Sec. 3. (a) A juvenile court may not place a child who is a delinquent child under IC 31-37-2 in a shelter care facility that is located outside the child's county of residence unless:
(1) placement of the child in a shelter care facility with adequate services located in the child's county of residence is unavailable; or
(2) the child's county of residence does not have an appropriate shelter care facility with adequate services.
(b) A juvenile court may not place a child in a home or facility that is not a secure detention facility and that is located outside Indiana unless:
(1) the placement is recommended or approved by the director of the department or the director's designee; or
(2) the court makes written findings based on clear and convincing evidence that:
(A) the out-of-state placement is appropriate because there is not an equivalent facility with adequate services located in Indiana;
(B) institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship; or
(C) the location of the home or facility is within a distance not more than fifty (50) miles from the county of residence of the child.
[Pre-1997 Recodification Citation: 31-6-4-15.4(c).]
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.649; P.L.46-2016, SEC.18; P.L.183-2017, SEC.56.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 37. Juvenile Law: Delinquency
Chapter 19. Dispositional Decrees
31-37-19-1.5. Completion of Case Plan; Copies of Case Plan; Contents; Review and Update
31-37-19-1.7. Consult With Child; Selection of Child Representatives; Adviser
31-37-19-5. Additional Dispositional Decrees; Costs
31-37-19-6. Additional Actions by Court on Behalf of Delinquent Child
31-37-19-6-b. Additional Actions by Court on Behalf of Delinquent Child
31-37-19-8. Continuous or Intermittent Confinement; Substandard Juvenile Detention Facilities
31-37-19-11. Confinement Imposed Under Departmental Classification System; Limitation
31-37-19-11.5. Transitional Services; Data Collection; Annual Report
31-37-19-11.7. Telehealth Services
31-37-19-12. HIV Testing of Delinquent Child; Reporting; Notice to and Counseling of Victims
31-37-19-17.2. Fuel Theft by Delinquent Child
31-37-19-17.4. Court May Order a Delinquent Child to Receive Counseling
31-37-19-18. Surrendering and Forwarding Driver's Licenses or Permits
31-37-19-21. Juvenile Detention Facility Confining Child for More Than 30 Days; Criteria
31-37-19-23. Placement in Facility Located Outside Child's County of Residence
31-37-19-25. Decree Limiting Contact With Child; Copies to Parties and Law Enforcement Agencies
31-37-19-26. Determination and Reporting of Legal Settlement