Indiana § 31-34-2-6 - Documentation by person taking child into custody without court order; forms

§ 31-34-2-6. Documentation by person taking child into custody without court order; forms

Sec. 6. (a) A person taking a child into custody under section 3 of this chapter shall make written documentation evidencing the following:

(1) The facts establishing probable cause to believe that the child is a child in need of services.

(2) Why the child's physical or mental condition will be seriously impaired or seriously endangered if the child is not immediately taken into custody.

(3) Why the person is unable to obtain a court order and what steps have been taken to obtain a court order.

(4) Why the department of child services is unable to protect the safety of the child without taking the child into custody.

(5) Why the person is unable to obtain the assistance of a law enforcement officer if the child is taken into custody by a probation officer or caseworker without the assistance of a law enforcement officer.

(b) The department of child services shall create forms to be used for documentation under this section.

(c) The person taking the child into custody shall immediately forward a copy of the documentation to the department of child services to be included in the report required by IC 31-33-7-4.

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

As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005, SEC.168.

IC 31-34-2.3Chapter 2.3. Child Protective Orders for Removal of Alleged Perpetrators

31-34-2.3-0.1Repealed 31-34-2.3-1Petition to remove alleged perpetrator of child abuse or neglect from child's residence 31-34-2.3-2Temporary child protective order; petition 31-34-2.3-3Serving temporary child protective order 31-34-2.3-4Hearing; notice 31-34-2.3-5Issuing child protective order; other relief; valid 31-34-2.3-6Duties for parent or other custodian of child; order 31-34-2.3-7Violation of order by parent or other custodian of child 31-34-2.3-8Violation of order by alleged perpetrator of child abuse or neglect

IC 31-34-2.3-0.1RepealedAs added by P.L.220-2011, SEC.513. Repealed by P.L.63-2012, SEC.36.

IC 31-34-2.3-1Petition to remove alleged perpetrator of child abuse or neglect from child's residence Sec. 1. If, after an investigation, the department determines that:

(1) there is probable cause to believe that a child is a child in need of services; and

(2) the child would be protected in the child's residence by the removal of the alleged perpetrator of child abuse or neglect;

the department may file a petition to remove the alleged perpetrator from the child's residence instead of attempting to remove the child from the child's residence.

As added by P.L.52-2007, SEC.8.

IC 31-34-2.3-2Temporary child protective order; petition Sec. 2. A court may issue a temporary child protective order in an action by the department for the removal of an alleged perpetrator of child abuse or neglect under section 1 of this chapter without a hearing if the department's petition to remove the alleged perpetrator states facts sufficient to satisfy the court of all of the following:

(1) There is an immediate danger to the physical health or safety of the child or the child has been a victim of sexual abuse.

(2) There is not time for an adversary hearing given the immediate danger to the physical health or safety of the child.

(3) The child is not in danger of child abuse or neglect from a parent or other adult with whom the child will continue to reside in the child's residence.

(4) The issuance of a temporary child protective order is in the best interest of the child.

As added by P.L.52-2007, SEC.8.

IC 31-34-2.3-3Serving temporary child protective order Sec. 3. The department shall serve a temporary child protective order issued under section 2 of this chapter on:

(1) the alleged perpetrator of child abuse or neglect; and

(2) the parent or other adult with whom the child will continue to reside.

As added by P.L.52-2007, SEC.8.

IC 31-34-2.3-4Hearing; notice Sec. 4. (a) A juvenile court shall hold a hearing on the temporary child protective order issued under this chapter not more than forty-eight (48) hours (excluding Saturdays, Sundays, and any day on which a legal holiday is observed for state employees as provided in IC 1-1-9) after the temporary child protective order is issued.

(b) The department shall provide notice of the time, place, and purpose of the hearing to the following:

(1) The child.

(2) The child's parent, guardian, or custodian if the person can be located.

(3) Any adult with whom the child is residing.

(4) The alleged perpetrator of child abuse or neglect.

As added by P.L.52-2007, SEC.8.

IC 31-34-2.3-5Issuing child protective order; other relief; valid Sec. 5. (a) After notice and a hearing, the court may issue a child protective order if the department's petition to remove the alleged perpetrator states facts sufficient to satisfy the court that:

(1) the child is not in danger of child abuse or neglect from a parent or other adult with whom the child will continue to reside in the child's residence; and

(2) one (1) or more of the following exist:

(A) The presence of the alleged perpetrator of child abuse or neglect in the child's residence constitutes a continuing danger to the physical health or safety of the child.

(B) The child has been the victim of sexual abuse, and there is a substantial risk that the child will be the victim of sexual abuse in the future if the alleged perpetrator of child abuse or neglect remains in the child's residence.

(b) If the court issues a child protective order under this section, the court may grant other relief as provided under IC 34-26-5-9.

(c) A child protective order issued under this section is valid until one (1) of the following occurs:

(1) The court determines the child is not a child in need of services.

(2) The child is adjudicated a child in need of services and the court enters a dispositional decree.

As added by P.L.52-2007, SEC.8.

IC 31-34-2.3-6Duties for parent or other custodian of child; order Sec. 6. A temporary child protective order issued under this chapter or any other order that requires the removal of an alleged perpetrator of child abuse or neglect from the residence of a child must require that the parent or other adult with whom the child will continue to reside in the child's residence makes reasonable efforts:

(1) to monitor the residence; and

(2) to report to the department and the appropriate law enforcement agency any attempt by the alleged perpetrator of child abuse or neglect to return to the child's residence.

As added by P.L.52-2007, SEC.8.

IC 31-34-2.3-7Violation of order by parent or other custodian of child Sec. 7. A parent or other adult with whom a child continues to reside after the issuance of a child protective order issued under section 2 or 5 of this chapter for removal of an alleged perpetrator of child abuse or neglect who knowingly or intentionally fails to comply with the requirements under section 6 of this chapter commits a Class A misdemeanor.

As added by P.L.52-2007, SEC.8.

IC 31-34-2.3-8Violation of order by alleged perpetrator of child abuse or neglect Sec. 8. An alleged perpetrator of child abuse who knowingly or intentionally returns to a child's residence in violation of a child protective order issued under section 2 or 5 of this chapter commits a Class A misdemeanor. However, the offense is a Level 6 felony if the alleged perpetrator has a prior unrelated conviction under this section.

As added by P.L.52-2007, SEC.8. Amended by P.L.158-2013, SEC.320.

IC 31-34-2.5Chapter 2.5. Emergency Custody of Certain Abandoned Children

31-34-2.5-1Taking custody of child without court order; newborn safety device; anonymity; immunity 31-34-2.5-2Notice to department of child services or child placing agency; duties of department of child services or child placing agency upon receipt of notice 31-34-2.5-3Treatment of safe haven infant as child taken into custody without court order 31-34-2.5-4Duties of department of child services upon assuming custody of safe haven infant 31-34-2.5-5Duties of child placing agency upon assuming custody of safe haven infant 31-34-2.5-6Safe haven infant presumed eligible for Medicaid

IC 31-34-2.5-1Taking custody of child without court order; newborn safety device; anonymity; immunity Sec. 1. (a) An emergency medical services provider (as defined in IC 16-41-10-1) shall, without a court order, take custody of a child who is, or who appears to be, not more than sixty (60) days of age if except as provided in subsection (h), the child is voluntarily left:

(1) with the provider by the child's parent;

(2) in a newborn safety device that:

(A) has been approved by a hospital licensed under IC 16-21;

(B) is physically located inside a hospital that is staffed continuously on a twenty-four (24) hour basis every day to provide care to patients in an emergency; and

(C) is located in an area that is conspicuous and visible to hospital staff;

(3) in a newborn safety device that was installed on or before January 1, 2017, and is located at a site that is staffed by an emergency medical services provider (as defined in IC 16-41-10-1);

(4) in a newborn safety device that:

(A) is located at a facility, fire department, or emergency medical services station that:

(i) is staffed by an emergency medical services provider (as defined in IC 16-41-10-1) on a twenty-four (24) hour seven (7) day a week basis; and

(ii) has a dual alarm system to dispatch the nearest emergency medical services provider to retrieve the newborn infant if all emergency medical services providers are dispatched to an emergency;

(B) is located in an area that is conspicuous and visible to staff; and

(C) includes an adequate dual alarm system connected to the site that is tested at least one (1) time per month to ensure the alarm system is in working order;

(5) in a newborn safety device that:

(A) is located at a volunteer fire department that:

(i) meets the minimum response time established by the county, not to exceed four (4) minutes; and

(ii) is located within one (1) mile of a hospital, police station, or emergency medical services station that is staffed on a twenty-four (24) hour per day, seven (7) day a week basis with full-time personnel who hold a valid cardiopulmonary resuscitation certification and that meets the minimum response time established by the county, not to exceed four (4) minutes;

(B) is equipped with an alert system:

(i) that, when the newborn safety device is opened, automatically connects to the 911 system and transmits a request for immediate dispatch of an emergency medical services provider (as defined in IC 16-41-10-1) to the location of the newborn safety device; and

(ii) that is tested at least one (1) time per month to ensure the alert system is in working order; and

(C) is equipped with a video surveillance system that allows members of a fire department to monitor the inside of the newborn safety device twenty-four (24) hours a day and that:

(i) has at least two (2) firefighters who are responsible for monitoring the inside of the newborn safety device twenty-four (24) hours a day; and

(ii) is an independent surveillance system from the alert system described in clause (B); or

(6) with medical staff after delivery in a hospital or other medical facility when the child's parent notifies the medical staff that the parent is voluntarily relinquishing the child;

and 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:

(1) with an emergency medical services provider;

(2) in a newborn safety device described in this section; or

(3) with medical staff as described in subsection (a)(6);

is not obligated to disclose the parent's name or the person's name.

(d) The following are immune from civil liability, unless the act or omission constitutes gross negligence or willful or wanton misconduct:

(1) An:

(A) emergency medical services provider; or

(B) employee of an emergency medical services provider;

for an act or omission relating to taking custody of a child under subsection (a).

(2) A:

(A) medical staff person; or

(B) hospital or other medical facility;

for an act or omission relating to taking custody of a child under subsection (a)(6).

(e) A hospital that approves the operation of a newborn safety device that meets the requirements set forth in subsection (a)(2) is immune from civil liability for an act or omission relating to the operation of the newborn safety device unless the act or omission constitutes gross negligence or willful or wanton misconduct.

(f) A newborn safety device described in subsection (a)(3) may continue to operate without meeting the conditions set forth in subsection (a)(2).

(g) A:

(1) facility, fire department, or emergency medical services station or an employee of a facility, fire department, or emergency medical services station that meets the requirements set forth in subsection (a)(4); or

(2) volunteer fire department or a member of a volunteer fire department that meets the requirements set forth in subsection (a)(5);

is immune from civil liability for an act or omission relating to the operation of the newborn safety device unless the act or omission constitutes gross negligence or willful or wanton misconduct.

(h) Due to extenuating circumstances, if a child's parent or a person is unable to give up custody of the child as described in subsection (a), the child's parent or the person may request that an emergency medical services provider (as defined in IC 16-41-10-1) take custody of the child by:

(1) dialing the 911 emergency call number; and

(2) staying with the child until an emergency medical services provider (as defined in IC 16-41-10-1) arrives to take custody of the child.

The emergency medical dispatch agency (as defined in IC 16-31-3.5-1) or the emergency medical services provider (as defined in IC 16-41-10-1) shall inform the child's parent or the person described in this subsection of the ability to remain anonymous as described in subsection (c).

As added by P.L.133-2000, SEC.3. Amended by P.L.217-2001, SEC.5; P.L.128-2012, SEC.158; P.L.183-2017, SEC.41; P.L.263-2017, SEC.1; P.L.186-2017, SEC.1; P.L.205-2018, SEC.11; P.L.170-2021, SEC.2; P.L.105-2021, SEC.1; P.L.137-2021, SEC.35; P.L.107-2022, SEC.1; P.L.11-2023, SEC.100; P.L.45-2023, SEC.5; P.L.30-2025, SEC.6.

IC 31-34-2.5-2Notice to department of child services or child placing agency; duties of department of child services or child placing agency upon receipt of notice Sec. 2. (a) Immediately after an emergency medical services provider takes custody of a safe haven infant under section 1 of this chapter, the provider shall notify either:

(1) the department of child services; or

(2) a licensed child placing agency;

that the provider has taken custody of the safe haven infant.

(b) If notified under subsection (a), the department of child services or a licensed child placing agency shall:

(1) assume the care, control, and custody of the safe haven infant immediately after receiving notice under subsection (a);

(2) not later than forty-eight (48) hours after the department of child services or a licensed child placing agency has taken custody of the safe haven infant, contact the Indiana clearinghouse for information on missing children, missing veterans at risk, and missing endangered adults established by IC 10-13-5-5 and the National Center for Missing and Exploited Children to determine if the safe haven infant has been reported missing; and

(3) fifteen (15) days after the department of child services or a licensed child placing agency has taken custody of the safe haven infant, contact the National Center for Missing and Exploited Children a second time to determine if the safe haven infant 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; P.L.45-2023, SEC.6; P.L.40-2024, SEC.28.

IC 31-34-2.5-3Treatment of safe haven infant as child taken into custody without court order Sec. 3. A safe haven infant for whom:

(1) the department of child services; or

(2) a licensed child placing agency;

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 safe haven infant's parents or reunify the safe haven infant'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; P.L.45-2023, SEC.7.

IC 31-34-2.5-4Duties of department of child services upon assuming custody of safe haven infant Sec. 4. If notified under section 2 of this chapter, whenever a safe haven infant is taken into custody without a court order under this chapter, the attorney for the department of child services shall, without unnecessary delay, do the following:

(1) Request the juvenile court to:

(A) authorize the filing of a petition alleging that the safe haven infant is a child in need of services;

(B) hold an initial hearing under IC 31-34-10 not later than the next business day after the safe haven infant is taken into custody; and

(C) appoint a guardian ad litem or a court appointed special advocate for the safe haven infant.

(2) File a petition to terminate the parent-child relationship under IC 31-35-1.5.

As added by P.L.133-2000, SEC.3. Amended by P.L.129-2005, SEC.5; P.L.234-2005, SEC.171; P.L.45-2023, SEC.8.

IC 31-34-2.5-5Duties of child placing agency upon assuming custody of safe haven infant Sec. 5. If a licensed child placing agency assumes custody of a safe haven infant under section 2 of this chapter, the licensed child placing agency shall do the following:

(1) Without unnecessary delay, place the safe haven infant in a preapproved adoptive home with a prospective adoptive parent who intends to adopt the safe haven infant.

(2) File a petition to terminate the parent-child relationship under IC 31-35-1.5.

As added by P.L.45-2023, SEC.9.

IC 31-34-2.5-6Safe haven infant presumed eligible for Medicaid Sec. 6. Unless prohibited by federal law, a safe haven infant in the custody of the department of child services or a licensed child placing agency under this chapter is presumed eligible for Medicaid until a court grants a petition for adoption of the safe haven infant.

As added by P.L.45-2023, SEC.10.

IC 31-34-3Chapter 3. Child Taken Into Custody

31-34-3-1Procedures for notice to custodial parent, guardian, or custodian 31-34-3-2Procedures for notice; custodial parent, guardian, or custodian who cannot be located 31-34-3-3Procedures for notice; custodial parent, guardian, or custodian believed to reside outside Indiana 31-34-3-4Notice of contact person for more information; notice to each parent 31-34-3-4.5Procedures for notices to adult relatives and siblings; content 31-34-3-4.7Notice to the child's school 31-34-3-5Immediate needs of child as first priority of department of child services