2006 Indiana Code - CHAPTER 5. CHILD TAKEN INTO CUSTODY

IC 31-37-5
     Chapter 5. Child Taken Into Custody

IC 31-37-5-1
Application of chapter
    31-37-5-1 Sec. 1. This chapter applies only to a child alleged to be a delinquent child.
As added by P.L.1-1997, SEC.20.

IC 31-37-5-2
Taking child to designated place pending detention hearing
    31-37-5-2 Sec. 2. If a child is taken into custody under an order of the court, the law enforcement officer shall take the child to a place designated in the order to await a detention hearing.
As added by P.L.1-1997, SEC.20.

IC 31-37-5-3
Release or detention of child taken into custody without court order
    31-37-5-3 Sec. 3. (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 Class A or Class B 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.
As added by P.L.1-1997, SEC.20. Amended by P.L.79-2001, SEC.3.

IC 31-37-5-4
Detention at designated place; notice
    31-37-5-4 Sec. 4. If the child is not released, the child shall be delivered to a place designated by the court. The law enforcement

officer shall immediately notify the child's parent, guardian, or custodian and an intake officer of the following:
        (1) Where the child is being held.
        (2) The reasons for the child's detention.
As added by P.L.1-1997, SEC.20.

IC 31-37-5-5
Investigation, release, or detention by intake officer of child taken into custody without court order
    31-37-5-5 Sec. 5. (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. The intake officer shall 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. However, the intake officer may place the child in detention if the intake officer reasonably believes that the child is a delinquent child and 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 Class A or Class B 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.
As added by P.L.1-1997, SEC.20.

IC 31-37-5-6
Detention hearing
    31-37-5-6 Sec. 6. If a child taken into custody is not released, a detention hearing must be held in accordance with IC 31-37-6-2.
As added by P.L.1-1997, SEC.20.

IC 31-37-5-7
Suspension of child's driving privileges; reinstatement; probationary privileges; removal from record
    31-37-5-7 Sec. 7. (a) If a child is alleged to have committed an act that would be an offense under IC 9-30-5 if committed by an adult, a juvenile court shall recommend the immediate suspension of the child's driving privileges as provided in IC 9-30-5. If a court recommends suspension of a child's driving privileges under this section, the bureau of motor vehicles shall comply with the recommendation of suspension as provided in IC 9-30-6-12.
    (b) If a court recommends suspension of a child's driving privileges under this section, the court may order the bureau of motor vehicles to reinstate the child's driving privileges as provided in

IC 9-30-6-11.
    (c) If a juvenile court orders the bureau of motor vehicles to reinstate a child's driving privileges under subsection (b), the bureau shall comply with the order. Unless the order for reinstatement is issued as provided under IC 9-30-6-11(a)(2) because of a violation of the speedy trial provisions applicable to the juvenile court, the bureau shall also do the following:
        (1) Remove any record of the suspension from the bureau's record keeping system.
        (2) Reinstate the privileges without cost to the person.
    (d) If a juvenile court orders a suspension under this section and the child did not refuse to submit to a chemical test offered under IC 9-30-6-2 during the investigation of the delinquent act that would have been an offense under IC 9-30-5 if committed by an adult, the juvenile court may grant the child probationary driving privileges for one hundred eighty (180) days in conformity with the procedures in IC 9-30-5-12. The standards and procedures in IC 9-30-5-11 and IC 9-30-5-13 apply to an action under this subsection.
    (e) If a proceeding described in this section is terminated in favor of the child and the child did not refuse to submit to a chemical test offered as provided under IC 9-30-6-2 during the investigation of the delinquent act that would be an offense under IC 9-30-5 if committed by an adult, the bureau shall remove any record of the suspension, including the reasons for the suspension, from the child's official driving record.
    (f) The bureau of motor vehicles may adopt rules under IC 4-22-2 to carry out this section.
As added by P.L.32-2000, SEC.20.