Sec. 7.5. (a) As used in this chapter, “emergency placement” means an emergency out-of-home placement of a child by:

(1) the department of child services established by IC 31-25-1-1;

Terms Used In Indiana Code 10-13-3-7.5

  • care: means the provision of care, treatment, education, training, instruction, supervision, or recreation to children less than eighteen (18) years of age. See Indiana Code 10-13-3-2
  • caseworker: has the meaning set forth in IC 31-9-2-11. See Indiana Code 10-13-3-2.5
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(2) a law enforcement officer;

(3) a caseworker;

(4) a juvenile probation officer; or

(5) a court;

as a result of exigent circumstances that require immediate placement with a person other than the child’s parent, guardian, or custodian.

     (b) The term includes any out-of-home placement for temporary care and custody of a child at or after the time of initial removal or transfer of custody of the child from the child’s parent, guardian, or custodian, as authorized under any of the following:

(1) IC 31-34-2.

(2) IC 31-34-2.5.

(3) IC 31-34-4.

(4) IC 31-34-5.

(5) IC 31-37-4.

(6) IC 31-37-5.

(7) IC 31-37-6.

     (c) The term does not include any proposed or actual change in location of the child’s placement for continuing care and custody after the court has entered an order at the time of or following a detention hearing required under IC 31-34-5 or IC 31-37-6, unless a court or an agency responsible for the child’s care and supervision determines that an immediate change in placement is necessary to protect the health or safety of the child.

     (d) The term does not include placement to an entity or in a facility that is not a residence (as defined in IC 3-5-2-42.5) or that is licensed by the state.

As added by P.L.234-2005, SEC.7. Amended by P.L.145-2006, SEC.26; P.L.146-2006, SEC.2.