2006 Indiana Code - CHAPTER 8. JUVENILE DETENTION AND SHELTER CARE FACILITIES
IC 31-31-8Chapter 8. Juvenile Detention and Shelter Care Facilities
IC 31-31-8-1
Inapplicability of chapter to shelter care facilities operated by
other governmental entities
31-31-8-1 Sec. 1. This chapter does not apply to a shelter care
facility operated by a governmental entity other than a juvenile court.
As added by P.L.1-1997, SEC.14.
IC 31-31-8-2
Juvenile detention facility; criteria
31-31-8-2 Sec. 2. A juvenile detention facility is a secure facility
that:
(1) is only used for the lawful custody and treatment of
juveniles and meets state standards and licensing requirements
as provided in department of correction rule 210 IAC 6; or
(2) is located on the same grounds or in the same building as an
adult jail or lockup and meets the following four (4) criteria:
(A) Total separation between juvenile and adult facility
spatial areas so that there could be no haphazard or
accidental contact among juvenile and adult residents in the
respective facilities. If space is used for both juveniles and
adults, time-phasing of the use is acceptable if the
arrangement precludes haphazard or accidental contact
among juvenile and adult residents at all times. Sleeping or
other living areas may not be shared under any
circumstances.
(B) Total separation in all juvenile and adult program
activities within the facilities, including recreation,
education, counseling, health care, dining, sleeping, and
general living activities. Program activities may not be
shared by juvenile and adult residents. However, program
space, equipment, and other resources may be used by both
juvenile and adult residents subject to clause (A).
(C) The administration and security functions of the juvenile
detention program must be vested in separate staff who, if
the staff serve both populations, are trained to serve a
juvenile population. Security and other direct care staff may
not be used to serve the adult jail at the same time or during
the same tour of duty that security and other direct care staff
serve in the juvenile detention facility. Specialized services
staff, such as cooks, bookkeepers, and medical professionals
who are not normally in contact with detainees or whose
infrequent contact occurs under conditions of separation of
juveniles and adults, can serve both juvenile and adult
residents.
(D) The facility meets state standards and licensing
requirements as provided in department of correction rule
210 IAC 6. The architectural and operational configuration
of the juvenile facility must assure total separation.
As added by P.L.1-1997, SEC.14.
IC 31-31-8-3
Provision of juvenile detention and shelter care facilities; staff;
budget; expenses
31-31-8-3 Sec. 3. (a) The juvenile court may establish juvenile
detention and shelter care facilities for children, except as provided
by IC 31-31-9.
(b) The court may contract with other agencies to provide juvenile
detention and shelter care facilities.
(c) If the juvenile court operates the juvenile detention and shelter
care facilities, the judge shall appoint staff and determine the
budgets.
(d) The county shall pay all expenses. The expenses for the
juvenile detention facility shall be paid from the county general fund.
Payment of the expenses for the juvenile detention facility may not
be paid from the county family and children's fund established by
IC 12-19-7-3.
As added by P.L.1-1997, SEC.14. Amended by P.L.273-1999,
SEC.96.
IC 31-31-8-4
Operation and budget of juvenile detention or juvenile shelter
care facility in certain counties
31-31-8-4 Sec. 4. (a) This section applies to a county having a
population of more than one hundred ten thousand (110,000) but less
than one hundred fifteen thousand (115,000).
(b) Notwithstanding section 3 of this chapter, the juvenile court
shall operate a juvenile detention facility or juvenile shelter care
facility established in the county. However, the county legislative
body shall determine the budget for the juvenile detention facility or
juvenile shelter care facility. The expenses for the juvenile detention
facility shall be paid from the county general fund. Payment of the
expenses for the juvenile detention facility may not be paid from the
county family and children's fund established by IC 12-19-7-3.
As added by P.L.1-1997, SEC.14. Amended by P.L.273-1999,
SEC.97; P.L.170-2002, SEC.130.
IC 31-31-8-5
Rules
31-31-8-5 Sec. 5. (a) Juvenile detention facilities shall be operated
in accordance with rules adopted by the department of correction.
(b) Shelter care facilities shall be operated in accordance with
rules adopted by the department of child services under IC 31-27.
As added by P.L.1-1997, SEC.14. Amended by P.L.145-2006,
SEC.276.
IC 31-31-8-6
Advisory committee
31-31-8-6 Sec. 6. The judge may appoint an advisory committee
to review the operations of each facility, except as provided by
IC 31-31-9.
As added by P.L.1-1997, SEC.14.
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