Introduced Version






HOUSE BILL No. 1203

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 31-34-5-3.5; IC 31-37-6-6.

Synopsis: Preliminary orders in juvenile cases. Allows a juvenile court at a detention hearing to: (1) impose on a child alleged to be a child in need of services, or on the child's parent, guardian, or custodian, conditions to ensure the child's appearance at subsequent proceedings, the safety of the child, or both; and (2) impose on a child alleged to be a delinquent child, or on the child's parent, guardian, or custodian, conditions to ensure any combination of the child's appearance in subsequent proceedings, the safety of the child, or the public's physical safety.

Effective: July 1, 2006.





Thompson




    January 9, 2006, read first time and referred to Committee on Family, Children and Human Affairs.







Introduced

Second Regular Session 114th General Assembly (2006)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1203



    A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 31-34-5-3.5; (06)IN1203.1.1. -->     SECTION 1. IC 31-34-5-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3.5. If the juvenile court releases a child to the child's parent, guardian, or custodian under section 3 of this chapter, the court may impose conditions on the child or the child's parent, guardian, or custodian to ensure:
        (1) the child's appearance at subsequent proceedings;
        (2) the safety of the child's physical or mental health; or
        (3) that both subdivisions (1) and (2) are satisfied.

SOURCE: IC 31-37-6-6; (06)IN1203.1.2. -->     SECTION 2. IC 31-37-6-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. (a) The juvenile court shall release the child on the child's own recognizance or to the child's parent, guardian, or custodian upon the person's written promise to bring the child before the court at a time specified. However, the court may order the child detained if the court finds probable cause to believe the child is a delinquent child and that:
        (1) the child is unlikely to appear for subsequent proceedings;
        (2) detention is essential to protect the child or the community;
        (3) the parent, guardian, or custodian:
            (A) cannot be located; or
            (B) is unable or unwilling to take custody of the child;
        (4) return of the child to the child's home is or would be:
            (A) contrary to the best interests and welfare of the child; and
            (B) harmful to the safety or health of the child; or
        (5) the child has a reasonable basis for requesting that the child not be released.
However, the findings under this subsection are not required if the child is ordered to be detained in the home of the child's parent, guardian, or custodian or is released subject to any condition listed in subsection (d).
    (b) If a child is detained for a reason specified in subsection (a)(3), (a)(4), or (a)(5), the child shall be detained under IC 31-37-7-1.
    (c) If a child is detained for a reason specified in subsection (a)(4), the court shall make written findings and conclusions that include the following:
        (1) The factual basis for the finding specified in subsection (a)(4).
        (2) A description of the family services available and efforts made to provide family services before removal of the child.
        (3) The reasons why efforts made to provide family services did not prevent removal of the child.
        (4) Whether efforts made to prevent removal of the child were reasonable.
    (d) Whenever the court releases a child under this section, the court may impose conditions upon the child, including:
        (1) home detention;
        (2) electronic monitoring;
        (3) a curfew restriction;
        (4) a protective order;
        (5) a no contact order;
        (6) an order to comply with Indiana law; or
        (7) an order placing any other reasonable conditions on the child's actions or behavior.
     (e) If the juvenile court releases a child to the child's parent, guardian, or custodian under this section, the court may impose conditions on the child's parent, guardian, or custodian to ensure:
        (1) the child's appearance at subsequent proceedings;
        (2) the safety of the child's physical or mental health;
        (3) the public's physical safety; or

         (4) that any combination of subdivisions (1) through (3) are

satisfied.