Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 31-34-2.5
     Chapter 2.5. Emergency Custody of Certain Abandoned Children

IC 31-34-2.5-1
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 (30) 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 medical services provider is not obligated to disclose the parent's name or the person's name.
As added by P.L.133-2000, SEC.3. Amended by P.L.217-2001, SEC.5; P.L.128-2012, SEC.158.

IC 31-34-2.5-2
Notice to department of child services; department of child services' duties; notice to clearinghouse
    
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 and missing endangered adults 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, SEC.76; P.L.234-2005, SEC.169; P.L.43-2009, SEC.20.

IC 31-34-2.5-3
Treatment as child taken into custody without court order
    
Sec. 3. A child for whom 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.



IC 31-34-2.5-4
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.