Ind. Code » Title 31
Indiana Code

Ind. Code § 31-34-2-3 (2026)

Taking child into custody without court order; documentation

✓ current as of May 2026
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     Sec. 3. (a) If a law enforcement officer's action under section 2 of this chapter will not adequately protect the safety of the child, the child may be taken into custody by a law enforcement officer, probation officer, or caseworker acting with probable cause to believe the child is a child in need of services if:

(1) it appears that the child's physical or mental condition will be seriously impaired or seriously endangered if the child is not immediately taken into custody;

(2) there is not a reasonable opportunity to obtain an order of the court; and

(3) consideration for the safety of the child precludes the immediate use of family services to prevent removal of the child.

     (b) A probation officer or caseworker may take a child into custody only if the circumstances make it impracticable to obtain assistance from a law enforcement officer.

     (c) If a person takes a child into custody under this section, the person shall make written documentation not more than twenty-four (24) hours after the child is taken into custody as provided in section 6 of this chapter.

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

As added by P.L.1-1997, SEC.17.

 

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2011–2026 · leading case: Siliven v. Indiana Dep't of Child Servs., 635 F.3d 921 (7th Cir. 2011).
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Siliven v. Indiana Dep't of Child Servs., 635 F.3d 921 (7th Cir. 2011). “” Ind. Code § 31-34-2-3 (a)(l). A child is considered to be “in need of services” if “the child’s physical or mental health is seriously endangered due to injury by the act or omission of the child’s parent, guardian, or custodian.”
Nick McIlquham v. State of Indiana, 992 N.E.2d 904 (Ind. Ct. App. 2013). · cites it 2× “See Ind.Code § 31-34-2-3(a) (providing for placing a child in need of services into immediate custody when arrest of a ‘perpetrator’ is not possible or will not alleviate the child’s condition).”
In the Matter of R.L. (Minor Child) & J. R. (Mother) v. Indiana Dep't of Child Servs. & Child Advocates, Inc., 126 N.E.3d 864 (Ind. Ct. App. 2019). · cites it 2× “See I.C. § 31-34-2-3. [21] There was also information in the 2018 Preliminary Inquiry regarding Mother failing to provide formula for Child on February 8, 2018, and reports taken on February 26 and 28, 2018, regarding Mother's housing instability which supported DCS's…”
In the Matter of: J.W. & Ja.W., Child. in Need of Servs.: Z.W. (Father) v. The Indiana Dep't of Child Servs. (mem. dec.) (Ind. Ct. App. 2019). · cites it 3× “from the home without complying with Indiana Code sections 31-34-2-3 and 31-34-2-6. In making this contention, he argues that the detention order is not supported by evidence and that his constitutional rights were violated by DCS’s failure to comply with the above-cited…”
Just. v. Just., 303 F. Supp. 3d 923 (2018). “See Ind. Code § 31-34-2-3 . Accordingly, the first prong of the analysis is satisfied.”
CHINS: M V v. Indiana Dep't of Child Servs. (Ind. Ct. App. 2026). · cites it 2× “And pursuant to Indiana Code section 31-34-2-3(a)(3), where, among other requirements, “consideration for the safety of the child precludes the immediate Court of Appeals of Indiana | Opinion 25A-JC-1223 | April 16, 2026 Page 22 of 25 use of family services to prevent removal of…”
Riddle v. Indiana Dep't of Child Servs. (S.D. Ind. 2020). “§ 31-34-2-3. Probable cause is an absolute defense to § 1983 claims for false arrest and illegal seizure and arrest.”
In the Matter of S.L., & J.L., Child. Alleged to be Child. In Need of Servs., S.B.-L., Mother v. Indiana Dep't of Child Servs. (Ind. Ct. App. 2013). “Indiana Code Sections 31-34-2-3 and -4 pertain to taking custody of a child believed to be a CHINS: (1) to protect the child from a perpetrator arrested under Indiana Code Section 31-34-2-2 or (2) because the child is a missing child.”
Ind. Code § 31-34-2-3(a): 1 case
Nick McIlquham v. State of Indiana, 992 N.E.2d 904 (Ind. Ct. App. 2013). “See Ind.Code § 31-34-2-3(a) (providing for placing a child in need of services into immediate custody when arrest of a ‘perpetrator’ is not possible or will not alleviate the child’s condition).”
Ind. Code § 31-34-2-3(a)(3): 1 case
CHINS: M V v. Indiana Dep't of Child Servs. (Ind. Ct. App. 2026). “And pursuant to Indiana Code section 31-34-2-3(a)(3), where, among other requirements, “consideration for the safety of the child precludes the immediate Court of Appeals of Indiana | Opinion 25A-JC-1223 | April 16, 2026 Page 22 of 25 use of family services to prevent removal of…”
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