Note: This version of section effective until 7-1-2023. See also following version of this section, effective 7-1-2023.
Sec. 6. (a) This section applies if a child is a delinquent child under IC 31-37-1.
(b) Except as provided in section 10 of this chapter and subject to section 6.5 of this chapter, the juvenile court may:
(1) enter any dispositional decree specified in section 5 of this chapter; and
(2) take any of the following actions:
(A) Award wardship to:
(i) the department of correction for housing in a correctional facility for children; or
(ii) a community based correctional facility for children.
Wardship under this subdivision does not include the right to consent to the child's adoption.
(B) If the child is less than seventeen (17) years of age, order confinement in a juvenile detention facility for not more than the lesser of:
(i) ninety (90) days; or
(ii) the maximum term of imprisonment that could have been imposed on the child if the child had been convicted as an adult offender for the act that the child committed under IC 31-37-1 (or IC 31-6-4-1(b)(1) before its repeal).
(C) If the child is at least seventeen (17) years of age, order confinement in a juvenile detention facility for not more than the lesser of:
(i) one hundred twenty (120) days; or
(ii) the maximum term of imprisonment that could have been imposed on the child if the child had been convicted as an adult offender for the act that the child committed under IC 31-37-1 (or IC 31-6-4-1(b)(1) before its repeal).
(D) Remove the child from the child's home and place the child in another home or shelter care facility. Placement under this subdivision includes authorization to control and discipline the child.
(E) Award wardship to a:
(i) person, other than the department; or
(ii) shelter care facility.
Wardship under this subdivision does not include the right to consent to the child's adoption.
(F) Place the child in a secure private facility for children licensed under the laws of a state. Placement under this subdivision includes authorization to control and discipline the child.
(G) Order a person who is a respondent in a proceeding under IC 31-37-16 (before its repeal) or IC 34-26-5 to refrain from direct or indirect contact with the child.
(c) If a dispositional decree under this section:
(1) orders or approves removal of a child from the child's home, or awards wardship of the child to a:
(A) person, other than the department; or
(B) shelter care facility; and
(2) is the first court order in the delinquent child proceeding that authorizes or approves removal of the child from the child's parent, guardian, or custodian;
the juvenile court shall include in the decree the appropriate findings and conclusions described in IC 31-37-6-6(f) and IC 31-37-6-6(g).
[Pre-1997 Recodification Citation: 31-6-4-15.9(a).]
As added by P.L.1-1997, SEC.20. Amended by P.L.1-2003, SEC.79; P.L.70-2004, SEC.26; P.L.146-2008, SEC.651.
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