Sec. 7. (a) With respect to a wardship awarded under section 6(b)(2)(A) of this chapter, a child may not be awarded to the department of correction, if the child:

(1) except as provided by subsection (b), is:

(A) less than twelve (12) years of age; or

(B) at least eighteen (18) years of age;

at the time of the dispositional decree; or

(2) was determined to be a delinquent child because the child violated IC 7.1-5-7.

     (b) A wardship may be awarded to the department of correction if the child:

(1) is ten (10) or eleven (11) years of age; and

(2) is found to have committed an act that would have been murder if committed by an adult.

     (c) The department of correction may not confine a delinquent child, except as provided in IC 11-10-2-10, at:

(1) an adult correctional facility; or

(2) a shelter care facility;

that houses persons charged with, imprisoned for, or incarcerated for crimes unless the child is restricted to an area of the facility where the child may have not more than haphazard or incidental sight or sound contact with persons charged with, imprisoned for, or incarcerated for crimes.

[Pre-1997 Recodification Citation: 31-6-4-15.6(a), (b).]

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