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.
As added by P.L.1-1997, SEC.17.
Last modified: May 24, 2006