Sec. 2.5. (a) This section applies to a child who is:

(1) adjudicated a child in need of services under IC 31-34;

criminal case

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Terms Used In Indiana Code 31-40-1-2.5

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • secure detention facility: includes :

    Indiana Code 31-40-1-1.5

  • services: includes education, provision of necessary clothing and supplies, medical and dental care, counseling and remediation, or any other services or programs included in a dispositional decree or case plan ordered or approved by the juvenile court for the benefit of a delinquent child under IC 31-37. See Indiana Code 31-40-1-1.5
(2) a party in a pending child in need of services proceeding under the jurisdiction of a juvenile court;

(3) receiving services for which payment has been made by the department under a case plan and a dispositional decree in the child in need of services proceeding; and

(4) placed in a secure detention facility by order of a juvenile court, based on a determination by the juvenile court that the child committed, or that probable cause exists to believe that the child committed, a delinquent act described in IC 31-37-1-2 at a time after adjudication in the child in need of services case.

     (b) The department may, by agreement with the probation office of the juvenile court in which the delinquency case is pending, pay the cost of specified services for a child described in subsection (a), during the time the child is placed in a secure detention facility.

     (c) An agreement under this section must specify:

(1) the particular services that will be paid by the department during the time the child is placed in a secure detention facility;

(2) the term of the agreement;

(3) any procedure or limitations relating to amendment or extension of the agreement; and

(4) any other provision that the parties consider necessary or appropriate.

     (d) The child’s case plan in a child in need of services case, as prepared and approved by the department under IC 31-34-15, shall be attached to and made a part of the agreement.

     (e) An agreement under this section:

(1) shall be signed by:

(A) the director of the department; and

(B) the judge of the juvenile court that ordered or approved placement of the child in the secure detention facility; and

(2) may not be considered to be a contract for purposes of IC 4-13-2.

As added by P.L.146-2008, SEC.666.

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