Detention
Hearing
IC 31-37-6
IC 31-37-6-1
Sec. 1. This chapter applies only to a child alleged to
be a delinquent child.
IC 31-37-6-2
Sec. 2. If a child is not released, a detention hearing
shall be held not later than forty-eight (48) hours, e
holidays, after
the child is taken into custody.
IC 31-37-6-3
Sec. 3. Notice of the time, place, and purpose of a
detention hearing shall be given to:
(1) the child; and
(2) the child's parent,
guardian, or custodian if the person can be located.
IC 31-37-6-4
Sec. 4. If a detention hearing is not held before the
time specified by section 2 of this chapter, the child shall be released.
IC 31-37-6-5
Sec. 5. The juvenile court:
(1) shall inform the child and
the child's parent, guardian, or custodian of the child's right to counsel and
to refrain from testifying against
himself
or herself; and
(2) may appoint counsel under
IC 31-32-4.
IC 31-37-6-6
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 effort 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.
IC 31-37-6-7
Sec. 7. Upon the juvenile court's own motion or upon
the motion of the person representing the interests of the state, a child who
has been released may be ordered to appear for an additional detention hearing.
IC 31-37-6-8
Sec. 8. A child detained under section 6 or 7 of this
chapter may petition the juvenile court for an additional detention hearing.
IC 31-37-6-9
Sec. 9. A child may not be released on bail e
IC 31-37-6-10
Sec. 10. The juvenile court may require a child to
surrender the child's driver's license as a condition of release to ensure the
child's appearance at subsequent proceedings.
|
|
||||
|
|
||||
|
|
|
|||
|
|
|
|
|
|