SOURCE: Page 18, line 37; (06)MO013905.18. -->
Page 18, between lines 37 and 38, begin a new paragraph and insert:
SOURCE: IC 31-17-2-25; (06)MO013905.33. -->
"SECTION 33. IC 31-17-2-25 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 25. (a) This section applies if a
custodial parent or guardian of a child dies or becomes unable to
care for the child.
(b) Except as provided in subsection (c), if a person other than
a parent files a petition:
(1) seeking to determine custody of the child; or
(2) to modify custody of the child;
the court shall set an initial hearing not later than four (4) business
days after the petition is filed to determine whether emergency
placement of the child with a person other than the child's
noncustodial parent pending a final determination of custody is in
the best interest of the child.
(c) A court is not required to set an initial hearing in accordance
with this section if:
(1) it appears from the pleadings that placement with a person
other than the noncustodial parent is not in the best interest
of the child;
(2) it appears from the pleadings that the petitioner does not
have a reasonable likelihood of success on the merits; or
(3) manifest injustice would result.".
SOURCE: Page 22, line 22; (06)MO013905.22. -->
Page 22, between lines 22 and 23, begin a new paragraph and insert:
SOURCE: IC 31-34-5-3.5; (06)MO013905.37. -->
"SECTION 37. 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: Page 26, line 12; (06)MO013905.26. -->
Page 26, between lines 12 and 13, begin a new paragraph and insert:
SOURCE: IC 31-37-6-6; (06)MO013905.47. -->
"SECTION 47. 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.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 139 as printed February 24, 2006.)
________________________________________
MO013905/DI 75 2006