CHAPTER 3. CHILD TAKEN INTO CUSTODY
IC 31-34-3
Chapter 3. Child Taken Into Custody
IC 31-34-3-1
Procedures for notice to custodial parent, guardian, or custodian
Sec. 1. If a child is taken into custody under IC 31-34-2, the
department of child services shall notify the child's custodial parent,
guardian, or custodian not more than two (2) hours after the child has
been taken into custody that the child has been taken into custody as
the result of alleged child abuse or neglect.
As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005,
SEC.172.
IC 31-34-3-2
Procedures for notice; custodial parent, guardian, or custodian
who cannot be located
Sec. 2. Subject to section 3 of this chapter, if after making a
reasonable effort the child's custodial parent, guardian, or custodian
cannot be located, the department of child services shall make a good
faith effort, not more than six (6) hours after the child has been taken
into custody, to leave written notice at the last known address of the
child's custodial parent, guardian, or custodian that the child has been
taken into custody.
As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005,
SEC.173.
IC 31-34-3-3
Procedures for notice; custodial parent, guardian, or custodian
believed to reside outside Indiana
Sec. 3. If the custodial parent, guardian, or custodian is believed
to reside outside Indiana, the department of child services shall send
written notice by certified mail to the last known address of the
noncustodial parent, guardian, or custodian on the same date that the
child is taken into custody. However, if the child is not taken into
custody on a business day, the department of child services shall
send notice by certified mail on the next business day after the child
is taken into custody.
As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005,
SEC.174.
IC 31-34-3-4
Notice of contact person for more information; notice to each
parent
Sec. 4. The notice required by this chapter must:
(1) identify a person or an entity that the parent, guardian, or
custodian may contact to obtain more information regarding the
child's removal from the child's residence; and
(2) be given to each of the child's parents as described in
sections 1 through 3 of this chapter.
As added by P.L.1-1997, SEC.17.
IC 31-34-3-4.5
Procedures for notices to adult relatives and siblings
Sec. 4.5. (a) If a child is removed from the child's parents under
this chapter, within thirty (30) days after the removal of the child
from the parents the department shall exercise due diligence to
identify and provide notice of the removal to:
(1) all adult relatives (as defined in IC 31-9-2-107) of the child,
including relatives suggested by either parent as required under
42 U.S.C. 671(a)(29); and
(2) all the child's siblings who are at least eighteen (18) years of
age.
(b) The department may not provide notice to a person under
subsection (a) if the department knows or suspects that the person
has caused family or domestic violence.
(c) A notice under subsection (a) must:
(1) state that the child has been removed from the parents by the
department;
(2) set forth the options the relative may have under federal,
state, or local laws, including the care and placement of the
child and other options that may be lost if the relative fails to
respond to the notice;
(3) describe the requirements for the relative to become a foster
parent; and
(4) describe additional services available to the child placed in
foster care.
As added by P.L.131-2009, SEC.59.
IC 31-34-3-5
Immediate needs of child as first priority of department of child
services
Sec. 5. The department of child services must have as the
department's first priority the immediate needs of the child for
medical care, shelter, food, or other crisis services.
As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005,
SEC.175.