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Indiana Code Title 31. Family Law and Juvenile Law § 31-37-4-3

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Sec. 3. (a) This section applies if a child is arrested or taken into custody for allegedly committing an act that would be any of the following crimes if committed by an adult:

(1) Murder (IC 35-42-1-1).

(2) Attempted murder (IC 35-41-5-1).

(3) Voluntary manslaughter (IC 35-42-1-3).

(4) Involuntary manslaughter (IC 35-42-1-4).

(5) Reckless homicide (IC 35-42-1-5).

(6) Aggravated battery (IC 35-42-2-1.5).

(7) Battery (IC 35-42-2-1).

(8) Kidnapping (IC 35-42-3-2).

(9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8.

(10) Sexual misconduct with a minor (IC 35-42-4-9).

(11) Incest (IC 35-46-1-3).

(12) Robbery as a Level 2 felony or a Level 3 felony (IC 35-42-5-1).

(13) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony (IC 35-43-2-1).

(14) Assisting a criminal as a Level 5 felony (IC 35-44.1-2-5).

(15) Escape (IC 35-44.1-3-4) as a Level 4 felony or Level 5 felony.

(16) Trafficking with an inmate as a Level 5 felony (IC 35-44.1-3-5).

(17) Causing death or catastrophic injury when operating a vehicle (IC 9-30-5-5).

(18) Criminal confinement (IC 35-42-3-3) as a Level 2 or Level 3 felony.

(19) Arson (IC 35-43-1-1) as a Level 2 felony, Level 3 felony, or Level 4 felony.

(20) Possession, use, or manufacture of a weapon of mass destruction (IC 35-47-12-1) (before its repeal).

(21) Terroristic mischief (IC 35-47-12-3) as a Level 2 or Level 3 felony (before its repeal).

(22) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).

(23) A violation of IC 35-47.5 (controlled explosives) as a Level 2 felony, Level 3 felony, or Level 4 felony.

(24) A controlled substances offense under IC 35-48.

(25) A criminal organization offense under IC 35-45-9.

(26) Domestic battery (IC 35-42-2-1.3).

(27) A felony terrorist offense (as defined in IC 35-50-2-18).

(b) If a child is taken into custody under this chapter for a crime or act listed in subsection (a) or a situation to which IC 12-26-4-1 applies, the law enforcement agency that employs the law enforcement officer who takes the child into custody shall notify the chief administrative officer of the primary or secondary school, including a public or nonpublic school, in which the child is enrolled or, if the child is enrolled in a public school, the superintendent of the school district in which the child is enrolled:

(1) that the child was taken into custody;  and

(2) of the reason why the child was taken into custody.

(c) The notification under subsection (b) must occur within forty-eight (48) hours after the child is taken into custody.

(d) A law enforcement agency may not disclose information that is confidential under state or federal law to a school or school district under this section.

(e) A law enforcement agency shall include in its training for law enforcement officers training concerning the notification requirements under subsection (b).

Cite this article: - Indiana Code Title 31. Family Law and Juvenile Law § 31-37-4-3 - last updated June 08, 2021 |

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