Sec. 6. (a) A person taking a child into custody under section 3 of this chapter shall make written documentation evidencing the following:

(1) The facts establishing probable cause to believe that the child is a child in need of services.

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Terms Used In Indiana Code 31-34-2-6

  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(2) Why the child’s physical or mental condition will be seriously impaired or seriously endangered if the child is not immediately taken into custody.

(3) Why the person is unable to obtain a court order and what steps have been taken to obtain a court order.

(4) Why the department of child services is unable to protect the safety of the child without taking the child into custody.

(5) Why the person is unable to obtain the assistance of a law enforcement officer if the child is taken into custody by a probation officer or caseworker without the assistance of a law enforcement officer.

     (b) The department of child services shall create forms to be used for documentation under this section.

     (c) The person taking the child into custody shall immediately forward a copy of the documentation to the department of child services to be included in the report required by IC 31-33-7-4.

[Pre-1997 Recodification Citation: 31-6-4-4(g).]

As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005, SEC.168.

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