IC 31-37-5-3 Juvenile Detention and Custody
A juvenile can be "arrested" or taken into custody by any law enforcement officer with a court order, or with probable cause to believe the child has committed a delinquent act. The law enforcement officer is required to immediately notify the child's parents, guardians, or custodians. The law enforcement officer may release the child to his/her parent, guardian, or custodian upon the written promise to appear in juvenile court. However, the law enforcement officer may place the child in detention if he reasonably believes that the child is unlikely to reappear, or that detention is essential to protect the child or the community, or if the child is charged with Murder or a Class A or Class B Felony.
Unless the juvenile is to be charged in adult court, he/she is taken to the Juvenile Detention Center located next to, but separated from, the Clark County Jail at the County Government Building, 501 East Court Avenue, Jeffersonville, IN 47130.
The child may also be placed in detention if the parent, guardian, or custodian cannot be located or is unwilling to take custody, or if the child has a reasonable basis for requesting detention. In such cases, the child cannot be taken to the Juvenile Detention Center or any other shelter care facility that houses others charged or convicted of crimes.
Once taken into custody, an Intake Officer of the Clark Superior Court #1 Juvenile Probation Department also investigates the reasons for the detention and has the discretion to release the child to his/her parents, guardians, or custodians upon a written promise to reappear in Juvenile Court.
If the child is held in the Juvenile Detention Center, a detention
hearing must be held in Juvenile Court within 48 hours after the
child is taken into custody, excluding Saturdays, Sundays, and Holidays.
At the detention hearing, the Juvenile Court has several
options: The Judge may dismiss the charges and release the child if there is no probable cause to believe the child committed a delinquent
act; The Judge has the discretion to release the child to his/her parents,
guardians, or custodians upon a written promise to reappear in Juvenile
Court; The Judge may also order the child to surrender his/her driver's
license as a condition of release; The Judge may order continued detention if there is a reasonable belief that the
child is unlikely to reappear, or that detention is essential to
protect the child or the community, or if the parent, guardian,
or custodian cannot be located or is unwilling to take custody,
or if the child has a reasonable basis for requesting detention.
During detention, the child may not be released on bail.
