Investigation, release, or detention by intake officer of child taken
into custody without court order
Sec. 5. (a) If the child was not taken into custody under an order
of the court, an intake officer shall investigate the reasons for the
child's detention. The intake officer shall 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. However, the intake officer may place the child in
detention if the intake officer reasonably believes that the child is a
delinquent child and 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.
As added by P.L.1-1997, SEC.20.
Last modified: May 24, 2006