Indiana § 31-37-6-6 - Release; conditions; findings required for detention order; annual report

§ 31-37-6-6. Release; conditions; findings required for detention order; annual report

Sec. 6. (a) The juvenile court shall use the results of the detention tool to inform decisions regarding the detention or temporary detention of a child taken into custody under IC 31-37-5.

(b) The juvenile court shall release the child on the child's own recognizance or to the child's parent, guardian, or custodian upon the person's written promise to bring the child before the court at a time specified. However, the court may order the child detained if the court finds probable cause to believe the child is a delinquent child and that:

(1) the child is unlikely to appear for subsequent proceedings;

(2) detention is essential to protect the child or the community;

(3) the parent, guardian, or custodian:

(A) cannot be located; or

(B) is unable or unwilling to take custody of the child;

(4) return of the child to the child's home is or would be:

(A) contrary to the best interests and welfare of the child; and

(B) harmful to the safety or health of the child; or

(5) the child has a reasonable basis for requesting that the child not be released.

However, the findings under this subsection are not required if the child is ordered to be detained in the home of the child's parent, guardian, or custodian or is released subject to any condition listed in subsection (e).

(c) If a child is detained for a reason specified in subsection (b)(3), (b)(4), or (b)(5), the child shall be detained under IC 31-37-7-1.

(d) If a child is detained for a reason specified in subsection (b)(4), the court shall make written findings and conclusions that include the following:

(1) The factual basis for the finding specified in subsection (b)(4).

(2) A description of the family services available and efforts made to provide family services before removal of the child.

(3) The reasons why efforts made to provide family services did not prevent removal of the child.

(4) Whether efforts made to prevent removal of the child were reasonable.

(e) Whenever the court releases a child under this section, the court may impose conditions upon the child, including:

(1) home detention;

(2) electronic monitoring;

(3) a curfew restriction;

(4) a protective order;

(5) a no contact order;

(6) an order to comply with Indiana law; or

(7) an order placing any other reasonable conditions on the child's actions or behavior.

(f) If the juvenile court releases a child to the child's parent, guardian, or custodian under this section, the court may impose conditions on the child's parent, guardian, or custodian to ensure:

(1) the safety of the child's physical or mental health;

(2) the public's physical safety; or

(3) that any combination of subdivisions (1) and (2) is satisfied.

(g) The juvenile court shall include in any order approving or requiring detention of a child or approving temporary detention of a child taken into custody under IC 31-37-5 all findings and conclusions required under:

(1) the applicable provisions of Title IV-E of the federal Social Security Act (42 U.S.C. 670 et seq.); or

(2) any applicable federal regulation, including 45 CFR 1356.21;

as a condition of eligibility of a delinquent child for assistance under Title IV-E or any other federal law.

(h) Inclusion in a juvenile court order of language approved and recommended by the judicial conference of Indiana, in relation to:

(1) removal from the child's home; or

(2) detention;

of a child who is alleged to be, or adjudicated as, a delinquent child constitutes compliance with subsection (g).

(i) The order described in subsection (g) shall also include:

(1) the rationale and reasoning for approving or requiring detention of a child if the child did not score as high risk on the detention tool; and

(2) the child's detention screening results.

(j) The juvenile court shall send information related to:

(1) local policies and procedures regarding the use of secure detention; and

(2) the detention tool results and justification of overrides of the tool;

to the office of judicial administration on an annual basis.

(k) The office of judicial administration shall develop an annual report that includes the information described in subsection (j). The report shall be provided to the governor, the chief justice, and the legislative council before December 1 of each year. The report provided to the legislative council must be in an electronic format under IC 5-14-6.

[Pre-1997 Recodification Citation: 31-6-4-5(g).]

As added by P.L.1-1997, SEC.20. Amended by P.L.188-1999, SEC.2; P.L.217-2001, SEC.13; P.L.1-2002, SEC.127; P.L.146-2006, SEC.55; P.L.146-2008, SEC.624; P.L.101-2022, SEC.13.