reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 5. Child Taken Into Custody › 31-37-5-7. Suspension of Child's Driving Privileges; Reinstatement; Probationary Privileges; Removal From Record

Sec. 7. (a) If a child is alleged to have committed an act that would be an offense under IC 9-30-5 if committed by an adult, a juvenile court shall recommend the immediate suspension of the child's driving privileges as provided in IC 9-30-5. If a court recommends suspension of a child's driving privileges under this section, the bureau of motor vehicles shall comply with the recommendation of suspension as provided in IC 9-30-6-12.
(b) If a court recommends suspension of a child's driving privileges under this section, the court may order the bureau of motor vehicles to reinstate the child's driving privileges as provided in IC 9-30-6-11.
(c) If a juvenile court orders the bureau of motor vehicles to reinstate a child's driving privileges under subsection (b), the bureau shall comply with the order. Unless the order for reinstatement is issued as provided under IC 9-30-6-11(a)(2) because of a violation of the speedy trial provisions applicable to the juvenile court, the bureau shall also do the following:
(1) Remove any record of the suspension from the bureau's record keeping system.
(2) Reinstate the privileges without cost to the person.
(d) If a juvenile court orders a suspension under this section and the child did not refuse to submit to a chemical test offered under IC 9-30-6-2 during the investigation of the delinquent act that would have been an offense under IC 9-30-5 if committed by an adult, the juvenile court may grant the child specialized driving privileges in conformity with the procedures in IC 9-30-16.
(e) If a proceeding described in this section is terminated in favor of the child and the child did not refuse to submit to a chemical test offered as provided under IC 9-30-6-2 during the investigation of the delinquent act that would be an offense under IC 9-30-5 if committed by an adult, the bureau shall remove any record of the suspension, including the reasons for the suspension, from the child's official driving record.
(f) The bureau of motor vehicles may adopt rules under IC 4-22-2 to carry out this section.
As added by P.L.32-2000, SEC.20. Amended by P.L.217-2014, SEC.183.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 6. Detention Hearing › 31-37-6-1. Application of Chapter

Sec. 1. (a) This chapter applies only to a child alleged to be a delinquent child.
(b) This chapter does not apply to a child less than twelve (12) years of age unless:
(1) the child poses an imminent risk of harm to the community; or
(2) the court makes a written finding that detention is essential to protect the community and no reasonable alternatives exist to reduce the risk.
[Pre-1997 Recodification Citation: 31-6-4-5(a) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.101-2022, SEC.12.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 6. Detention Hearing › 31-37-6-2. Time for Hearing

Sec. 2. If a child is not released, a detention hearing shall be held not later than forty-eight (48) hours, excluding Saturdays, Sundays, and legal holidays, after the child is taken into custody.
[Pre-1997 Recodification Citation: 31-6-4-5(f) part.]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 6. Detention Hearing › 31-37-6-3. Notice; Court Duties

Sec. 3. (a) Notice of the time, place, and purpose of a detention hearing shall be given to:
(1) the child;
(2) the child's parent, guardian, or custodian if the person can be located; and
(3) each foster parent or other caretaker with whom the child has been placed for temporary care under IC 31-37-5.
(b) The court shall:
(1) provide a person who is required to be notified under subsection (a)(2) or (a)(3) an opportunity to be heard; and
(2) allow a person described in subdivision (1) to make recommendations to the court;
at the detention hearing.
[Pre-1997 Recodification Citation: 31-6-4-5(f) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.138-2007, SEC.81.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 6. Detention Hearing › 31-37-6-4. Release if Detention Hearing Not Timely Held

Sec. 4. If a detention hearing is not held before the time specified by section 2 of this chapter, the child shall be released.
[Pre-1997 Recodification Citation: 31-6-4-5(f) part.]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 6. Detention Hearing › 31-37-6-5. Notice of Legal Rights; Appointment of Counsel

Sec. 5. The juvenile court:
(1) shall inform the child and the child's parent, guardian, or custodian of the child's right to counsel and to refrain from testifying against himself or herself; and
(2) may appoint counsel under IC 31-32-4.
[Pre-1997 Recodification Citation: 31-6-4-5(f) part.]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 6. Detention Hearing › 31-37-6-7. Order to Appear for Additional Detention Hearing

Sec. 7. Upon the juvenile court's own motion or upon the motion of the person representing the interests of the state, a child who has been released may be ordered to appear for an additional detention hearing.
[Pre-1997 Recodification Citation: 31-6-4-5(h).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 6. Detention Hearing › 31-37-6-8. Petition for Additional Detention Hearing

Sec. 8. A child detained under section 6 or 7 of this chapter may petition the juvenile court for an additional detention hearing.
[Pre-1997 Recodification Citation: 31-6-4-5(i).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 6. Detention Hearing › 31-37-6-9. Release on Bail

Sec. 9. A child may not be released on bail except as provided by IC 31-30-3.
[Pre-1997 Recodification Citation: 31-6-4-5(j).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 6. Detention Hearing › 31-37-6-10. Surrender of Child's Driver's License as Condition of Release

Sec. 10. The juvenile court may require a child to surrender the child's driver's license as a condition of release to ensure the child's appearance at subsequent proceedings.
[Pre-1997 Recodification Citation: 31-6-4-5(k).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 7. Detention of Alleged Delinquent Child › 31-37-7-1. Detention in Certain Facilities, Camps, or Schools Prohibited

Sec. 1. A child alleged to be a delinquent child under IC 31-37-2, except as provided in section 3 of this chapter, may not be held in:
(1) a secure facility; or
(2) a shelter care facility, a forestry camp, or a training school that houses persons charged with, imprisoned for, or incarcerated for crimes.
[Pre-1997 Recodification Citation: 31-6-4-6.5(a) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.625.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 7. Detention of Alleged Delinquent Child › 31-37-7-2. Detention of Child Committing Acts That Would Be Offenses if Committed by Adults

Sec. 2. A child alleged to be a delinquent child under IC 31-37-1 may be held in either of the following:
(1) A secure facility for not more than six (6) hours upon arrest for the limited purposes of:
(A) identification;
(B) processing;
(C) interrogation;
(D) transfer to a juvenile detention facility; or
(E) release to parents.
If the child is detained in a secure facility, the child shall be restricted to an area of the facility in which the child has not more than haphazard or incidental sight or sound contact with persons charged with, imprisoned for, or incarcerated for crimes.
(2) A juvenile detention facility.
[Pre-1997 Recodification Citation: 31-6-4-6.5(b).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 7. Detention of Alleged Delinquent Child › 31-37-7-3. Detention of Child Leaving Home Without Permission of Parent, Guardian, or Custodian

Sec. 3. A child alleged to be a delinquent child because of an act under IC 31-37-2-2 may be held in a juvenile detention facility for:
(1) not more than twenty-four (24) hours before; and
(2) not more than twenty-four (24) hours immediately after;
the initial court appearance, not including Saturdays, Sundays, and nonjudicial days.
[Pre-1997 Recodification Citation: 31-6-4-6.5(c).]
As added by P.L.1-1997, SEC.20. Amended by P.L.58-2004, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 7. Detention of Alleged Delinquent Child › 31-37-7-4. Placement in Facility Located Outside Child's County of Residence

Sec. 4. A court may not place a child in:
(1) a community based correctional facility for children;
(2) a juvenile detention facility;
(3) a secure facility;
(4) a secure private facility; or
(5) a shelter care facility;
that is located outside the child's county of residence unless placement of the child in a comparable facility with adequate services located in the child's county of residence is unavailable or the child's county of residence does not have an appropriate comparable facility with adequate services.
[Pre-1997 Recodification Citation: 31-6-4-6.5(e) part.]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 8. Information About Delinquent Children, Investigation, and Preliminary Inquiry › 31-37-8-1. Receipt and Forwarding of Information Concerning Delinquent Child; Preliminary Inquiry

Sec. 1. (a) A person may give an intake officer or a prosecuting attorney written information indicating that a child is a delinquent child.
(b) If the information is given to the intake officer, the intake officer shall:
(1) immediately forward the information to the prosecuting attorney;
(2) complete a dual status screening tool on the child, as described in IC 31-41-1-3; and
(3) complete a risk screening tool on the child.
(c) If the prosecuting attorney has reason to believe the child has committed a delinquent act, the prosecuting attorney shall instruct the intake officer to make a preliminary inquiry, which includes the use of a risk screening tool, to determine whether the interests of the public or of the child require further action.
[Pre-1997 Recodification Citation: 31-6-4-7(a).]
As added by P.L.1-1997, SEC.20. Amended by P.L.66-2015, SEC.9; P.L.101-2022, SEC.14.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 8. Information About Delinquent Children, Investigation, and Preliminary Inquiry › 31-37-8-2. Contents of Preliminary Inquiry

Sec. 2. A preliminary inquiry is an informal investigation into the facts and circumstances reported to the court. Whenever practicable, the preliminary inquiry should include the following information:
(1) The child's background.
(2) The child's current status.
(3) The child's school performance.
(4) If the child has been detained:
(A) efforts made to prevent removal of the child from the child's home, including the identification of any emergency situation that prevented reasonable efforts to avoid removal;
(B) whether it is in the best interests of the child to be removed from the home environment; and
(C) whether remaining in the home would be contrary to the health and welfare of the child.
(5) The results of a dual status screening tool to determine whether the child is a dual status child, as described in IC 31-41-1-2.
(6) The results of a risk screening tool conducted on the child to inform diversion decisions.
[Pre-1997 Recodification Citation: 31-6-4-7(b).]
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.626; P.L.66-2015, SEC.10; P.L.101-2022, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 8. Information About Delinquent Children, Investigation, and Preliminary Inquiry › 31-37-8-3. Notice of Conduct and Nature of Preliminary Inquiry

Sec. 3. If a parent, guardian, or custodian of a child seeks information concerning a preliminary inquiry, the person shall be notified:
(1) whether a preliminary inquiry is being made; and
(2) if so, the nature of the inquiry.
[Pre-1997 Recodification Citation: 31-6-4-7(c).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 8. Information About Delinquent Children, Investigation, and Preliminary Inquiry › 31-37-8-4. Advisement Required for Child Interview

Sec. 4. If a child interview occurs, the intake officer shall advise the child and the child's parent, guardian, or custodian of the following:
(1) The nature of the allegations against the child.
(2) That the intake officer is conducting a preliminary inquiry to assist the prosecuting attorney in determining whether a petition should be filed alleging that the child is a delinquent child.
(3) That the intake officer will recommend whether to:
(A) file a petition;
(B) file a petition and recommend that the child be referred for an assessment by a dual status assessment team as described in IC 31-41;
(C) refer the child to juvenile diversion as described in IC 31-37-8.5;
(D) refer the child to juvenile diversion as described in IC 31-37-8.5 and recommend that the child be referred for an assessment by the dual status assessment team as described in IC 31-41-1-5;
(E) informally adjust the case;
(F) informally adjust the case and recommend that the child be referred for an assessment by the dual status assessment team as described in IC 31-41-1-5;
(G) refer the child to another agency; or
(H) dismiss the case.
(4) That the child has a right to remain silent.
(5) That anything the child says may be used against the child in subsequent judicial proceedings.
(6) That the child has a right to consult with an attorney before the child talks with the intake officer.
(7) That the child has a right to stop at any time and consult with an attorney.
(8) That the child has a right to stop talking with the intake officer at any time.
(9) That if the child cannot afford an attorney, the court will appoint an attorney for the child.
[Pre-1997 Recodification Citation: 31-6-4-7(d).]
As added by P.L.1-1997, SEC.20. Amended by P.L.66-2015, SEC.11; P.L.101-2022, SEC.16.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 8. Information About Delinquent Children, Investigation, and Preliminary Inquiry › 31-37-8-4.5. Privileged Communication to a Mental Health Evaluator; Exceptions

Sec. 4.5. (a) This section applies only to a court ordered or voluntary mental health:
(1) screening;
(2) assessment;
(3) evaluation; or
(4) treatment;
provided by or under the direction of an evaluator, as defined in IC 31-9-2-43.8, in conjunction with proceedings under this chapter.
(b) Notwithstanding section 4(5) of this chapter and except as provided in subsection (d) and except for purposes of:
(1) a probation revocation proceeding; or
(2) a modification of a dispositional decree under IC 31-37-22;
a statement communicated to an evaluator in the evaluator's official capacity may not be admitted as evidence against the child on the issue of whether the child committed a delinquent act or a crime.
(c) This section does not affect the admissibility of evidence when a juvenile interposes the defense of insanity.
(d) This section does not affect a disclosure or reporting requirement in effect on July 1, 2007, under statute or in case law regarding a statement that:
(1) relates directly to the facts or immediate circumstances of a homicide; or
(2) reveals that the child may intend to commit a crime.
As added by P.L.120-2007, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 8. Information About Delinquent Children, Investigation, and Preliminary Inquiry › 31-37-8-5. Provision of Copies of Preliminary Inquiry and Recommendation

Sec. 5. (a) The intake officer shall do the following:
(1) Send the prosecuting attorney a copy of the preliminary inquiry.
(2) Recommend whether to:
(A) file a petition;
(B) file a petition and recommend that the child be referred for an assessment by a dual status assessment team as described in IC 31-41-1-5;
(C) refer the child to juvenile diversion;
(D) refer the child to juvenile diversion as described in IC 31-37-8.5 and recommend that the child be referred for an assessment by the dual status assessment team as described in IC 31-41-1-5;
(E) informally adjust the case;
(F) informally adjust the case and recommend that the child be referred for an assessment by a dual status assessment team as described in IC 31-41-1-5;
(G) refer the child to another agency; or
(H) dismiss the case.
(b) The prosecuting attorney and the court may agree to alter the procedure described in subsection (a).
[Pre-1997 Recodification Citation: 31-6-4-7(e).]
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006, SEC.337; P.L.146-2008, SEC.627; P.L.66-2015, SEC.12; P.L.101-2022, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 8. Information About Delinquent Children, Investigation, and Preliminary Inquiry › 31-37-8-6. Decision Whether to File Petition

Sec. 6. The prosecuting attorney shall decide whether to file a petition.
[Pre-1997 Recodification Citation: 31-6-4-7(f).]
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.628.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 8.5. Juvenile Diversion › 31-37-8.5-1. Procedure for Juvenile Diversion

Sec. 1. (a) As used in this chapter, under the policies on juvenile diversion established by the statewide juvenile justice oversight body described in IC 2-5-36-9.3, "juvenile diversion" means:
(1) a decision made by the prosecutor that results in legal action not being taken against a child, and instead provides or refers a child to juvenile probation or a community based organization for supervision and services, as necessary; and
(2) an effort to prevent further involvement of the child in the formal legal system.
(b) As used in this chapter, "restorative justice services" means services focused on repairing the harm caused to victims and the community as a result of a child's behavior.
(c) As part of the preliminary inquiry described in IC 31-37-8, the intake officer shall use a validated risk screening tool to inform its recommendation to the prosecutor.
(d) Results from the risk screening tool and the intake officer's recommendation described in subsection (c) shall be made available to the prosecutor to inform a recommendation for participation in juvenile diversion.
(e) After the preliminary inquiry, which includes use of a risk screening tool, and prior to a petition being filed, the intake officer may recommend to the prosecuting attorney that the child participate in juvenile diversion if the intake officer has probable cause to believe that the child is a delinquent child.
(f) Information obtained:
(1) from the risk screening tool described in subsection (c); and
(2) in the course of any screening, including any admission, confession, or incriminating evidence;
from a child in the course of any screening or assessment in conjunction with the proceedings under this chapter is not admissible into evidence in any factfinding hearing in which the child is accused. The child is not subject to subpoena, any other court proceeding, or any other purpose described in this section.
(g) If the prosecuting attorney approves a child's participation in juvenile diversion described in subsection (a), juvenile probation, as part of a child's juvenile diversion program, may:
(1) refer a child to community based programs or service providers, if necessary;
(2) provide case management and service coordination;
(3) provide assistance with barriers to completion; and
(4) monitor progress;
so the child can complete the terms of juvenile diversion offered to the child.
As added by P.L.101-2022, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 8.5. Juvenile Diversion › 31-37-8.5-2. Consent

Sec. 2. The child and the child's parent, guardian, custodian, or attorney must consent to the child's participation in juvenile diversion.
As added by P.L.101-2022, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 8.5. Juvenile Diversion › 31-37-8.5-5. Program Completion

Sec. 5. (a) If the child successfully completes the terms of diversion, a petition shall not be filed with the court and no further action shall be taken.
(b) If the child fails to complete the terms of diversion or commits a new offense, juvenile probation shall inform the prosecuting attorney at least fourteen (14) days prior to the end of the child's juvenile diversion.
(c) If the child fails to complete the terms of the juvenile diversion described in this chapter, the prosecuting attorney may petition the juvenile court for authorization to file a delinquency petition.
(d) Unless a delinquency petition is filed as described in subsection (c), the prosecuting attorney shall close the child's file in regard to the diverted matter not later than six (6) months after the date the diversion is initiated.
As added by P.L.101-2022, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 8.5. Juvenile Diversion › 31-37-8.5-6. Collection of Data; Annual Report

Sec. 6. (a) A local probation department shall collect individual data on any child diverted through juvenile diversion described in this chapter, including:
(1) demographic data on age, race, ethnicity, and gender;
(2) risk screening information;
(3) offense;
(4) service participation; and
(5) outcome and completion data;
and report the information to the office of judicial administration on an annual basis.
(b) The office of judicial administration shall provide an annual report that includes the information described in subsection (a). The report shall be provided to the governor, the chief justice, and the legislative council before December 1 of each year. The report provided to the legislative council must be in an electronic format under IC 5-14-6.
As added by P.L.101-2022, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 9. Program of Informal Adjustment › 31-37-9-1. Informal Adjustment; Implementation of Program

Sec. 1. After the preliminary inquiry and upon approval by the juvenile court, the intake officer may implement a program of informal adjustment if the officer has probable cause to believe that the child is a delinquent child. Results of a risk screening tool shall be used to inform recommendations for the use of informal adjustment.
[Pre-1997 Recodification Citation: 31-6-4-12(a) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.629; P.L.46-2016, SEC.17; P.L.101-2022, SEC.19.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 9. Program of Informal Adjustment › 31-37-9-2. Consent; Payment for Services

Sec. 2. The child and the child's parent, guardian, custodian, or attorney must consent to the program of informal adjustment. Before payment for services to the family may be paid, written consent must also be obtained from the department.
[Pre-1997 Recodification Citation: 31-6-4-12(b) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.630.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 9. Program of Informal Adjustment › 31-37-9-3. Petition for Compliance

Sec. 3. If:
(1) the child is an alleged delinquent child; and
(2) the child's parent, guardian, or custodian fails to participate in the program of informal adjustment;
the probation department or the department may file a petition for compliance.
[Pre-1997 Recodification Citation: 31-6-4-12(b) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006, SEC.338.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 9. Program of Informal Adjustment › 31-37-9-4. Notice, Hearing, and Order for Compliance; Contempt

Sec. 4. (a) Upon the filing of a petition for compliance and after notice and a hearing on the petition for compliance, the juvenile court may order the parent, guardian, or custodian of a child to participate in a program of informal adjustment implemented under section 1 of this chapter.
(b) A parent, guardian, or custodian who fails to participate in a program of informal adjustment ordered by the court may be found in contempt of court.
[Pre-1997 Recodification Citation: 31-6-4-12(c) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.631.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 9. Program of Informal Adjustment › 31-37-9-5. Repealed

[Pre-1997 Recodification Citation: 31-6-4-12(d) part.]
As added by P.L.1-1997, SEC.20. Repealed by P.L.197-1997, SEC.29.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 9. Program of Informal Adjustment › 31-37-9-6. Repealed

[Pre-1997 Recodification Citation: 31-6-4-12(e) part.]
As added by P.L.1-1997, SEC.20. Repealed by P.L.197-1997, SEC.29.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 9. Program of Informal Adjustment › 31-37-9-7. Duration of Program

Sec. 7. A program of informal adjustment may not exceed six (6) months.
[Pre-1997 Recodification Citation: 31-6-4-12(f) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.632; P.L.101-2022, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 9. Program of Informal Adjustment › 31-37-9-8. Repealed

[Pre-1997 Recodification Citation: 31-6-4-12(g) part.]
As added by P.L.1-1997, SEC.20. Repealed by P.L.197-1997, SEC.29.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 9. Program of Informal Adjustment › 31-37-9-9. Repealed

[Pre-1997 Recodification Citation: 31-6-4-12(h) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.98-2004, SEC.114. Repealed by P.L.101-2022, SEC.21.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 9. Program of Informal Adjustment › 31-37-9-10. Repealed

[Pre-1997 Recodification Citation: 31-6-4-12(i) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.98-2004, SEC.115. Repealed by P.L.101-2022, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 10. Filing of Petition Alleging That Child Is Delinquent Child › 31-37-10-1. Standing

Sec. 1. The prosecuting attorney may file a petition alleging that a child is a delinquent child.
[Pre-1997 Recodification Citation: 31-6-4-9(a).]
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.633.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 10. Filing of Petition Alleging That Child Is Delinquent Child › 31-37-10-2. Approval of Filing of Petition

Sec. 2. The juvenile court shall do the following:
(1) Consider the preliminary inquiry and the evidence of probable cause.
(2) Approve the filing of a petition if there is probable cause to believe that:
(A) the child is a delinquent child; and
(B) it is in the best interests of the child or the public that the petition be filed.
[Pre-1997 Recodification Citation: 31-6-4-9(b).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 10. Filing of Petition Alleging That Child Is Delinquent Child › 31-37-10-3. Petition; Verification and Contents

Sec. 3. A petition must:
(1) be verified;
(2) be entitled "In the Matter of __________, a Child Alleged to be a Delinquent Child"; and
(3) contain the following information:
(A) A citation to the provision of the juvenile law that gives the juvenile court jurisdiction in the proceeding.
(B) A citation to the statute that the child is alleged to have violated.
(C) A concise statement of the facts upon which the allegations are based, including the date and location at which the alleged act occurred.
(D) The child's name, birth date, and residence address if known.
(E) The name and residence address of the child's parent, guardian, or custodian if known.
(F) The name and title of the person signing the petition.
[Pre-1997 Recodification Citation: 31-6-4-9(c).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 10. Filing of Petition Alleging That Child Is Delinquent Child › 31-37-10-4. Error in or Omission of Citation; Effect

Sec. 4. Error in a citation or the omission of a citation is ground for:
(1) dismissal of the petition; or
(2) reversal of the adjudication;
only if the error or omission misleads the child to the child's prejudice.
[Pre-1997 Recodification Citation: 31-6-4-9(d).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 10. Filing of Petition Alleging That Child Is Delinquent Child › 31-37-10-5. Written Request That Child Be Taken Into Custody; Finding

Sec. 5. (a) If the filing of a petition is approved by the court under section 2 of this chapter, the prosecuting attorney may request in writing that the child be taken into custody. The person must support this request with sworn testimony or affidavit.
(b) The court may grant the request if the court makes written findings of fact upon the record that a ground for detention exists under IC 31-37-6-6.
[Pre-1997 Recodification Citation: 31-6-4-9(e).]
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.634.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 10. Filing of Petition Alleging That Child Is Delinquent Child › 31-37-10-6. Detention Hearing

Sec. 6. If the juvenile court grants the request to have the child taken into custody, the court shall proceed in accordance with IC 31-37-6.
[Pre-1997 Recodification Citation: 31-6-4-9(f).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 10. Filing of Petition Alleging That Child Is Delinquent Child › 31-37-10-7. Parties

Sec. 7. The:
(1) child;
(2) child's parent, guardian, or custodian; and
(3) prosecuting attorney;
are parties to the proceedings described in the juvenile law and have all rights of parties provided under the Indiana Rules of Trial Procedure.
[Pre-1997 Recodification Citation: 31-6-4-9(g).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 10. Filing of Petition Alleging That Child Is Delinquent Child › 31-37-10-8. Motion to Dismiss by Person Representing State's Interests

Sec. 8. Upon motion by the person representing the interests of the state, the juvenile court shall dismiss any petition the person has filed.
[Pre-1997 Recodification Citation: 31-6-4-11.]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 11. Time Limits for Petitions; Motions for Continuance › 31-37-11-1. Time for Filing Petition Alleging Delinquency of Child in Detention

Sec. 1. If a child is in detention, a petition alleging delinquency must be filed not later than seven (7) days, excluding Saturdays, Sundays, and legal holidays, after the child is taken into custody.
[Pre-1997 Recodification Citation: 31-6-7-6(a).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 11. Time Limits for Petitions; Motions for Continuance › 31-37-11-2. Time for Factfinding Hearing or Waiver Hearing

Sec. 2. (a) If:
(1) a child is in detention; and
(2) a petition has been filed;
a fact-finding hearing or a waiver hearing must be commenced not later than twenty (20) days, excluding Saturdays, Sundays, and legal holidays, after the petition is filed.
(b) If:
(1) a child is not in detention; and
(2) a petition has been filed;
the hearing must be commenced not later than sixty (60) days, excluding Saturdays, Sundays, and legal holidays, after the petition is filed.
(c) A child who is ordered detained in the home of the child's parent, guardian, or custodian or who is subject to other conditions of release under IC 31-37-6-6 may not be considered as being detained for purposes of this section.
[Pre-1997 Recodification Citation: 31-6-7-6(b).]
As added by P.L.1-1997, SEC.20. Amended by P.L.188-1999, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 11. Time Limits for Petitions; Motions for Continuance › 31-37-11-3. Waiver Denied; Time for Factfinding Hearing

Sec. 3. If waiver is denied, the factfinding hearing must be commenced not later than ten (10) days, excluding Saturdays, Sundays, and legal holidays, after the denial.
[Pre-1997 Recodification Citation: 31-6-7-6(c).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 11. Time Limits for Petitions; Motions for Continuance › 31-37-11-4. Waiver Granted; Computation of Time

Sec. 4. If waiver is granted, the computation of time under Criminal Rule 4 commences on the date of the waiver order.
[Pre-1997 Recodification Citation: 31-6-7-6(d).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 11. Time Limits for Petitions; Motions for Continuance › 31-37-11-5. Answer to Petition Alleging Delinquency Exceeding One Year in Aggregate

Sec. 5. A child may not be required to answer a petition alleging that the child is a delinquent child for more than one (1) year in aggregate.
[Pre-1997 Recodification Citation: 31-6-7-6(e).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 11. Time Limits for Petitions; Motions for Continuance › 31-37-11-6. Effect of Continuances and Actions of Child on Computation of Time

Sec. 6. Times specified in sections 2 and 3 of this chapter shall be computed excluding delays resulting from any of the following:
(1) Continuances granted on the child's motion.
(2) The actions of the child.
(3) Congestion of the court calendar if the prosecuting attorney moves for a continuance not later than three (3) days before the hearing, except that a motion may be filed less than three (3) days before the hearing if the prosecuting attorney shows that the delay was not the fault of the state.
[Pre-1997 Recodification Citation: 31-6-7-6(f).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 11. Time Limits for Petitions; Motions for Continuance › 31-37-11-7. Release for Noncompliance With Time Limits

Sec. 7. If:
(1) a child is in detention; and
(2) the times in sections 1, 2, and 3 of this chapter are not followed;
the child shall be released on the child's own recognizance or to the child's parents, guardian, or custodian.
[Pre-1997 Recodification Citation: 31-6-7-6(g).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 11. Time Limits for Petitions; Motions for Continuance › 31-37-11-8. Prosecuting Attorney's Motion for Continuance Because of Absence of Witness

Sec. 8. (a) If a child moves for discharge, the prosecuting attorney may move for a continuance of the factfinding hearing or waiver hearing because of the absence of a witness if the prosecuting attorney makes an official statement:
(1) setting forth the name and address of the witness if known;
(2) indicating the probability of procuring the witness's testimony within a reasonable time;
(3) showing that the absence of the witness has not been procured by the act of the prosecuting attorney;
(4) stating the facts to which the prosecuting attorney believes the witness will testify and the prosecuting attorney's belief that the facts are true; and
(5) stating that the prosecuting attorney is unable to prove the facts specified under subdivision (4) through the use of any other witness whose testimony may be as readily procured.
(b) Upon the child's request, the court shall order that the prosecuting attorney's motion and official statement be made in writing.
[Pre-1997 Recodification Citation: 31-6-7-6(h).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 11. Time Limits for Petitions; Motions for Continuance › 31-37-11-9. Order for Continuance; Grounds; Discharge for Failure to Timely Commence Hearing

Sec. 9. (a) Upon a motion for a continuance under section 8 of this chapter, the court may continue the factfinding hearing or the waiver hearing for not more than ninety (90) days. However, the hearing may not be continued if, after the prosecuting attorney moves for the continuance as the result of:
(1) a witness's absence, the child admits that the absent witness would testify to the facts alleged in the prosecuting attorney's official statement; or
(2) the unavailability of written or documentary evidence, the child admits that the written or documentary evidence exists.
(b) If the hearing is not commenced within the ninety (90) day period required by this section, the court shall discharge the child.
[Pre-1997 Recodification Citation: 31-6-7-6(i).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 11. Time Limits for Petitions; Motions for Continuance › 31-37-11-10. Child Causing Delay; Extension of Time Period

Sec. 10. (a) Except as provided in subsection (b), if:
(1) a continuance is granted on a child's motion; or
(2) the proceedings are delayed by a child's act;
a time period is extended by the amount of the resulting delay.
(b) If a child causes a delay during the last thirty (30) days of a time period, the state may petition the court for an additional thirty (30) day extension.
[Pre-1997 Recodification Citation: 31-6-7-6(j).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 11. Time Limits for Petitions; Motions for Continuance › 31-37-11-11. Competency; Time for Factfinding Hearing

Sec. 11. If a child is found to be competent after a competency evaluation is ordered, the factfinding hearing must be commenced within the period specified by section 2 of this chapter. The date the petition is considered to be filed is the date when the child is found to be competent.
As added by P.L.157-2021, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 12. Initial Hearing and Issuance of Summons › 31-37-12-1. Application of Chapter

Sec. 1. This chapter applies only to a child alleged to be a delinquent child.
[Pre-1997 Recodification Citation: 31-6-4-13(a).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 12. Initial Hearing and Issuance of Summons › 31-37-12-2. Initial Hearing; Service of Petition and Summons; Notice; Determination of Referral for Dual Status Assessment

Sec. 2. (a) The juvenile court shall hold an initial hearing on each petition.
(b) The juvenile court shall set a time for the initial hearing. A summons shall be issued for the following:
(1) The child.
(2) The child's parent, guardian, custodian, or guardian ad litem.
(3) Any other person necessary for the proceedings.
(c) A copy of the petition must accompany each summons. The clerk shall issue the summons under Rule 4 of the Indiana Rules of Trial Procedure.
(d) The prosecuting attorney or the probation department of the juvenile court shall provide notice of the time, place, and purpose of the initial hearing scheduled or held under this section to each foster parent or other caretaker with whom the child has been placed for temporary care under IC 31-37-5 or IC 31-37-7. The court shall:
(1) provide a:
(A) person for whom a summons is required to be issued under subsection (b); and
(B) person required to be notified under this subsection;
an opportunity to be heard; and
(2) allow a person described in subdivision (1) to make recommendations to the court;
at the initial hearing.
(e) The juvenile court shall determine if a child should be referred for an assessment by a dual status assessment team as described in IC 31-41. In making its determination, the court shall consider the length of time since the delinquent act or the incident of abuse or neglect.
(f) If the court refers the child for an assessment by a dual status assessment team, the court shall schedule an additional initial hearing on the petition if the court refers a child to be assessed by a dual status assessment team unless the court:
(1) grants an extension of time due to extraordinary circumstances; and
(2) states the extraordinary circumstances in a written court order.
[Pre-1997 Recodification Citations: 31-6-4-13(b); 31-6-7-4 part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.138-2007, SEC.82; P.L.66-2015, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 12. Initial Hearing and Issuance of Summons › 31-37-12-3. Representation by Counsel; Waiver; Appointment

Sec. 3. (a) Before complying with the other requirements of this section, the juvenile court shall first determine whether counsel has been:
(1) waived under IC 31-32-5; or
(2) previously obtained.
(b) If counsel has not been waived or previously obtained, the juvenile court shall appoint counsel under IC 31-32-4.
[Pre-1997 Recodification Citation: 31-6-4-13(c).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 12. Initial Hearing and Issuance of Summons › 31-37-12-4. Waiver of Jurisdiction

Sec. 4. The court shall next determine whether the prosecuting attorney intends to seek a waiver of jurisdiction under IC 31-30-3. If a waiver is sought, the court:
(1) may not accept an admission or a denial of the allegations from the child under section 9 of this chapter; and
(2) shall do the following:
(A) Schedule a waiver hearing.
(B) Advise the child according to section 5 of this chapter.
[Pre-1997 Recodification Citation: 31-6-4-13(d).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 12. Initial Hearing and Issuance of Summons › 31-37-12-5. Duty to Inform Child and Parent, Guardian, or Custodian Regarding Nature of Allegations, Child's Legal Rights, Jurisdiction, and Dispositional Alternatives

Sec. 5. The juvenile court shall inform the child and the child's parent, guardian, or custodian, if the person is present, of the following:
(1) The nature of the allegations against the child.
(2) The child's right to the following:
(A) Be represented by counsel.
(B) Have a speedy trial.
(C) Confront witnesses against the child.
(D) Cross-examine witnesses against the child.
(E) Obtain witnesses or tangible evidence by compulsory process.
(F) Introduce evidence on the child's own behalf.
(G) Refrain from testifying against himself or herself.
(H) Have the state prove beyond a reasonable doubt that the child committed the delinquent act charged.
(3) The possibility of waiver to a court having criminal jurisdiction.
(4) The dispositional alternatives available to the juvenile court if the child is adjudicated a delinquent child.
[Pre-1997 Recodification Citation: 31-6-4-13(e).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 12. Initial Hearing and Issuance of Summons › 31-37-12-6. Duty to Inform Parent or Guardian of Estate of Effect of Adjudication

Sec. 6. The juvenile court shall inform the parent or guardian of the estate of the following if a child is adjudicated a delinquent child:
(1) The parent, guardian, or custodian of the child may be required to participate in a program of care, treatment, or rehabilitation for the child.
(2) The parent or guardian may be held financially responsible for services provided for the child or the parent or guardian.
(3) The parent, guardian, or custodian of the child may controvert:
(A) an allegation made at the dispositional or other hearing concerning the participation of the parent, guardian, or custodian; or
(B) an allegation concerning the financial responsibility of the parent, guardian, or custodian for services that would be provided.
[Pre-1997 Recodification Citation: 31-6-4-13(f).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 12. Initial Hearing and Issuance of Summons › 31-37-12-7. Child's Admission or Denial of Allegations

Sec. 7. (a) If:
(1) the prosecuting attorney has not requested that the juvenile court waive the court's jurisdiction; or
(2) a waiver has been requested and denied;
the juvenile court shall determine whether a child admits or denies the allegations of a petition.
(b) A failure to respond constitutes a denial.
[Pre-1997 Recodification Citation: 31-6-4-13(g).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 12. Initial Hearing and Issuance of Summons › 31-37-12-8. Procedure Following Admission of Allegations by Child

Sec. 8. If a child admits the allegations of a petition, the juvenile court shall do the following:
(1) Enter judgment accordingly.
(2) Schedule a dispositional hearing.
[Pre-1997 Recodification Citation: 31-6-4-13(h).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 12. Initial Hearing and Issuance of Summons › 31-37-12-9. Dispositional Hearing; Factfinding Hearing; Consent

Sec. 9. (a) If a child has admitted the allegations of a petition, the juvenile court may hold the dispositional hearing immediately after the initial hearing.
(b) If a child denies the allegations, the juvenile court may hold the factfinding hearing immediately after the initial hearing.
(c) Except as provided in section 10 of this chapter:
(1) the child;
(2) the child's:
(A) counsel;
(B) guardian ad litem;
(C) parent;
(D) guardian; or
(E) custodian; and
(3) the person representing the interests of the state;
must consent to the timing of the hearing.
[Pre-1997 Recodification Citation: 31-6-4-13(i).]
As added by P.L.1-1997, SEC.20.