of overrides of the
tool;
to the office of judicial administration on an annual basis.
(k) The office of judicial administration shall develop an annual
report that includes the information described in subsection (j). The
report shall be provided to the governor, the chief justice, and the
legislative council before December 1 of each year. The report
provided to the legislative council must be in an electronic format
under IC 5-14-6.
[Pre-1997 Recodification Citation: 31-6-4-5(g).]

Legislative History

As added by P.L.1-1997, SEC.20. Amended by P.L.188-1999, SEC.2; P.L.217-2001, SEC.13; P.L.1-2002, SEC.127; P.L.146-2006, SEC.55; P.L.146-2008, SEC.624; P.L.101-2022, SEC.13.