1. (a) The juvenile court shall release the child to the child's parent, guardian, or custodian. However, the court may order the child detained if the court makes written findings of fact upon the record of probable cause to believe that the child is a child in need of services and that any of the following factors applies:

   1. (1) Detention is necessary to protect the child.
   2. (2) The child is unlikely to appear before the juvenile court for subsequent proceedings.
   3. (3) The child has a reasonable basis for requesting that the child not be released.

   4. (4) The parent, guardian, or custodian:

      1. (A) cannot be located; or
      2. (B) is unable or unwilling to take custody of the child.

   5. (5) Consideration for the safety of the child precludes the use of family services to prevent removal of the child. In considering this factor, the court shall:

      1. (A) give great weight to evidence:

         1. (i) of the presence in the child's residence of; or

         2. (ii) that the child has been exposed to;

            a fentanyl containing substance or fentanyl related substance for which the child's parent, guardian, or custodian does not have a valid prescription; and

      2. (B) evaluate whether the evidence described in clause (A)(i) or (A)(ii) necessitates removal in consideration of the following factors:

         1. (i) The age of the child.
         2. (ii) Whether the child is particularly vulnerable to the harmful effects of the fentanyl containing substance or fentanyl related substance due to the child's medical or developmental condition.
         3. (iii) The risk of the child accidentally ingesting the fentanyl containing substance or fentanyl related substance.

2. (b) The juvenile court shall include in any order approving or requiring detention of a child all findings and conclusions required under:

   1. (1) applicable provisions of Title IV-E of the federal Social Security Act (42 U.S.C. 670 et seq.); or

   2. (2) any applicable federal regulation, including 45 CFR 1356.21;

      as a condition of eligibility of a child in need of services for assistance under Title IV-E or any other federal law.

3. (c) Inclusion in a juvenile court order of language approved and recommended by the judicial conference of Indiana, in relation to:

   1. (1) removal from the child's home; or

   2. (2) detention;

      of a child who is alleged to be, or adjudicated as, a child in need of services constitutes compliance with subsection (b).

      [Pre-1997 Recodification Citation: 31-6-4-6(g).]

As added by P.L.1-1997, SEC.17. Amended by P.L.146-2008, SEC.580; P.L.179-2025, SEC.12.