Indiana § 31-34-5-1 - Time for hearing; notice; petition alleging a child is a child in need of services
Full text of Indiana Indiana Code § 31-34-5-1 — Time for hearing; notice; petition alleging a child is a child in need of services, with citation guidance and answers to common questions.
§ 31-34-5-1. Time for hearing; notice; petition alleging a child is a child in need of services
Sec. 1. (a) If a child taken into custody under IC 31-34-2 is not released, a detention hearing shall be held not later than forty-eight (48) hours, excluding Saturdays, Sundays, and any day on which a legal holiday is observed for state employees as provided under IC 1-1-9, after the child is taken into custody. If the detention hearing is not held, the child shall be released. Notice of the time, place, and purpose of the detention hearing shall be given to the following:
(1) The child.
(2) The child's parent, guardian, or custodian if the person can be located.
(3) Each foster parent or other caretaker with whom the child has been placed for temporary care under IC 31-34-4.
(b) The court shall:
(1) provide a person who is required to be notified under subsection (a)(2) or (a)(3) an opportunity to be heard; and
(2) allow a person described in subdivision (1) to make recommendations to the court;
at the detention hearing.
(c) A petition alleging that a child described in subsection (a) is a child in need of services shall be filed before a detention hearing is held for the child.
[Pre-1997 Recodification Citation: 31-6-4-6(f) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.6; P.L.138-2007, SEC.68; P.L.131-2009, SEC.60.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 31-34-5-1
What does Indiana Code § 31-34-5-1 cover?
Section 31-34-5-1 ("Time for hearing; notice; petition alleging a child is a child in need of services") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 31-34-5-1?
A common citation format is "Indiana Code § 31-34-5-1" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 31-34-5-1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.