Ind. Code ch. 31-37-4

Ind. Code § 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. [Pre-1997 Recodification Citation: 31-6-4-4(a) part.] As added by P.L.1-1997, SEC.20.

Ind. Code § 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. [Pre-1997 Recodification Citation: 31-6-4-4(b).] As added by P.L.1-1997, SEC.20.

Ind. Code § 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 Level 2 felony or a Level 3 felony (IC 35-42-5-1). (13) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony (IC 35-43-2-1). (14) Assisting a criminal as a Level 5 felony (IC 35-44.1-2-5). (15) Escape (IC 35-44.1-3-4) as a Level 4 felony or Level 5 felony. (16) Trafficking with an inmate as a Level 5 felony (IC 35-44.1-3-5). (17) Causing death or catastrophic injury when operating a vehicle (IC 9-30-5-5). (18) Criminal confinement (IC 35-42-3-3) as a Level 2 or Level 3 felony. (19) Arson (IC 35-43-1-1) as a Level 2 felony, Level 3 felony, or Level 4 felony. (20) Possession, use, or manufacture of a weapon of mass destruction (IC 35-47-12-1) (before its repeal). (21) Terroristic mischief (IC 35-47-12-3) as a Level 2 or Level 3 felony (before its repeal). (22) Hijacking or disrupting an aircraft (IC 35-47-6-1.6). (23) A violation of IC 35-47.5 (controlled explosives) as a Level 2 felony, Level 3 felony, or Level 4 felony. (24) A controlled substances offense under IC 35-48. (25) A criminal organization offense under IC 35-45-9. (26) Domestic battery (IC 35-42-2-1.3). (27) A felony terrorist offense (as defined in IC 35-50-2-18). (b) If a child is taken into custody under this chapter for a crime or act listed in subsection (a) or a situation to which IC 12-26-5-1 applies, 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. (e) A law enforcement agency shall include in its training for law enforcement officers training concerning the notification requirements under subsection (b). As added by P.L.67-2007, SEC.2. Amended by P.L.3-2008, SEC.240; P.L.125-2012, SEC.404; P.L.126-2012, SEC.42; P.L.172-2013, SEC.8; P.L.158-2013, SEC.326; P.L.168-2014, SEC.44; P.L.25-2016, SEC.12; P.L.65-2016, SEC.18; P.L.66-2019, SEC.3; P.L.184-2019, SEC.9; P.L.211-2019, SEC.41; P.L.205-2023, SEC.26.

Ind. Code § 31-37-4-3.5 Duty to notify parents if child arrested at school

Sec. 3.5. (a) This section does not apply to an emancipated minor. (b) This section does not apply if: (1) there is a medical emergency involving the child described in subsection (c); or (2) there is an ongoing emergency or concern for student safety. (c) This section applies if a law enforcement officer arrests or takes into custody a child less than eighteen (18) years of age for allegedly committing a delinquent or criminal act on school property or at a school-sponsored activity. (d) A law enforcement officer who arrests a child or takes a child into custody as described in subsection (c) shall make a reasonable attempt to notify, or request a school administrator to make a reasonable attempt to notify: (1) the child's parent, guardian, or custodian; or (2) if the arrest or taking into custody occurs during school hours, the emergency contact listed on the child's school record; that the child has been arrested or taken into custody. (e) A law enforcement agency shall inform its law enforcement officers concerning the notification requirements under this section. As added by P.L.112-2023, SEC.2.

Ind. Code § 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.