reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 4. Child Videotape Testimony › 31-35-4-3. Requirements for Admissibility of Statements or Videotapes

Sec. 3. A statement or videotape described in section 2 of this chapter is admissible in evidence in an action to determine whether the parent-child relationship should be terminated if, after notice to the parties of a hearing and of their right to be present:
(1) the court finds that the time, content, and circumstances of the statement or videotape and any other evidence provide sufficient indications of reliability; and
(2) the child:
(A) testifies at the proceeding to determine whether the parent-child relationship should be terminated;
(B) was available for face-to-face cross-examination when the statement or videotape was made; or
(C) is found by the court to be unavailable as a witness because:
(i) a psychiatrist, physician, or psychologist has certified that the child's participation in the proceeding creates a substantial likelihood of emotional or mental harm to the child;
(ii) a physician has certified that the child cannot participate in the proceeding for medical reasons; or
(iii) the court has determined that the child is incapable of understanding the nature and obligation of an oath.
[Pre-1997 Recodification Citation: 31-6-15-3 part.]
As added by P.L.1-1997, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 4. Child Videotape Testimony › 31-35-4-4. Informing Parties of Intention to Introduce and Contents of Statements and Videotapes

Sec. 4. A statement or videotape may not be admitted in evidence under this chapter unless the attorney for the department informs the parties of:
(1) an intention to introduce the statement or videotape in evidence; and
(2) the content of the statement or videotape;
at least seven (7) days before the proceedings to give the parties a fair opportunity to prepare a response to the statement or videotape before the proceeding.
[Pre-1997 Recodification Citation: 31-6-15-5 part.]
As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006, SEC.331; P.L.146-2008, SEC.620.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 5. Child Testimony by Closed Circuit Television › 31-35-5-1. Application of Chapter

Sec. 1. This chapter applies to an action to determine whether to terminate a parent-child relationship under:
(1) IC 31-35-2; or
(2) IC 31-35-3.
[Pre-1997 Recodification Citation: 31-6-16-1 part.]
As added by P.L.1-1997, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 5. Child Testimony by Closed Circuit Television › 31-35-5-2. Court Order for Use of Closed Circuit Television

Sec. 2. On the motion of the attorney for the department, the court may order that:
(1) the testimony of a child be taken in a room other than the courtroom and be transmitted to the courtroom by closed circuit television; and
(2) the questioning of the child by the parties be transmitted to the child by closed circuit television.
[Pre-1997 Recodification Citation: 31-6-16-2 part.]
As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006, SEC.332; P.L.146-2008, SEC.621.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 5. Child Testimony by Closed Circuit Television › 31-35-5-3. Court Order for Use of Videotapes

Sec. 3. On the motion of the attorney for the department, the court may order that the testimony of a child be videotaped for use at proceedings to determine whether the parent-child relationship should be terminated.
[Pre-1997 Recodification Citation: 31-6-16-3 part.]
As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006, SEC.333; P.L.146-2008, SEC.622.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 5. Child Testimony by Closed Circuit Television › 31-35-5-4. Children Who May Testify Outside Courtroom; Informing Parties of Intention to Testify

Sec. 4. The court may not make an order under section 2 or 3 of this chapter unless:
(1) the testimony to be taken is the testimony of a child who at the time of the trial is:
(A) less than fourteen (14) years of age; or
(B) at least fourteen (14) years of age but less than eighteen (18) years of age and has a disability attributable to an impairment of general intellectual functioning or adaptive behavior that:
(i) is likely to continue indefinitely;
(ii) constitutes a substantial impairment of the child's ability to function normally in society; and
(iii) reflects the child's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated; and
(C) found by the court to be a child who should be permitted to testify outside the courtroom because:
(i) a psychiatrist, physician, or psychologist has certified that the child's testifying in the courtroom creates a substantial likelihood of emotional or mental harm to the child;
(ii) a physician has certified that the child cannot be present in the courtroom for medical reasons; or
(iii) evidence has been introduced concerning the effect of the child's testifying in the courtroom and the court finds that it is more likely than not that the child's testifying in the courtroom creates a substantial likelihood of emotional or mental harm to the child;
(2) the prosecuting attorney or the attorney for the department has informed the parties and their attorneys by written notice of the intention to have the child testify outside the courtroom; and
(3) the prosecuting attorney or the attorney for the department informed the parties and their attorneys under subdivision (2) at least seven (7) days before the proceedings to give the parties and their attorneys a fair opportunity to prepare a response before the proceedings to the motion of the prosecuting attorney or the motion of the attorney for the department to permit the child to testify outside the courtroom.
[Pre-1997 Recodification Citation: 31-6-16-4 part.]
As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006, SEC.334; P.L.162-2011, SEC.54.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 5. Child Testimony by Closed Circuit Television › 31-35-5-5. Persons Who May Be Present During Child's Testimony; Closed Circuit Television

Sec. 5. If the court makes an order under section 2 of this chapter, only the following persons may be in the same room as the child during the child's testimony:
(1) Persons necessary to operate the closed circuit television equipment.
(2) Persons whose presence the court finds will contribute to the child's well-being.
(3) A court bailiff or court representative.
[Pre-1997 Recodification Citation: 31-6-16-5 part.]
As added by P.L.1-1997, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 5. Child Testimony by Closed Circuit Television › 31-35-5-6. Persons Who May Be Present During Child's Testimony; Videotapes

Sec. 6. If the court makes an order under section 3 of this chapter, only the following persons may be in the same room as the child during the child's videotaped testimony:
(1) The judge.
(2) The prosecuting attorney or the attorney for the department.
(3) The attorney for each party.
(4) Persons necessary to operate the electronic equipment.
(5) The court reporter.
(6) Persons whose presence the court finds will contribute to the child's well-being.
(7) The parties, who can observe and hear the testimony of the child without the child being able to observe or hear the parties. However, if a party is not represented by an attorney, the party may question the child.
[Pre-1997 Recodification Citation: 31-6-16-6 part.]
As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006, SEC.335.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 5. Child Testimony by Closed Circuit Television › 31-35-5-7. Persons Who May Question Child Testifying by Closed Circuit Television or Videotape

Sec. 7. If the court makes an order under section 2 or 3 of this chapter, only the following persons may question the child:
(1) The prosecuting attorney or the attorney for the department.
(2) The attorneys for the parties.
(3) The judge.
[Pre-1997 Recodification Citation: 31-6-16-7 part.]
As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006, SEC.336.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 6. Effect of Termination of the Parent-Child Relationship › 31-35-6-1. Disposition Upon Termination of Parent-Child Relationship; Review

Sec. 1. (a) If the juvenile or probate court terminates the parent-child relationship, the court may:
(1) refer the matter to the court having probate jurisdiction for adoption proceedings; or
(2) order any dispositional alternative specified by IC 31-34-20-1 or IC 31-37-19-1.
(b) If the juvenile court refers the matter to the court having probate jurisdiction under subsection (a)(1), the juvenile court shall review the child's case once every six (6) months until a petition for adoption is filed.
[Pre-1997 Recodification Citation: 31-6-5-5(a).]
As added by P.L.1-1997, SEC.18. Amended by P.L.35-1998, SEC.25.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 6. Effect of Termination of the Parent-Child Relationship › 31-35-6-2. Referral for Adoption; Duties of Guardian Ad Litem or Court Appointed Special Advocate

Sec. 2. If the juvenile or probate court terminates the parent-child relationship and refers the matter to the court having probate jurisdiction for adoption proceedings, the guardian ad litem or court appointed special advocate shall do the following:
(1) Provide the county department with information regarding the best interests of the child.
(2) Review the adoption plan as prepared by the county department as to the best interests of the child.
(3) Report to the court with juvenile jurisdiction and, if requested, to the court having probate jurisdiction, regarding the plan and the plan's appropriateness in relationship to the best interests of the child.
[Pre-1997 Recodification Citation: 31-6-5-5(b).]
As added by P.L.1-1997, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 6. Effect of Termination of the Parent-Child Relationship › 31-35-6-3. Referral for Adoption; Effect of Appeal of Decision Terminating Parent-Child Relationship

Sec. 3. An appeal of a court's decision regarding the termination of the parent-child relationship does not prevent the court in the court's discretion from referring the matter for adoption proceedings while the appeal is pending.
[Pre-1997 Recodification Citation: 31-6-5-5(c).]
As added by P.L.1-1997, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 6. Effect of Termination of the Parent-Child Relationship › 31-35-6-4. Rights, Privileges, and Obligations of Parent and Child Upon Termination of Relationship

Sec. 4. (a) If the juvenile or probate court terminates the parent-child relationship:
(1) all rights, powers, privileges, immunities, duties, and obligations, including any rights to custody, control, parenting time, or support, pertaining to the relationship, are permanently terminated; and
(2) the parent's consent to the child's adoption is not required.
(b) Any support obligations that accrued before the termination are not affected. However, the support payments shall be made under the juvenile or probate court's order.
[Pre-1997 Recodification Citation: 31-6-5-6.]
As added by P.L.1-1997, SEC.18. Amended by P.L.68-2005, SEC.57.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 36. Juvenile Law: Missing Children › Chapter 1. Reports of Missing Children › 31-36-1-1. Contents of Reports

Sec. 1. A law enforcement agency in which a notification about a missing child has been made shall prepare a report on the missing child. That report must include the following:
(1) Information that the law enforcement agency determines is relevant that is obtained in the course of the notification about the missing child, including the following:
(A) A physical description of the child.
(B) The date and place of the child's birth.
(C) The name and address of the last school attended by the child, if any.
(2) Information or evidence gathered by a preliminary investigation, if one was made.
(3) A statement by the law enforcement officer in charge setting forth that officer's assessment of the case based upon the evidence and information received.
[Pre-1997 Recodification Citation: 31-6-13-2.]
As added by P.L.1-1997, SEC.19.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 36. Juvenile Law: Missing Children › Chapter 1. Reports of Missing Children › 31-36-1-2. Time for Preparing Report

Sec. 2. The law enforcement agency shall prepare the report required by section 1 of this chapter as soon as practicable, but not later than five (5) hours after the law enforcement agency received the notification about a missing child. However, a law enforcement agency is not required to prepare the report required by section 1 of this chapter earlier than twenty-four (24) hours after the law enforcement agency received the notification about a missing child if:
(1) the law enforcement agency received a previous, unrelated notification that the child was missing; and
(2) the law enforcement agency has reason to believe that the child is missing because the child has committed a delinquent act under IC 31-37-2-2.
[Pre-1997 Recodification Citation: 31-6-13-3(a).]
As added by P.L.1-1997, SEC.19.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 36. Juvenile Law: Missing Children › Chapter 1. Reports of Missing Children › 31-36-1-3. Agencies That Are to Receive Report

Sec. 3. Upon completion of the report required by section 1 of this chapter, the law enforcement agency shall immediately forward the contents of the report to:
(1) all law enforcement agencies that have jurisdiction of the location in which the missing child lives and all law enforcement agencies that have jurisdiction of the location in which the missing child was last seen;
(2) all law enforcement agencies to which the person who provided notification requests the report be sent, if the law enforcement agency determines that the request is reasonable in light of the information contained in the report;
(3) all law enforcement agencies that request a copy of the report;
(4) the Indiana clearinghouse for information on missing children and missing endangered adults established by IC 10-13-5;
(5) the Indiana data and communication system (IDACS);
(6) the National Crime Information Center's Missing Person File; and
(7) the department.
[Pre-1997 Recodification Citation: 31-6-13-4(a).]
As added by P.L.1-1997, SEC.19. Amended by P.L.2-2003, SEC.77; P.L.43-2009, SEC.21; P.L.183-2017, SEC.54.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 36. Juvenile Law: Missing Children › Chapter 1. Reports of Missing Children › 31-36-1-3.5. Information to the National Center for Missing and Exploited Children

Sec. 3.5. (a) If the department receives a report concerning a missing child who is described in 42 U.S.C. 671(a)(9)(C)(i)(I), the department shall provide the following information to the National Center for Missing and Exploited Children:
(1) Within twenty-four (24) hours of receipt, a copy of the report received by the department.
(2) Any other information or documentation in the possession of the department concerning the missing child that the department determines may be relevant to the location and return of the missing child.
(b) If the department receives a report concerning a missing child who is not described in 42 U.S.C. 671(a)(9)(C)(i)(I), the department may provide a copy of any report received by the department that is relevant to the location of the child to the National Center for Missing and Exploited Children.
(c) If the department provides information to the National Center for Missing and Exploited Children as provided in subsection (a) or (b), the department shall also provide the following to the National Center for Missing and Exploited Children:
(1) A copy of any updated report provided to the department under IC 31-36-2-2.
(2) A copy of an assessment report completed by the department under IC 31-33-8.
(3) Any notification received by the department that the missing child has been located.
As added by P.L.183-2017, SEC.55. Amended by P.L.86-2018, SEC.223.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 36. Juvenile Law: Missing Children › Chapter 1. Reports of Missing Children › 31-36-1-4. Child Care Centers or Homes and Schools That Are to Receive Report

Sec. 4. Not later than fifteen (15) days after completion of the report required by section 1 of this chapter, the law enforcement agency shall forward the contents of the report to the last:
(1) child care center or child care home in which the child was enrolled; or
(2) school the child attended in Indiana, if any;
if the child is less than thirteen (13) years of age.
[Pre-1997 Recodification Citation: 31-6-13-4(b).]
As added by P.L.1-1997, SEC.19.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 36. Juvenile Law: Missing Children › Chapter 1. Reports of Missing Children › 31-36-1-5. School Record Attachments of Missing Children; Procedure Upon Request for Records

Sec. 5. (a) Upon receiving a report under section 4 of this chapter, a school shall attach a notice to the child's school records stating that the child has been reported missing. The school shall remove the notice when the school is notified under IC 31-36-2-6 that the child has been found.
(b) If a request for the school records of a missing child is received, the school shall:
(1) obtain:
(A) the name, address, and telephone number of the person making the request; and
(B) the reason that the person is requesting the school records; and
(2) immediately notify the Indiana clearinghouse for information on missing children and missing endangered adults.
(c) The school may not issue a copy of school records without authorization from the Indiana clearinghouse for information on missing children and missing endangered adults and may not inform the person making the request that a notice that the child has been reported missing has been attached to the child's records.
[Pre-1997 Recodification Citation: 31-6-13-6.]
As added by P.L.1-1997, SEC.19. Amended by P.L.43-2009, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 36. Juvenile Law: Missing Children › Chapter 2. Investigation of Reports of Missing Children › 31-36-2-0.5. Missing Juvenile as High Risk Missing Person

Sec. 0.5. A missing juvenile is a high risk missing person under IC 5-2-17. A law enforcement agency receiving a report of a missing juvenile shall follow the procedures in IC 5-2-17 in addition to the procedures described in this chapter.
As added by P.L.92-2007, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 36. Juvenile Law: Missing Children › Chapter 2. Investigation of Reports of Missing Children › 31-36-2-1. Time for Instituting Investigation

Sec. 1. A law enforcement agency shall begin an investigation concerning the missing child not later than twenty-four (24) hours after receiving notification that the child is missing.
[Pre-1997 Recodification Citation: 31-6-13-3(b).]
As added by P.L.1-1997, SEC.19.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 36. Juvenile Law: Missing Children › Chapter 2. Investigation of Reports of Missing Children › 31-36-2-2. Investigatory Duties of Law Enforcement Agency

Sec. 2. A law enforcement agency involved in the investigation of a missing child shall do the following:
(1) Update the initial report filed by the agency that received notification of the missing child upon the discovery of new information concerning the investigation.
(2) Forward the updated report to the agencies and organizations listed in IC 31-36-1-3.
(3) Search the National Crime Information Center's Wanted Person File for reports of arrest warrants issued for persons who allegedly abducted or unlawfully retained children and compare these reports to the missing child's National Crime Information Center's Missing Person File.
(4) Notify all law enforcement agencies involved in the investigation, the Indiana clearinghouse for information on missing children and missing endangered adults, and the National Crime Information Center when the missing child is located.
[Pre-1997 Recodification Citation: 31-6-13-4(c).]
As added by P.L.1-1997, SEC.19. Amended by P.L.43-2009, SEC.23.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 36. Juvenile Law: Missing Children › Chapter 2. Investigation of Reports of Missing Children › 31-36-2-3. Dental Records; Examination; Copies

Sec. 3. (a) If a child has:
(1) been reported missing to a law enforcement agency; and
(2) not been located within thirty (30) days after the report was made to the law enforcement agency;
the law enforcement agency conducting the investigation of the missing child may request a parent or guardian of the missing child to provide written consent for the law enforcement agency to examine a copy of the missing child's dental records.
(b) A dentist receiving a request from a law enforcement agency with written consent provided under subsection (a) shall provide a copy of the missing child's dental records to the law enforcement agency.
[Pre-1997 Recodification Citation: 31-6-13-7.]
As added by P.L.1-1997, SEC.19.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 36. Juvenile Law: Missing Children › Chapter 2. Investigation of Reports of Missing Children › 31-36-2-4. Fingerprint Records; Release; Destruction

Sec. 4. (a) A state or local governmental agency or a public or private organization maintaining a record of the fingerprints of a child shall release a copy of that record to a law enforcement agency if:
(1) the child is a missing child (as defined in IC 10-13-5-4);
(2) a parent or guardian of the child provides written consent for the release of the record; and
(3) the law enforcement agency requests a copy of the record.
(b) Except as provided in IC 31-39-5, a record of the fingerprints of a child taken and retained by a state or local governmental agency shall be destroyed when the child becomes eighteen (18) years of age.
[Pre-1997 Recodification Citation: 31-6-13-8.]
As added by P.L.1-1997, SEC.19. Amended by P.L.2-2003, SEC.78.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 36. Juvenile Law: Missing Children › Chapter 2. Investigation of Reports of Missing Children › 31-36-2-5. Arrest Warrant Issuance for Persons Abducting or Unlawfully Retaining Child; Reporting Requirements

Sec. 5. (a) If an arrest warrant is issued for a person who has allegedly abducted or unlawfully retained a missing child, the law enforcement agency issuing the warrant shall immediately enter all identifying information regarding the person into the National Crime Information Center's Wanted Person File.
(b) Upon entering the warrant information into the National Crime Information Center's Wanted Person File, the agency shall update the report in the National Crime Information Center's Missing Person File.
[Pre-1997 Recodification Citation: 31-6-13-9.]
As added by P.L.1-1997, SEC.19.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 36. Juvenile Law: Missing Children › Chapter 2. Investigation of Reports of Missing Children › 31-36-2-6. Notification Upon Finding Missing Child

Sec. 6. When a law enforcement agency is notified that a child for whom that agency prepared a report under IC 31-36-1-1 has been found, that agency shall promptly notify the persons described in IC 31-36-1-3 and IC 31-36-1-4.
[Pre-1997 Recodification Citation: 31-6-13-5.]
As added by P.L.1-1997, SEC.19.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 36. Juvenile Law: Missing Children › Chapter 3. Homeless Children › 31-36-3-1. "Services or Items"

Sec. 1. As used in this chapter, "services or items" includes food, clothing, personal hygiene products, health care, and counseling.
As added by P.L.133-2008, SEC.11.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 36. Juvenile Law: Missing Children › Chapter 3. Homeless Children › 31-36-3-2. Shelter or Services and Items Provided to Children

Sec. 2. An emergency shelter, a shelter care facility, or a program that provides services or items that are directly related to providing shelter to individuals who:
(1) are homeless; or
(2) have a low income;
may provide shelter and services or items that are directly related to providing shelter to a child without the notification, consent, or permission of the child's parent, guardian, or custodian.
As added by P.L.133-2008, SEC.11. Amended by P.L.72-2009, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 36. Juvenile Law: Missing Children › Chapter 3. Homeless Children › 31-36-3-3. Notification to Department; Investigation of a Child; Notification to Parents

Sec. 3. (a) Except as provided in subsection (d), if a child voluntarily enters an emergency shelter or a shelter care facility, the shelter or facility shall notify the department, not later than twenty-four (24) hours after the child enters the shelter or facility, of the following:
(1) The name of the child.
(2) The location of the shelter or facility.
(3) Whether the child alleges that the child is the subject of abuse or neglect.
(b) The department shall conduct an investigation concerning the child not later than forty-eight (48) hours after receiving notification from the emergency shelter or shelter care facility under subsection (a).
(c) The department shall notify the child's parent, guardian, or custodian that the child is in an emergency shelter or a shelter care facility not later than seventy-two (72) hours after the child enters the shelter or facility. However, if the department has reason to believe that the child is a victim of child abuse or neglect, the department may not notify the child's parent, guardian, or custodian as to the specific shelter or facility the child has entered.
(d) An emergency shelter or a shelter care facility is not required to notify the department of a child who is an emancipated minor.
As added by P.L.133-2008, SEC.11.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 36. Juvenile Law: Missing Children › Chapter 3. Homeless Children › 31-36-3-4. Authorization of Representative to Access Documentation and Education Services on Behalf of Homeless Youth

Sec. 4. (a) As used in this section, "homeless youth" means an individual who:
(1) is:
(A) at least sixteen (16) years of age; and
(B) less than eighteen (18) years of age;
(2) is unemancipated;
(3) is mentally competent; and
(4) lives in a situation described in 42 U.S.C. 11434a(2)(A) and 42 U.S.C. 11434a(2)(B) with or without the consent of the individual's parent, guardian, or custodian.
(b) An individual identified in subsection (c)(3) who presents a fee and consent waiver affidavit described in subsection (c) on behalf of a homeless youth to the appropriate agency or entity shall:
(1) have access, without charge and the consent of a parent, guardian, or custodian, to the homeless youth's:
(A) certificate of birth;
(B) photo identification card under IC 9-24-16-10(c); and
(C) Indiana driver's license; and
(2) be permitted to enroll the homeless youth in adult basic education services and register the homeless youth for the Indiana high school equivalency examination following the completion of an exit interview by the homeless youth under IC 20-33-2-9.
(c) A fee and consent waiver affidavit executed under this subsection shall contain the following:
(1) The homeless youth's:
(A) full name; and
(B) date of birth.
(2) The name, address, and telephone number of the government entity, school corporation liaison for homeless youth, or nonprofit organization that:
(A) is providing services to the homeless youth; and
(B) will accept delivery of mail for the homeless youth.
(3) The name of the legal representative of the government entity, school corporation liaison for homeless youth, or nonprofit organization described in subdivision (2).
(4) The signature of the legal representative described in subdivision (3) and the date of the signature.
(5) The signature of the homeless youth and the date of the signature.
A fee and consent waiver affidavit executed under this subsection must be verified by affirmation or representation.
As added by P.L.155-2019, SEC.16. Amended by P.L.211-2019, SEC.40; P.L.200-2023, SEC.34.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 1. Delinquent Children Who Commit Acts That Would Be Offenses if Committed by Adults › 31-37-1-1. Delinquent Child Defined

Sec. 1. A child is a delinquent child if, before becoming eighteen (18) years of age, the child commits a delinquent act described in this chapter.
[Pre-1997 Recodification Citation: 31-6-4-1(b) part.]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 1. Delinquent Children Who Commit Acts That Would Be Offenses if Committed by Adults › 31-37-1-2. Delinquent Act

Sec. 2. A child commits a delinquent act if, before becoming eighteen (18) years of age, the child commits a misdemeanor or felony offense, except for an act committed by a person over which the juvenile court lacks jurisdiction under IC 31-30-1.
[Pre-1997 Recodification Citation: 31-6-4-1(a) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.84-2021, SEC.1; P.L.115-2023, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 2. Delinquent Children Who Commit Certain Other Acts and Who Need Care, Treatment, or Rehabilitation › 31-37-2-1. Delinquent Child Defined

Sec. 1. A child is a delinquent child if, before becoming eighteen (18) years of age, the child:
(1) commits a delinquent act described in this chapter; and
(2) needs care, treatment, or rehabilitation that:
(A) the child is not receiving;
(B) the child is unlikely to accept voluntarily; and
(C) is unlikely to be provided or accepted without the coercive intervention of the court.
[Pre-1997 Recodification Citation: 31-6-4-1(b) part.]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 2. Delinquent Children Who Commit Certain Other Acts and Who Need Care, Treatment, or Rehabilitation › 31-37-2-2. Delinquent Act; Leaving Home Without Permission of Parent, Guardian, or Custodian

Sec. 2. A child commits a delinquent act if, before becoming eighteen (18) years of age, the child leaves home or a specific location previously designated by the child's parent, guardian, or custodian:
(1) without reasonable cause; and
(2) without permission of the parent, guardian, or custodian, who requests the child's return.
[Pre-1997 Recodification Citation: 31-6-4-1(a) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.187-2015, SEC.28.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 2. Delinquent Children Who Commit Certain Other Acts and Who Need Care, Treatment, or Rehabilitation › 31-37-2-3. Delinquent Act; Violation of Compulsory School Attendance Law

Sec. 3. A child commits a delinquent act if, before becoming eighteen (18) years of age, the child violates IC 20-33-2 concerning compulsory school attendance.
[Pre-1997 Recodification Citation: 31-6-4-1(a) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.1-2005, SEC.209.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 2. Delinquent Children Who Commit Certain Other Acts and Who Need Care, Treatment, or Rehabilitation › 31-37-2-4. Delinquent Act; Habitual Disobedience of Parent, Guardian, or Custodian

Sec. 4. A child commits a delinquent act if, before becoming eighteen (18) years of age, the child habitually disobeys the reasonable and lawful commands of the child's parent, guardian, or custodian.
[Pre-1997 Recodification Citation: 31-6-4-1(a) part.]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 2. Delinquent Children Who Commit Certain Other Acts and Who Need Care, Treatment, or Rehabilitation › 31-37-2-5. Delinquent Act; Curfew Violation

Sec. 5. A child commits a delinquent act if, before becoming eighteen (18) years of age, the child commits a curfew violation under IC 31-37-3.
[Pre-1997 Recodification Citation: 31-6-4-1(a) part.]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 2. Delinquent Children Who Commit Certain Other Acts and Who Need Care, Treatment, or Rehabilitation › 31-37-2-6. Delinquent Act; Violation Concerning Minors and Alcoholic Beverages

Sec. 6. A child commits a delinquent act if, before becoming eighteen (18) years of age, the child violates IC 7.1-5-7 concerning minors and alcoholic beverages.
[Pre-1997 Recodification Citation: 31-6-4-1(a) part.]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 2. Delinquent Children Who Commit Certain Other Acts and Who Need Care, Treatment, or Rehabilitation › 31-37-2-7. Delinquent Act; Fireworks Violation

Sec. 7. A child commits a delinquent act if, before becoming eighteen (18) years of age, the child violates IC 22-11-14-6(c) concerning minors and fireworks.
As added by P.L.187-2006, SEC.16.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 2. Delinquent Children Who Commit Certain Other Acts and Who Need Care, Treatment, or Rehabilitation › 31-37-2-8. Delinquent Acts: Fleeing; Violating Home Detention; Removing Monitoring Device; Failure to Return

Sec. 8. A child commits a delinquent act if, before becoming eighteen (18) years of age, the child:
(1) intentionally flees from lawful detention (as defined in IC 35-31.5-2-186) where the child has been placed;
(2) knowingly or intentionally violates a home detention order imposed on the child;
(3) intentionally removes, disables, or interferes with the operation of an electronic monitoring device or GPS tracking device that the child is required to wear; or
(4) knowingly or intentionally fails to return to lawful detention following temporary leave granted for a specified purpose or limited period;
due to an allegation or adjudication that the child committed an act described in this chapter.
As added by P.L.84-2022, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 3. Curfew Violations › 31-37-3-1. Repealed

[Pre-1997 Recodification Citation: 31-6-4-2(c).]
As added by P.L.1-1997, SEC.20. Repealed by P.L.79-2001, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 3. Curfew Violations › 31-37-3-2. Children 15 Through 17 Years of Age; Requirements for Detention or Custody

Sec. 2. (a) It is a curfew violation for a child fifteen (15), sixteen (16), or seventeen (17) years of age to be in a public place:
(1) between 1 a.m. and 5 a.m. on Saturday or Sunday;
(2) after 11 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday; or
(3) before 5 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.
(b) A law enforcement officer may not detain a child or take a child into custody based on a violation of this section unless the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that:
(1) the child has violated this section; and
(2) there is no legal defense to the violation.
[Pre-1997 Recodification Citation: 31-6-4-2(a).]
As added by P.L.1-1997, SEC.20. Amended by P.L.87-2004, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 3. Curfew Violations › 31-37-3-3. Children Less Than 15 Years of Age; Requirements for Detention or Custody

Sec. 3. (a) It is a curfew violation for a child less than fifteen (15) years of age to be in a public place after 11 p.m. or before 5 a.m. on any day.
(b) A law enforcement officer may not detain a child or take a child into custody based on a violation of this section unless the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that:
(1) the child has violated this section; and
(2) there is no legal defense to the violation.
[Pre-1997 Recodification Citation: 31-6-4-2(b).]
As added by P.L.1-1997, SEC.20. Amended by P.L.87-2004, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 3. Curfew Violations › 31-37-3-3.5. Defenses

Sec. 3.5. (a) It is a defense to a violation under this chapter that the child was emancipated:
(1) under IC 31-37-19-27 or IC 31-6-4-15.7 (before its repeal);
(2) by virtue of having married; or
(3) in accordance with the laws of another state or jurisdiction;
at the time that the child engaged in the prohibited conduct.
(b) It is a defense to a violation under this chapter that the child engaged in the prohibited conduct while:
(1) accompanied by the child's parent, guardian, or custodian;
(2) accompanied by an adult specified by the child's parent, guardian, or custodian;
(3) participating in, going to, or returning from:
(A) lawful employment;
(B) a school sanctioned activity;
(C) a religious event;
(D) an emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
(E) an activity involving the exercise of the child's rights protected under the First Amendment to the United States Constitution or Article 1, Section 31 of the Constitution of the State of Indiana, or both, such as freedom of speech and the right of assembly; or
(F) an activity conducted by a nonprofit or governmental entity that provides recreation, education, training, or other care under the supervision of one (1) or more adults;
(4) participating in an activity undertaken at the prior written direction of the child's parent, guardian, or custodian; or
(5) engaged in interstate or international travel from a location outside Indiana to another location outside Indiana.
As added by P.L.79-2001, SEC.2. Amended by P.L.82-2006, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 3. Curfew Violations › 31-37-3-4. Advancement of Curfew Time by Local Ordinance

Sec. 4. Whenever a city, town, or county determines that any curfew time established by section 2 or 3 of this chapter is later than is reasonable for public safety under the conditions found to exist in the city, town, or county, the city, town, or county may, by ordinance, advance the curfew time within the jurisdiction of the city, town, or county by not more than two (2) hours.
[Pre-1997 Recodification Citation: 31-6-4-2(d).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 3. Curfew Violations › 31-37-3-5. Cemeteries and Other Facilities to Memorialize Dead

Sec. 5. A city, town, or county may:
(1) determine that a curfew time is necessary for the peace, order, and safety of a cemetery or other facility used to memorialize the dead; and
(2) by ordinance impose upon cemeteries or other facilities to memorialize the dead within the jurisdiction of the city, town, or county legislative body a curfew time that is earlier than the curfew times established by sections 2 and 3 of this chapter by not more than four (4) hours.
[Pre-1997 Recodification Citation: 31-6-4-2(e).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 4. Taking a Child Into Custody › 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.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 4. Taking a Child Into Custody › 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.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 4. Taking a Child Into Custody › 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.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 4. Taking a Child Into Custody › 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.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 5. Child Taken Into Custody › 31-37-5-1. Application of Chapter

Sec. 1. This chapter applies only to a child alleged to be a delinquent child.
[Pre-1997 Recodification Citation: 31-6-4-5(a) part.]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 5. Child Taken Into Custody › 31-37-5-2. Taking Child to Designated Place Pending Detention Hearing

Sec. 2. If a child is taken into custody under an order of the court, the law enforcement officer shall take the child to a place designated in the order to await a detention hearing.
[Pre-1997 Recodification Citation: 31-6-4-5(b).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 5. Child Taken Into Custody › 31-37-5-3. Release or Detention of Child Taken Into Custody Without Court Order

Sec. 3. (a) If a child is not taken into custody under an order of the court, the law enforcement officer may release the child or may release the child to the child's parent, guardian, or custodian upon the person's written promise to bring the child before the juvenile court at a time specified. Subject to subsection (c), the law enforcement officer may place the child in detention if the law enforcement officer reasonably believes that:
(1) the child is unlikely to appear before the juvenile court for subsequent proceedings;
(2) the child has committed an act that would be murder or a Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony if committed by an adult;
(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.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 5. Child Taken Into Custody › 31-37-5-4. Detention at Designated Place; Notice

Sec. 4. If the child is not released, the child shall be delivered to a place designated by the court. The law enforcement officer shall immediately notify the child's parent, guardian, or custodian and an intake officer of the following:
(1) Where the child is being held.
(2) The reasons for the child's detention.
[Pre-1997 Recodification Citation: 31-6-4-5(d).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 5. Child Taken Into Custody › 31-37-5-6. Detention Hearing

Sec. 6. If a child taken into custody is not released, a detention hearing must be held in accordance with IC 31-37-6-2.
[1997 Recodification Citation: New.]
As added by P.L.1-1997, SEC.20.