Release or detention of child taken into custody without court
order
Sec. 3. (a) If a child is not taken into custody under an order of the
court, the law enforcement officer may release the child or may
release the child to the child's parent, guardian, or custodian upon the
person's written promise to bring the child before the juvenile court
at a time specified. Subject to subsection (c), the law enforcement
officer may place the child in detention if the law enforcement
officer reasonably believes that:
(1) the child is unlikely to appear before the juvenile court for
subsequent proceedings;
(2) the child has committed an act that would be murder or a
Class A or Class B felony if committed by an adult;
(3) detention is essential to protect the child or the community;
(4) the parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child; or
(5) the child has a reasonable basis for requesting that the child
not be released.
(b) If a child is detained for a reason specified in subsection (a)(4)
or (a)(5), the child shall be detained under IC 31-37-7-1.
(c) Unless a law enforcement officer determines that detention is
essential to protect a child or the community, the law enforcement
officer who detains a child for a violation of the curfew law under
IC 31-37-3 shall make a good faith effort to release the child to the
child's parent, guardian, or custodian within a reasonable time after
the child is detained.
As added by P.L.1-1997, SEC.20. Amended by P.L.79-2001, SEC.3.
Last modified: May 24, 2006