1. (a) A juvenile court may not place a child who is a delinquent child under IC 31-37-2 in a shelter care facility that is located outside the child's county of residence unless:

   1. (1) placement of the child in a shelter care facility with adequate services located in the child's county of residence is unavailable; or
   2. (2) the child's county of residence does not have an appropriate shelter care facility with adequate services.

2. (b) A juvenile court may not place a child in a home or facility that is not a secure detention facility and that is located outside Indiana unless:

   1. (1) the placement is recommended or approved by the director of the department or the director's designee; or

   2. (2) the court makes written findings based on clear and convincing evidence that:

      1. (A) the out-of-state placement is appropriate because there is not an equivalent facility with adequate services located in Indiana;
      2. (B) institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship; or

      3. (C) the location of the home or facility is within a distance not more than fifty (50) miles from the county of residence of the child.

         [Pre-1997 Recodification Citation: 31-6-4-15.4(c).]

As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.649; P.L.46-2016, SEC.18; P.L.183-2017, SEC.56.