Release; findings required for detention order
Sec. 6. (a) 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 (d).
(b) If a child is detained for a reason specified in subsection
(a)(3), (a)(4), or (a)(5), the child shall be detained under
IC 31-37-7-1.
(c) If a child is detained for a reason specified in subsection
(a)(4), the court shall make written findings and conclusions that
include the following:
(1) The factual basis for the finding specified in subsection
(a)(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.
(d) 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.
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.
Last modified: May 24, 2006