2013 Indiana Code TITLE 31. FAMILY LAW AND JUVENILE LAW ARTICLE 34. JUVENILE LAW: CHILDREN IN NEED OF SERVICES CHAPTER 2.5. EMERGENCY CUSTODY OF CERTAIN ABANDONED CHILDREN
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IC 31-34-2.5
Chapter 2.5. Emergency Custody of Certain Abandoned
Children
IC 31-34-2.5-1
Emergency medical services provider taking custody of child
Sec. 1. (a) An emergency medical services provider shall, without
a court order, take custody of a child who is, or who appears to be,
not more than thirty (30) days of age if:
(1) the child is voluntarily left with the provider by the child's
parent; and
(2) the parent does not express an intent to return for the child.
(b) An emergency medical services provider who takes custody of
a child under this section shall perform any act necessary to protect
the child's physical health or safety.
(c) Any person who in good faith voluntarily leaves a child with
an emergency medical services provider is not obligated to disclose
the parent's name or the person's name.
As added by P.L.133-2000, SEC.3. Amended by P.L.217-2001,
SEC.5; P.L.128-2012, SEC.158.
IC 31-34-2.5-2
Notice to department of child services; department of child
services' duties; notice to clearinghouse
Sec. 2. (a) Immediately after an emergency medical services
provider takes custody of a child under section 1 of this chapter, the
provider shall notify the department of child services that the
provider has taken custody of the child.
(b) The department of child services shall:
(1) assume the care, control, and custody of the child
immediately after receiving notice under subsection (a); and
(2) not later than forty-eight (48) hours after the department of
child services has taken custody of the child, contact the Indiana
clearinghouse for information on missing children and missing
endangered adults established by IC 10-13-5-5 to determine if
the child has been reported missing.
As added by P.L.133-2000, SEC.3. Amended by P.L.217-2001,
SEC.6; P.L.2-2003, SEC.76; P.L.234-2005, SEC.169; P.L.43-2009,
SEC.20.
IC 31-34-2.5-3
Treatment as child taken into custody without court order
Sec. 3. A child for whom the department of child services assumes
care, control, and custody under section 2 of this chapter shall be
treated as a child taken into custody without a court order, except
that efforts to locate the child's parents or reunify the child's family
are not necessary, if the court makes a finding to that effect under
IC 31-34-21-5.6(b)(5).
As added by P.L.133-2000, SEC.3. Amended by P.L.234-2005,
SEC.170.
IC 31-34-2.5-4
Duties of attorney for department of child services
Sec. 4. Whenever a child is taken into custody without a court
order under this chapter, the attorney for the department of child
services shall, without unnecessary delay, request the juvenile court
to:
(1) authorize the filing of a petition alleging that the child is a
child in need of services;
(2) hold an initial hearing under IC 31-34-10 not later than the
next business day after the child is taken into custody; and
(3) appoint a guardian ad litem or a court appointed special
advocate for the child.
As added by P.L.133-2000, SEC.3. Amended by P.L.129-2005,
SEC.5; P.L.234-2005, SEC.171.
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