2023 Indiana Code
Title 31. Family Law and Juvenile Law
Article 34. Juvenile Law: Children in Need of Services
Chapter 2. Taking a Child in Need of Services Into Custody
31-34-2-3. Taking Child Into Custody Without Court Order; Documentation

Sec. 3. (a) If a law enforcement officer's action under section 2 of this chapter will not adequately protect the safety of the child, the child may be taken into custody by a law enforcement officer, probation officer, or caseworker acting with probable cause to believe the child is a child in need of services if:

(1) it appears that the child's physical or mental condition will be seriously impaired or seriously endangered if the child is not immediately taken into custody;

(2) there is not a reasonable opportunity to obtain an order of the court; and

(3) consideration for the safety of the child precludes the immediate use of family services to prevent removal of the child.

(b) A probation officer or caseworker may take a child into custody only if the circumstances make it impracticable to obtain assistance from a law enforcement officer.

(c) If a person takes a child into custody under this section, the person shall make written documentation not more than twenty-four (24) hours after the child is taken into custody as provided in section 6 of this chapter.

[Pre-1997 Recodification Citation: 31-6-4-4(d).]

As added by P.L.1-1997, SEC.17.