Public-domain · open source
OpenJurist

Ind. Code § 31-37-19-3

Placement in shelter care facility outside county of residence; placement in home or facility outside Indiana

Applied in 5 court decisions — leading case In Re TD (2009)

Most recently applied in In Re TD (August 2009)

As added by P.L.1-1997, SEC.20

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.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.