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LAW:
Emergency Custody of Certain Abandoned Children
Emergency
medical services provider taking custody of child
Sec. 1. (a) An emergency medical services provider shall, without
a court order, take custody of a child who is, or who appears
to be, not more than thirty (45) days of age if:
(1) the child is voluntarily left with the provider by the child's
parent; and
(2) the parent does not express an intent to return for the
child.
(b) An emergency medical services provider who takes custody
of a child under this section shall perform any act necessary
to protect the child's physical health or safety.
(C) any person who in good faith voluntarily leaves a child
with an emergency medial services provider is not obligated
to disclose the parent's name or their name.
As added by P.L. 133-2000, SEC.3. Amended by P.L.217--2001,
SEC. 5.
Notice to department of child services
Sec. 2. (a) Immediately after an emergency medical services
provider takes custody of a child under section 1 of this chapter,
the provider shall notify the department of child services that
the provider has taken custody of the child.
(b) The department of child services shall:
(1) assume the care, control, and custody of the child immediately
after receiving notice under subsection (a); and
(2) not later than forty-eight (48) hours after the department
of child services has taken custody of the child, contact the
Indiana clearinghouse for information on missing children established
by IC 10-13-5-5 to determine if the child has been reported
missing. As added by P.L 133-2000, SEC.3. Amended by P.L.217-2001,
SEC. 6; P.L.2-2003, SEC76; P.L.234-2005, SEC. 169.
Treatment as child taken into custody without court order
Sec. 3. A child for whom the the department of child services
assumes care, control, and custody under section 2 of this chapter,
shall be treated as a child taken into custody without a court
order, except that efforts to locate the child's parents or
reunify the child's family are not necessary, if the court makes
a finding to that effect under IC 31-34-21-5.6(b)(5).
As added by P.L.133-2000, SEC. 3.Amended by P.L.234-2005, SEC.170.
Duties of attorney for department of child services
Sec. 4. Whenever a child is taken into custody without a court
order under this chapter, the attorney for the department of
child services shall, without unnecessary delay, request the
juvenile court to:
(1) authorize the filing of a petition alleging that the child
is a child in need of services;
(2) hold an initial hearing under IC 31-34-10 not later than
the next business day after the child is taken into custody;
and
(3) appoint a guardian ad litem or a court appointed special
advocate for the child.
As added by P.L.133-2000, SEC.3. Amended by P.L.129-2005, SEC.5;
P.L.234-2005, SEC. 171.
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