2013 Indiana Code TITLE 31. FAMILY LAW AND JUVENILE LAW ARTICLE 31. JUVENILE LAW: JUVENILE COURT ADMINISTRATION CHAPTER 8. JUVENILE DETENTION AND SHELTER CARE FACILITIES
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IC 31-31-8
Chapter 8. Juvenile Detention and Shelter Care Facilities
IC 31-31-8-1
Inapplicability of chapter to shelter care facilities operated by
other governmental entities
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
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
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.
As added by P.L.1-1997, SEC.14. Amended by P.L.273-1999,
SEC.96; P.L.146-2008, SEC.572.
IC 31-31-8-4
Operation and budget of juvenile detention or juvenile shelter care
facility in certain counties
Sec. 4. (a) This section applies to a county having a population of
more than one hundred eleven thousand (111,000) 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.
As added by P.L.1-1997, SEC.14. Amended by P.L.273-1999,
SEC.97; P.L.170-2002, SEC.130; P.L.146-2008, SEC.573;
P.L.119-2012, SEC.160.
IC 31-31-8-5
Rules
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
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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