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Indiana Code Title 31. Family Law and Juvenile Law § 31-34-5-1

Current as of January 01, 2026 | Updated by Findlaw Staff

Sec. 1. (a) If a child taken into custody under IC 31-34-2 is not released, a detention hearing shall be held not later than forty-eight (48) hours, excluding Saturdays, Sundays, and any day on which a legal holiday is observed for state employees as provided under IC 1-1-9, after the child is taken into custody.  If the detention hearing is not held, the child shall be released.  Notice of the time, place, and purpose of the detention hearing shall be given to the following:

(1) The child.

(2) The child's parent, guardian, or custodian if the person can be located.

(3) Each foster parent or other caretaker with whom the child has been placed for temporary care under IC 31-34-4.

(b) The court shall:

(1) provide a person who is required to be notified under subsection (a)(2) or (a)(3) an opportunity to be heard;  and

(2) allow a person described in subdivision (1) to make recommendations to the court;

at the detention hearing.

(c) A petition alleging that a child described in subsection (a) is a child in need of services shall be filed before a detention hearing is held for the child.

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Cite this article: FindLaw.com - Indiana Code Title 31. Family Law and Juvenile Law § 31-34-5-1 - last updated January 01, 2026 | https://codes.findlaw.com/in/title-31-family-law-and-juvenile-law/in-code-sect-31-34-5-1/

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