Sec. 3.5. (a) This section does not apply to an emancipated minor.

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Terms Used In Indiana Code 31-37-4-3.5

  • Arrest: Taking physical custody of a person by lawful authority.
  • 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.
  • minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
     (b) This section does not apply if:

(1) there is a medical emergency involving the child described in subsection (c); or

(2) there is an ongoing emergency or concern for student safety.

     (c) This section applies if a law enforcement officer arrests or takes into custody a child less than eighteen (18) years of age for allegedly committing a delinquent or criminal act on school property or at a school-sponsored activity.

     (d) A law enforcement officer who arrests a child or takes a child into custody as described in subsection (c) shall make a reasonable attempt to notify, or request a school administrator to make a reasonable attempt to notify:

(1) the child’s parent, guardian, or custodian; or

(2) if the arrest or taking into custody occurs during school hours, the emergency contact listed on the child’s school record;

that the child has been arrested or taken into custody.

     (e) A law enforcement agency shall inform its law enforcement officers concerning the notification requirements under this section.

As added by P.L.112-2023, SEC.2.

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