Indiana Code 31-37-19-3. Placement in shelter care facility outside county of residence; placement in home or facility outside Indiana
(1) placement of the child in a shelter care facility with adequate services located in the child’s county of residence is unavailable; or
Terms Used In Indiana Code 31-37-19-3
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- juvenile: as used in this article means any person who is a minor under the law of the state of residence of the parent, guardian, person or agency entitled to the legal custody of such minor. See Indiana Code 31-37-23-1
(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.
[Pre-1997 Recodification Citation: 31-6-4-15.4(c).]
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.649; P.L.46-2016, SEC.18; P.L.183-2017, SEC.56.