Sec. 5. (a) If the child was not taken into custody under an order of the court, an intake officer shall investigate the reasons for the child's detention. The intake officer 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 and may impose additional conditions upon the child, including:

(1) home detention;

(2) electronic monitoring;

(3) a curfew restriction;

(4) a directive to avoid contact with specified individuals until the child's return to the juvenile court at a specified time;

(5) a directive to comply with Indiana law; or

(6) any other reasonable conditions on the child's actions or behavior.

(b) If the intake officer imposes additional conditions upon the child under subsection (a), the court shall hold a detention hearing under IC 31-37-6 within forty-eight (48) hours of the imposition of the additional conditions, excluding Saturdays, Sundays, and legal holidays.

(c) The intake officer may place the child in detention if the intake officer reasonably believes that the child is a delinquent child and 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.

(d) If a child is detained for a reason specified in subsection (c)(4) or (c)(5), the child shall be detained under IC 31-37-7-1.

[Pre-1997 Recodification Citation: 31-6-4-5(e).]

As added by P.L.1-1997, SEC.20. Amended by P.L.158-2013, SEC.328; P.L.28-2016, SEC.2.