CHAPTER 4. TAKING A CHILD INTO CUSTODY
IC 31-37-4
Chapter 4. Taking a Child Into Custody
IC 31-37-4-1
Taking custody under court order
Sec. 1. A child may be taken into custody by a law enforcement
officer under an order of the court.
As added by P.L.1-1997, SEC.20.
IC 31-37-4-2
Taking custody without court order
Sec. 2. A child may be taken into custody by a law enforcement
officer acting with probable cause to believe that the child has
committed a delinquent act.
As added by P.L.1-1997, SEC.20.
IC 31-37-4-3
Law enforcement notification to schools of student arrests
Sec. 3. (a) This section applies if a child is arrested or taken into
custody for allegedly committing an act that would be any of the
following crimes if committed by an adult:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Battery (IC 35-42-2-1).
(8) Kidnapping (IC 35-42-3-2).
(9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8.
(10) Sexual misconduct with a minor (IC 35-42-4-9).
(11) Incest (IC 35-46-1-3).
(12) Robbery as a Class A felony or a Class B felony (IC
35-42-5-1).
(13) Burglary as a Class A felony or a Class B felony (IC
35-43-2-1).
(14) Carjacking (IC 35-42-5-2).
(15) Assisting a criminal as a Class C felony (IC 35-44-3-2).
(16) Escape (IC 35-44-3-5) as a Class B felony or Class C
felony.
(17) Trafficking with an inmate as a Class C felony (IC
35-44-3-9).
(18) Causing death when operating a motor vehicle (IC
9-30-5-5).
(19) Criminal confinement (IC 35-42-3-3) as a Class B felony.
(20) Arson (IC 35-43-1-1) as a Class A or Class B felony.
(21) Possession, use, or manufacture of a weapon of mass
destruction (IC 35-47-12-1).
(22) Terroristic mischief (IC 35-47-12-3) as a Class B felony.
(23) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
(24) A violation of IC 35-47.5 (controlled explosives) as a Class
A or Class B felony.
(25) A controlled substances offense under IC 35-48.
(26) A criminal gang offense under IC 35-45-9.
(b) If a child is taken into custody under this chapter for a crime
or act listed in subsection (a), the law enforcement agency that
employs the law enforcement officer who takes the child into custody
shall notify the chief administrative officer of the primary or
secondary school, including a public or nonpublic school, in which
the child is enrolled or, if the child is enrolled in a public school, the
superintendent of the school district in which the child is enrolled:
(1) that the child was taken into custody; and
(2) of the reason why the child was taken into custody.
(c) The notification under subsection (b) must occur within
forty-eight (48) hours after the child is taken into custody.
(d) A law enforcement agency may not disclose information that
is confidential under state or federal law to a school or school district
under this section.
As added by P.L.67-2007, SEC.2. Amended by P.L.3-2008, SEC.240.
IC 31-37-4-4
Access for inspections and monitoring of facilities that house or
hold juveniles
Sec. 4. Any facility that is used or has been used to house or hold
juveniles shall give a representative or designee of the Indiana
criminal justice institute's compliance monitoring program
reasonable access to inspect and monitor the facility to ensure that
the requirements of the Juvenile Justice and Delinquency Prevention
Act are maintained.
As added by P.L.67-2008, SEC.4.