Emergency custody in Indiana describes a situation in which a child is removed from their home after it’s no longer considered safe for them to be there. Once the child has been removed, they are placed in protective custody until a hearing can be held on their welfare. The hearing is usually held within 48 hours of the emergency custody order being made, excluding weekends and holidays.
One thing to bear in mind is that “emergency custody” is often confused with emergency motions to modify parenting time. Such a petition is used in situations where time is of the essence, and the parent needs to petition the court for an expedited modification of parenting time. In this article, we will be discussing emergency custody orders.
What is an emergency custody order in Indiana?
Emergency custody orders describe situations in which a child is not safe in their home, and the child is, therefore, removed from the home. The child is then placed in protective emergency custody while they await an initial hearing within 48 hours.
An emergency custody order occurs when, prior to the completion of a child abuse investigation, the Indiana Department of Child Services or a law enforcement agency believes that removing a child is necessary to protect them from abuse or neglect. Once the child is removed, the department will make a complete written report of their assessment (Indiana Code 31-33-8-8)
Indiana Code 31-34-4 discusses the law concerning the temporary placement of a child taken into emergency custody in Indiana. The statute states that when a court orders the placement of a child in protective custody, the department responsible for that placement must first consider placing the child with a suitable relative or de facto guardian before considering an out-of-home placement. If a suitable and willing relative or de facto guardian is able to take the child in, the department must complete an evaluation based on a home visit and conduct a criminal background check on all individuals residing within the home.
If the individual with whom the child is placed has committed an act of child abuse or neglect, been convicted of a nonwaivable offense, or had a juvenile adjudication for an act that would be a nonwaivable offense (if committed by an adult), the child cannot be placed into that home. When considering placement of a child who needs an emergency custody order in Indiana, the department may approve an out-of-home placement if five years have passed since the person committed an act resulting in a report of child abuse or neglect. The department may also approve out-of-home placement if the person with whom the child stays has been convicted of:
- Battery
- Felony arson
- Felony criminal confinement
- Felony criminal recklessness
- Felony operating a motorboat while intoxicated
- Felonies related to controlled substances
- Felonies related to operating a vehicle while intoxicated
- Nonsupport of a dependent child
Talk to a Danville, IN, Child Custody Lawyer Today
Chris Arrington represents the interests of parents who are dealing with child custody issues. Call our office today to schedule an appointment, and we can begin discussing your issues right away.