Indiana Order Scheduling a Detention Hearing

State:
Indiana
Control #:
IN-AO-500
Format:
PDF
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Description

Order Scheduling a Detention Hearing

Indiana Order Scheduling a Detention Hearing is a process by which a juvenile court in Indiana orders a hearing to determine if a juvenile accused of committing a crime should be detained in a juvenile detention center or released on bond. The detention hearing is held in a juvenile court in the county where the juvenile resides. The judge will decide whether the juvenile should remain in custody or be released on bond while awaiting their trial. The Indiana Order Scheduling a Detention Hearing is an important step in the juvenile justice process. It allows the court to ensure that the juvenile is not a danger to society and will appear in court for their trial. There are two types of Indiana Order Scheduling a Detention Hearing: pre-trial detention hearing and post-trial detention hearing. A pre-trial detention hearing is held before a trial to determine if the juvenile should remain in custody or be released on bond. The judge will consider the juvenile’s criminal history, the nature of the crime, and the juvenile’s ability to follow court orders. A post-trial detention hearing is held after the trial to determine if the juvenile should remain in custody or be released on bond pending the outcome of the trial and/or sentencing. The judge will consider the seriousness of the crime, the juvenile’s criminal history, and the juvenile’s ability to follow court orders. In both pre-trial and post-trial detention hearings, the judge will consider the safety of the community, the juvenile’s age and maturity, and the juvenile’s mental health. The judge will also consider if the juvenile is likely to appear in court for their trial or sentencing. The decision of the judge will determine if the juvenile should remain in custody or be released on bond.

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FAQ

When a child is in danger, parents may be wondering how to file for emergency custody in Indiana. Parents can make a report with child services to prompt an investigation and an emergency child custody hearing.

Parents Rights When Dealing with DCS in Indiana DCS must inform you of them in writing when they file a petition or remove your child. The right to have a detention hearing held by a court within 48 hours after the child's removal from the home, and the right to request the return of the child at such hearing.

3 "days" per week, 8 hours on a non-work day and 3 hours on the other two days (the days should not be in a row) all scheduled holidays for 8 hours. one overnight per week if the visiting parent has taken care of the child regularly.

CPS can remove children from the home. They need to have a court order or be able to prove that the child is in imminent danger in order to remove a child. Imminent danger could include things like physical harm, sexual contact, neglect, or firearms left in the open.

Parental rights can refer to the right of a parent to child visitation, as well as the right to make legal, social, or financial decisions for a child. The Office of Family and Children in Indiana might file a petition to terminate parental rights if it deems this would be in the best interests of the child.

The Indiana Department of Child Services (DCS) will make assessment findings no later than 40 days from the date the Preliminary Report of Alleged Child Abuse or Neglect (SF 114) (310) was received.

Terms Used In Indiana Code > Title 31 > Article 37 > Chapter 18 - Dispositional Hearing. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly.

More info

Order Scheduling a Detention Hearing. Download Form (pdf, 259.At the conclusion of the detention hearing, the court shall enter a written order setting forth its findings pursuant to paragraph (C). Comment. When the court has determined that a detention hearing is warranted, it may consider evidence relating to a defendant's danger to the community. If the defendant cannot "post bail" (pay the money), the judge may order the defendant to be remanded into the custody of the U.S. Marshals pending trial. At the conclusion of the detention hearing, the magistrate judge will decide whether you will be detained or release. Argued January 20, 2021 Decided February 11, 2021. RABNER, C.J., writing for the Court. ORDER RE PREVENTATIVE. The clerk will notify the Respondent and schedule a hearing within 30 days.

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Indiana Order Scheduling a Detention Hearing