Indiana Code 31-37-5-3. Release or detention of child taken into custody without court order
(1) the child is unlikely to appear before the juvenile court for subsequent proceedings;
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Level 1 felony | between 20 and 40 years | up to $10,000 |
| Level 2 felony | between 10 and 30 years | up to $10,000 |
| Level 3 felony | between 3 and 16 years | up to $10,000 |
| Level 4 felony | between 2 and 12 years | up to $10,000 |
Terms Used In Indiana Code 31-37-5-3
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- juvenile: as used in this article means any person who is a minor under the law of the state of residence of the parent, guardian, person or agency entitled to the legal custody of such minor. See Indiana Code 31-37-23-1
(3) detention is essential to protect the child or the community;
(4) the parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child; or
(5) the child has a reasonable basis for requesting that the child not be released.
(b) If a child is detained for a reason specified in subsection (a)(4) or (a)(5), the child shall be detained under IC 31-37-7-1.
(c) Unless a law enforcement officer determines that detention is essential to protect a child or the community, the law enforcement officer who detains a child for a violation of the curfew law under IC 31-37-3 shall make a good faith effort to release the child to the child’s parent, guardian, or custodian within a reasonable time after the child is detained.
[Pre-1997 Recodification Citation: 31-6-4-5(c).]
As added by P.L.1-1997, SEC.20. Amended by P.L.79-2001, SEC.3; P.L.158-2013, SEC.327.