reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 31. Juvenile Law: Juvenile Court Administration › Chapter 10. Reports on Services Provided to Delinquent Children and Children in Need of Services › 31-31-10-2. Report on Delinquent Children and Children in Need; Filing; Contents

Sec. 2. (a) Each probation department shall, not later than October 1 of each year, file a report with the office of judicial administration that includes the information the probation department is required to maintain under section 1 of this chapter.
(b) The report under subsection (a) must:
(1) cover the previous state fiscal year; and
(2) include at least the following:
(A) The number of delinquent children and children in need of services who received juvenile law services.
(B) Demographic information relating to the delinquent children and children in need of services who received juvenile law services.
(C) All financial information relating to juvenile law services provided to delinquent children and children in need of services.
As added by P.L.55-1997, SEC.13. Amended by P.L.161-2018, SEC.38.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 1. Applicable Rules of Procedure › 31-32-1-1. Applicability of Rules Governing Criminal Trials

Sec. 1. If a child is alleged to be a delinquent child, the procedures governing criminal trials apply in all matters not covered by the juvenile law.
[Pre-1997 Recodification Citation: 31-6-7-1(a).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 1. Applicable Rules of Procedure › 31-32-1-2. Applicability of Laws Governing Criminal Trials

Sec. 2. If a person is charged with a crime, the laws governing criminal trials apply.
[Pre-1997 Recodification Citation: 31-6-7-1(b).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 1. Applicable Rules of Procedure › 31-32-1-3. Applicability of Indiana Rules of Trial Procedure

Sec. 3. In cases not subject to section 1 or 2 of this chapter, the Indiana Rules of Trial Procedure apply in all matters not covered by the juvenile law.
[Pre-1997 Recodification Citation: 31-6-7-1(c).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 1. Applicable Rules of Procedure › 31-32-1-4. Hearing Notices Regarding Chins or Delinquent Cases

Sec. 4. (a) Any written notice of a hearing or other court proceeding in a child in need of services case under IC 31-34 or a delinquency case under IC 31-37 shall be given to:
(1) a party in the manner provided by Rule 5 of the Indiana Rules of Trial Procedure; or
(2) an individual who is not a party by:
(A) personal delivery to the individual; or
(B) mail as provided in Rule 5(B)(2) of the Indiana Rules of Trial Procedure.
(b) Notice by mail must be deposited in the United States mail not less than five (5) calendar days (excluding Saturdays, Sundays, and national legal holidays recognized by the federal government) before the date of the scheduled hearing or proceeding.
(c) Written notice may be given by either:
(1) a copy of a court order or docket entry; or
(2) a letter addressed to the individual required to be notified;
that states the date, time, and purpose of the hearing or proceeding.
(d) Written notice is not required if verbal notice of the date, time, place, and purpose of the hearing or proceeding is given by the court at an earlier hearing or proceeding at which the individual to be notified is present.
(e) Written notice is not required if:
(1) the hearing or proceeding is scheduled to be held at a time within forty eight (48) hours (excluding Saturdays, Sundays, and any day on which a legal holiday is observed for state employees) after the court sets the time for the hearing or proceeding; and
(2) the individual responsible for giving the notice under this section:
(A) provides verbal notice of the date, time, place, and purpose of the hearing or proceeding directly to the person required to be notified; and
(B) verifies by affidavit or testimony at the hearing that verbal notice was given as required under this subsection.
(f) Except as provided in subsection (d):
(1) the department is responsible for giving all notices of a hearing or proceeding in a child in need of services case under IC 31-34; and
(2) the prosecuting attorney or the probation department of the juvenile court is responsible for giving all notices of a hearing or proceeding in a delinquency case under IC 31-37.
As added by P.L.138-2007, SEC.64.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 2. Rights of Persons Subject to Juvenile Court Jurisdiction › 31-32-2-1. Rights of Child

Sec. 1. Except when a child may be excluded from a hearing under IC 31-32-6, a child is entitled to:
(1) cross-examine witnesses;
(2) obtain witnesses or tangible evidence by compulsory process; and
(3) introduce evidence on the child's own behalf.
[Pre-1997 Recodification Citation: 31-6-3-1(a).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 2. Rights of Persons Subject to Juvenile Court Jurisdiction › 31-32-2-2. Additional Rights of Child Charged With Delinquent Act

Sec. 2. In addition to the rights described in section 1 of this chapter, a child charged with a delinquent act is also entitled to:
(1) be represented by counsel under IC 31-32-4;
(2) refrain from testifying against the child; and
(3) confront witnesses.
[Pre-1997 Recodification Citation: 31-6-3-1(b) part.]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 2. Rights of Persons Subject to Juvenile Court Jurisdiction › 31-32-2-2.5. Privileged Statements Made to a Mental Health Evaluator; Exceptions

Sec. 2.5. (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 article.
(b) 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.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 2. Rights of Persons Subject to Juvenile Court Jurisdiction › 31-32-2-3. Rights of Parent, Guardian, or Custodian

Sec. 3. (a) This section applies to the following proceedings:
(1) Proceedings to determine whether a child is a child in need of services.
(2) Proceedings to determine whether the parent, guardian, or custodian of a child should participate in a program of care, treatment, or rehabilitation for the child.
(3) Proceedings to determine whether the parent or guardian of the estate of a child should be held financially responsible for any services provided to the parent or guardian or the child of the parent or guardian.
(4) Proceedings to terminate the parent-child relationship.
(b) A parent, guardian, or custodian is entitled:
(1) to cross-examine witnesses;
(2) to obtain witnesses or tangible evidence by compulsory process; and
(3) to introduce evidence on behalf of the parent, guardian, or custodian.
[Pre-1997 Recodification Citation: 31-6-3-2(a), (b).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 2. Rights of Persons Subject to Juvenile Court Jurisdiction › 31-32-2-4. Waiver to Court Having Criminal Jurisdiction; Requirement for Criminal Charge or Conviction

Sec. 4. A child may not be charged with or convicted of a crime, except a crime excluded by IC 31-30-1, unless the child has been waived to a court having criminal jurisdiction.
[Pre-1997 Recodification Citation: 31-6-3-5(a).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 2. Rights of Persons Subject to Juvenile Court Jurisdiction › 31-32-2-5. Parent's Right to Representation by Counsel

Sec. 5. A parent is entitled to representation by counsel in proceedings to terminate the parent-child relationship.
[Pre-1997 Recodification Citation: 31-6-3-2(c) part.]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 2. Rights of Persons Subject to Juvenile Court Jurisdiction › 31-32-2-6. Adjudication Not Considered Criminal Conviction; Civil Disability Not Imposed

Sec. 6. (a) A child may not be considered a criminal as the result of an adjudication in a juvenile court, nor may an adjudication in juvenile court be considered a conviction of a crime.
(b) An adjudication in juvenile court does not impose any civil disability imposed by conviction of a crime.
[Pre-1997 Recodification Citation: 31-6-3-5(b).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 2. Rights of Persons Subject to Juvenile Court Jurisdiction › 31-32-2-7. Contact With Juvenile Justice System Not Disqualification From Governmental Application, Examination, or Appointment

Sec. 7. A child's contact with the juvenile justice system does not disqualify the child from any governmental application, examination, or appointment.
[Pre-1997 Recodification Citation: 31-6-3-5(c).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 2.5. Right to Intervene in Child in Need of Services Proceedings and Termination of Parent-Child Relationship Proceedings › 31-32-2.5-1. Petition to Request Intervention

Sec. 1. (a) Except as provided in subsection (b) and subject to this chapter:
(1) a foster parent;
(2) a long term foster parent;
(3) a person who has been a foster parent; or
(4) an unlicensed caregiver;
of a child may petition the court to request intervention as a party during any stage of a child in need of services proceeding under IC 31-34 or a termination of parent-child relationship proceeding under IC 31-35 concerning the child.
(b) Any person described in subsection (a) who has been:
(1) the subject of a substantiated report of child abuse or neglect; or
(2) convicted of a nonwaivable offense, as defined in IC 31-9-2-84.8;
may not petition the court to intervene under this chapter.
As added by P.L.210-2019, SEC.7. Amended by P.L.68-2022, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 2.5. Right to Intervene in Child in Need of Services Proceedings and Termination of Parent-Child Relationship Proceedings › 31-32-2.5-2. Hearing

Sec. 2. (a) Except as provided in subsection (b) or (c), a court may grant or deny a petition filed under this chapter with or without a hearing on the petition.
(b) This subsection applies to a child in need of services proceeding. If the petitioner to intervene under this chapter is a long term foster parent and:
(1) a petition to terminate the parent-child relationship has been filed under IC 31-35-2-4;
(2) the petitioner has filed a petition to adopt the child under IC 31-19-2-2; or
(3) the court ordered permanency plan for the child is no longer reunification;
the court shall hold a hearing on a petition to intervene under this chapter before a court may grant or deny a petition under this chapter.
(c) This subsection applies to a termination of parent-child relationship proceeding. If the petitioner to intervene under this chapter is a long term foster parent, the court shall hold a hearing on a petition to intervene under this chapter before a court may grant or deny a petition under this chapter.
As added by P.L.210-2019, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 2.5. Right to Intervene in Child in Need of Services Proceedings and Termination of Parent-Child Relationship Proceedings › 31-32-2.5-3. Determination on Petition

Sec. 3. A court shall grant a petition to intervene filed under this chapter if the court determines that intervention by the petitioner is in the best interests of the child.
As added by P.L.210-2019, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 3. Guardians Ad Litem and Court Appointed Special Advocates › 31-32-3-1. Appointment

Sec. 1. (a) The juvenile court may appoint a guardian ad litem or a court appointed special advocate, or both, for the child at any time.
(b) The juvenile court may appoint an early intervention advocate for a child who is participating in a preventative program for at-risk children that has been established by the court under section 11 of this chapter.
[Pre-1997 Recodification Citation: 31-6-3-4(a) part.]
As added by P.L.1-1997, SEC.15. Amended by P.L.183-2011, SEC.5.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 3. Guardians Ad Litem and Court Appointed Special Advocates › 31-32-3-2. Persons Ineligible for Appointment

Sec. 2. A court may not appoint a party to the proceedings, an employee of a party to the proceedings, or a representative of a party to the proceedings as the:
(1) guardian ad litem;
(2) court appointed special advocate;
(3) guardian ad litem program; or
(4) court appointed special advocate program;
for a child involved in the proceedings.
[Pre-1997 Recodification Citation: 31-6-3-4(g).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 3. Guardians Ad Litem and Court Appointed Special Advocates › 31-32-3-3. Appointment of Child's Attorney as Guardian Ad Litem or Court Appointed Special Advocate

Sec. 3. A guardian ad litem or court appointed special advocate need not be an attorney, but the attorney representing the child may be appointed the child's guardian ad litem or court appointed special advocate.
[Pre-1997 Recodification Citation: 31-6-3-4(a) part.]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 3. Guardians Ad Litem and Court Appointed Special Advocates › 31-32-3-4. Representation by Attorney

Sec. 4. The guardian ad litem or the court appointed special advocate may be represented by an attorney.
[Pre-1997 Recodification Citation: 31-6-3-4(d) part.]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 3. Guardians Ad Litem and Court Appointed Special Advocates › 31-32-3-5. Court Appointment of Attorney

Sec. 5. If necessary to protect the child's interests, the court may appoint an attorney to represent the guardian ad litem or the court appointed special advocate. The court may only appoint one (1) attorney under this section.
[Pre-1997 Recodification Citation: 31-6-3-4(d) part.]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 3. Guardians Ad Litem and Court Appointed Special Advocates › 31-32-3-6. Representation of Best Interests of Child

Sec. 6. A guardian ad litem or court appointed special advocate shall represent and protect the best interests of the child.
[Pre-1997 Recodification Citation: 31-6-3-4(b) part.]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 3. Guardians Ad Litem and Court Appointed Special Advocates › 31-32-3-7. Officers of the Court

Sec. 7. The guardian ad litem or the court appointed special advocate, or both, shall be considered officers of the court for the purpose of representing the child's interests.
[Pre-1997 Recodification Citation: 31-6-3-4(e).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 3. Guardians Ad Litem and Court Appointed Special Advocates › 31-32-3-8. Term of Appointment

Sec. 8. (a) A guardian ad litem or court appointed special advocate serves until the juvenile court enters an order for discharge under IC 31-34-21-11 or IC 31-37-20-7.
(b) An early intervention advocate serves until the plan developed for an at-risk child under section 11 of this chapter has been terminated.
[Pre-1997 Recodification Citation: 31-6-3-4(b) part.]
As added by P.L.1-1997, SEC.15. Amended by P.L.183-2011, SEC.6.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 3. Guardians Ad Litem and Court Appointed Special Advocates › 31-32-3-9. Fees

Sec. 9. If any fees arise, payment shall be made under IC 31-40.
[Pre-1997 Recodification Citation: 31-6-3-4(c).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 3. Guardians Ad Litem and Court Appointed Special Advocates › 31-32-3-10. Civil Immunity; Employee of or Volunteer for an Early Intervention Advocate; Preventative Program Staff Member

Sec. 10. Except for gross misconduct, if:
(1) a guardian ad litem;
(2) a court appointed special advocate;
(3) an employee of a county guardian ad litem or court appointed special advocate program;
(4) a volunteer for a county guardian ad litem or court appointed special advocate program;
(5) an early intervention advocate; or
(6) an employee of or volunteer for an early intervention advocate or staff member of a preventative program established by the court under section 11 of this chapter;
performs the person's duties in good faith, the person is immune from any civil liability that may occur as a result of that person's performance during the time that the person is acting within the scope of the person's duties.
[Pre-1997 Recodification Citation: 31-6-3-4(f).]
As added by P.L.1-1997, SEC.15. Amended by P.L.183-2011, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 3. Guardians Ad Litem and Court Appointed Special Advocates › 31-32-3-10.5. Civil Immunity for Placement of a Child on a Waiting List for Guardian Ad Litem or Court Appointed Special Advocate Services

Sec. 10.5. (a) As used in this section, "court appointed special advocate" has the meaning set forth in IC 31-9-2-28.
(b) As used in this section, "guardian ad litem" has the meaning set forth in IC 31-9-2-50.
(c) When a juvenile court appoints a guardian ad litem or court appointed special advocate in a proceeding from a volunteer based program funded through IC 33-24-6-4, and, due to the caseload of the guardian ad litem program or court appointed special advocate program, the child is placed on a waiting list for guardian ad litem or court appointed special advocate services:
(1) the guardian ad litem program or court appointed special advocate program;
(2) any employee of or volunteer for the guardian ad litem program or court appointed special advocate program; and
(3) any individual acting as a contracted guardian ad litem;
are immune from civil liability based on the child being placed on the waiting list unless the placement of the child on the waiting list is the result of gross negligence or willful and wanton misconduct.
(d) Nothing in this section shall be construed to negate the appointment of a:
(1) guardian ad litem; or
(2) court appointed special advocate;
when required by IC 31-34-10-3.
As added by P.L.120-2018, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 4. Right to Counsel › 31-32-4-1. Persons Entitled to Representation by Counsel

Sec. 1. The following persons are entitled to be represented by counsel:
(1) A child charged with a delinquent act, as provided by IC 31-32-2-2.
(2) A parent, in a proceeding to terminate the parent-child relationship, as provided by IC 31-32-2-5.
(3) Any other person designated by law.
[Pre-1997 Recodification Citations: 31-6-3-1(b) part; 31-6-3-2(c) part; part New.]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 4. Right to Counsel › 31-32-4-2. Court Appointment of Counsel to Represent Child

Sec. 2. (a) If:
(1) a child alleged to be a delinquent child does not have an attorney who may represent the child without a conflict of interest; and
(2) the child has not lawfully waived the child's right to counsel under IC 31-32-5 (or IC 31-6-7-3 before its repeal);
the juvenile court shall appoint counsel for the child at the detention hearing or at the initial hearing, whichever occurs first, or at any earlier time.
(b) The court may appoint counsel to represent any child in any other proceeding.
[Pre-1997 Recodification Citation: 31-6-7-2(a).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 4. Right to Counsel › 31-32-4-3. Court Appointment of Counsel to Represent Parent

Sec. 3. (a) If:
(1) a parent in proceedings to terminate the parent-child relationship does not have an attorney who may represent the parent without a conflict of interest; and
(2) the parent has not lawfully waived the parent's right to counsel under IC 31-32-5 (or IC 31-6-7-3 before its repeal);
the juvenile court shall appoint counsel for the parent at the initial hearing or at any earlier time.
(b) The court may appoint counsel to represent any parent in any other proceeding.
[Pre-1997 Recodification Citation: 31-6-7-2(b).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 4. Right to Counsel › 31-32-4-4. Payment for Counsel

Sec. 4. Payment for counsel shall be made under IC 31-40.
[Pre-1997 Recodification Citation: 31-6-7-2(c).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 5. Waiver of Rights › 31-32-5-1. Waiver of Rights Guaranteed to Child

Sec. 1. Any rights guaranteed to a child under the Constitution of the United States, the Constitution of the State of Indiana, or any other law may be waived only:
(1) by counsel retained or appointed to represent the child if the child knowingly and voluntarily joins with the waiver;
(2) by the child's custodial parent, guardian, custodian, or guardian ad litem if:
(A) that person knowingly and voluntarily waives the right;
(B) that person has no interest adverse to the child;
(C) meaningful consultation has occurred between that person and the child; and
(D) the child knowingly and voluntarily joins with the waiver; or
(3) by the child, without the presence of a custodial parent, guardian, or guardian ad litem, if:
(A) the child knowingly and voluntarily consents to the waiver; and
(B) the child has been emancipated under IC 31-34-20-6 or IC 31-37-19-27, by virtue of having married, or in accordance with the laws of another state or jurisdiction.
[Pre-1997 Recodification Citation: 31-6-7-3(a).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 5. Waiver of Rights › 31-32-5-2. Child's Waiver of Right to Meaningful Consultation

Sec. 2. The child may waive the child's right to meaningful consultation under section 1(2)(C) of this chapter if:
(1) the child is informed of that right;
(2) the child's waiver is made in the presence of the child's custodial parent, guardian, custodian, guardian ad litem, or attorney; and
(3) the waiver is made knowingly and voluntarily.
[Pre-1997 Recodification Citation: 31-6-7-3(b).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 5. Waiver of Rights › 31-32-5-3. Admissibility of Excluded Statement for Impeachment Purposes

Sec. 3. If:
(1) a statement made knowingly and voluntarily cannot be admitted as evidence against a child because of failure to meet the requirements of section 1 of this chapter; and
(2) the child testifies in the child's own defense;
the statement may be admitted to impeach the child as a witness in the same manner as evidence of any other prior inconsistent statement can be admitted for impeachment.
[Pre-1997 Recodification Citation: 31-6-7-3(c).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 5. Waiver of Rights › 31-32-5-4. Waiver of Rights During Custodial Interrogation

Sec. 4. In determining whether any waiver of rights during custodial interrogation was made knowingly and voluntarily, the juvenile court shall consider all the circumstances of the waiver, including the following:
(1) The child's physical, mental, and emotional maturity.
(2) Whether the child or the child's parent, guardian, custodian, or attorney understood the consequences of the child's statements.
(3) Whether the child and the child's parent, guardian, or custodian had been informed of the delinquent act with which the child was charged or of which the child was suspected.
(4) The length of time the child was held in custody before consulting with the child's parent, guardian, or custodian.
(5) Whether there was any coercion, force, or inducement.
(6) Whether the child and the child's parent, guardian, or custodian had been advised of the child's right to remain silent and to the appointment of counsel.
[Pre-1997 Recodification Citation: 31-6-7-3(d).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 5. Waiver of Rights › 31-32-5-5. Parent's Waiver of Right to Representation by Counsel

Sec. 5. A parent who is entitled to representation by counsel may waive that right if the parent does so knowingly and voluntarily.
[Pre-1997 Recodification Citation: 31-6-7-3(e).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 5. Waiver of Rights › 31-32-5-6. Waiver of Service of Summons

Sec. 6. Any person other than the child may waive service of summons if the person does so in writing.
[Pre-1997 Recodification Citation: 31-6-7-3(f).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 5. Waiver of Rights › 31-32-5-7. Waiver of Right of Parent, Guardian, or Custodian to Be Present at Hearing Concerning Child

Sec. 7. The right of a parent, guardian, or custodian to be present at any hearing concerning the person's child is waived by the person's failure to appear after lawful notice.
[Pre-1997 Recodification Citation: 31-6-7-3(g).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 6. Trial in Open Court; Jury Trial › 31-32-6-1. Adults Charged With Contempt or Criminal Charges

Sec. 1. All proceedings in the juvenile court involving adults charged with:
(1) contempt of court; or
(2) criminal charges;
shall be tried in open court.
[Pre-1997 Recodification Citation: 31-6-7-10(a).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 6. Trial in Open Court; Jury Trial › 31-32-6-2. Exclusion of Public

Sec. 2. The juvenile court shall determine whether the public should be excluded from a proceeding other than a juvenile proceeding described in section 3 of this chapter.
[Pre-1997 Recodification Citation: 31-6-7-10(b).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 6. Trial in Open Court; Jury Trial › 31-32-6-3. Certain Delinquency Proceedings Open to Public

Sec. 3. Except as provided in section 4 of this chapter, a delinquency proceeding is open to the public whenever a petition alleging that the child has committed an act that would be murder or a felony if committed by an adult is filed under IC 31-37-10.
[Pre-1997 Recodification Citation: 31-6-7-10(c).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 6. Trial in Open Court; Jury Trial › 31-32-6-4. Closing of Proceeding to Protect Child Witness or Child Victim; Motion

Sec. 4. (a) Upon motion of the prosecuting attorney, the child, or the child's guardian ad litem, counsel, parent, guardian, or custodian, the court may issue an order closing a proceeding during the testimony of a child witness or child victim if the court finds that:
(1) an allegation or a defense involves matters of a sexual nature; and
(2) closing the proceeding is necessary to protect the welfare of a child witness or child victim.
(b) Upon motion of the prosecuting attorney, the child, or the child's guardian ad litem, counsel, parent, guardian, or custodian, the court may issue an order closing a proceeding during the testimony of a health care provider if the court finds that:
(1) the testimony involves matters that would be protected under 45 CFR Parts 160 and 164 (Health Insurance Portability and Accountability Act of 1996 (HIPAA)); or
(2) the testimony involves matters that would be a privileged communication between a health care provider and the health care provider's patient.
(c) Upon motion of the prosecuting attorney, the child, or the child's guardian ad litem, counsel, parent, guardian, or custodian, the court may issue an order closing a proceeding during the testimony of:
(1) a:
(A) certified social worker;
(B) certified clinical social worker; or
(C) certified marriage and family therapist;
regarding a client;
(2) a school counselor regarding a student; or
(3) a school psychologist regarding a student.
[Pre-1997 Recodification Citation: 31-6-7-10(d).]
As added by P.L.1-1997, SEC.15. Amended by P.L.170-2009, SEC.11.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 6. Trial in Open Court; Jury Trial › 31-32-6-5. Closing of Proceeding to Protect Child Witness or Child Victim; Factors

Sec. 5. In determining whether closing a proceeding is necessary to protect the welfare of a child witness or child victim, the court shall consider the following:
(1) The nature of the allegation or defense.
(2) The age of a child witness or child victim.
(3) The psychological maturity of a child witness or child victim.
(4) The desire of a child witness or child victim to testify in a proceeding closed to the public.
[Pre-1997 Recodification Citation: 31-6-7-10(e).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 6. Trial in Open Court; Jury Trial › 31-32-6-6. Closing of Proceeding to Protect Child Witness or Child Victim; Findings; Filing of Exclusion Order

Sec. 6. If a proceeding is closed to the public under section 4 of this chapter, the juvenile court shall:
(1) make findings of fact concerning the closing of the proceeding; and
(2) place the exclusion order in the file of the proceedings.
[Pre-1997 Recodification Citation: 31-6-7-10(f).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 6. Trial in Open Court; Jury Trial › 31-32-6-7. Bench Trials; Jury Trial for Adult Charged With Crime; Waiver of Trial by Jury

Sec. 7. (a) Except as provided in subsection (b), all matters in juvenile court shall be tried to the court.
(b) A trial of an adult charged with a crime shall be tried to a jury unless:
(1) the adult requests a bench trial; or
(2) the adult waives the right to a jury trial under the Indiana Rules of Criminal Procedure.
[Pre-1997 Recodification Citation: 31-6-7-10(g).]
As added by P.L.1-1997, SEC.15. Amended by P.L.108-2015, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 6. Trial in Open Court; Jury Trial › 31-32-6-8. Exclusion of Child

Sec. 8. In proceedings involving:
(1) the termination of the parent-child relationship; or
(2) a child in need of services;
the child may be excluded from any part of any hearing for good cause shown upon the record.
[Pre-1997 Recodification Citation: 31-6-7-10(h).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 7. Venue › 31-32-7-1. Venue of Proceedings

Sec. 1. If a child is alleged to be a delinquent child or a child in need of services, proceedings under the juvenile law may be commenced in the county:
(1) where the child resides;
(2) where the act occurred; or
(3) where the condition exists.
[Pre-1997 Recodification Citation: 31-6-7-7(a).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 7. Venue › 31-32-7-2. Change of Venue

Sec. 2. A change of venue from the county may not be granted except under section 3 of this chapter.
[Pre-1997 Recodification Citation: 31-6-7-7(b).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 7. Venue › 31-32-7-3. Assignment of Case or Supervision of Child to County of Child's Residence

Sec. 3. (a) Upon:
(1) the juvenile court's own motion;
(2) the motion of a child; or
(3) the motion of the child's parent, guardian, or custodian;
the juvenile court may assign a case to a juvenile court in the county of a child's residence at any time before the dispositional hearing.
(b) Supervision of a child may be assigned to a juvenile court in the county of the child's residence.
(c) The assigning court shall send to the receiving court certified copies of all documents pertaining to the case.
[Pre-1997 Recodification Citation: 31-6-7-8.]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 8. Change of Judge › 31-32-8-1. Affidavit; Time for Filing

Sec. 1. Except as provided in section 2 of this chapter, a change of judge may be granted only for good cause shown by affidavit filed at least twenty-four (24) hours before the fact-finding hearing.
[Pre-1997 Recodification Citation: 31-6-7-9(a).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 8. Change of Judge › 31-32-8-2. Proceedings to Terminate Parent-Child Relationship With Individual Convicted of Criminal Offense

Sec. 2. The judge who presided over the trial at which an individual was convicted of an offense listed in IC 31-35-3-4 may not be the judge who presides over the proceedings in an action filed under IC 31-35-3 with respect to that individual.
[Pre-1997 Recodification Citation: 31-6-7-9(b).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 9. Service of Summons › 31-32-9-1. Manner of Service

Sec. 1. (a) Service may be made upon any person under Rule 4.1 of the Indiana Rules of Trial Procedure.
(b) Personal service must be made at least three (3) days before the hearing to which the person is summoned.
(c) Service by mail must be sent at least ten (10) days before the hearing.
(d) Service of summons is not required if the person entitled to be served attends the hearing.
[Pre-1997 Recodification Citation: 31-6-7-5(a).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 9. Service of Summons › 31-32-9-2. Service by Publication

Sec. 2. (a) If any person other than the child cannot be served in accordance with Rule 4.1 of the Indiana Rules of Trial Procedure, the juvenile court may order service by publication in accordance with Rule 4.13 of the Indiana Rules of Trial Procedure. However, the summons must clearly inform the person being served that the person must respond not later than ten (10) days after the last publication.
(b) If:
(1) the action is to terminate the parent-child relationship; and
(2) the parent cannot be served in accordance with Rule 4.1 of the Indiana Rules of Trial Procedure;
service must be made by publication.
[Pre-1997 Recodification Citation: 31-6-7-5(b).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 10. Discovery › 31-32-10-1. Criminal Discovery Procedures; Delinquency Proceedings

Sec. 1. In cases in which a child is alleged to be a delinquent child, the law of discovery for criminal cases applies.
[Pre-1997 Recodification Citation: 31-6-7-11(a).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 10. Discovery › 31-32-10-2. Criminal Discovery Procedures; Adult Criminal Proceedings

Sec. 2. In cases in which an adult is charged with a crime, the law of discovery for criminal cases applies.
[Pre-1997 Recodification Citation: 31-6-7-11(b).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 10. Discovery › 31-32-10-3. Civil Discovery Procedures

Sec. 3. In cases other than those described by section 1 or 2 of this chapter, the law of discovery for civil cases applies.
[Pre-1997 Recodification Citation: 31-6-7-11(c).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 11. Evidence › 31-32-11-1. Admissibility of Privileged Communications

Sec. 1. The privileged communication between:
(1) a husband and wife;
(2) a health care provider and the health care provider's patient;
(3) a:
(A) licensed social worker;
(B) licensed clinical social worker;
(C) licensed marriage and family therapist;
(D) licensed mental health counselor;
(E) licensed addiction counselor; or
(F) licensed clinical addiction counselor;
and a client of any of the professionals described in clauses (A) through (F);
(4) a school counselor and a student; or
(5) a school psychologist and a student;
is not a ground for excluding evidence in any judicial proceeding resulting from a report of a child who may be a victim of child abuse or neglect or relating to the subject matter of the report or failing to report as required by IC 31-33.
[Pre-1997 Recodification Citation: 31-6-11-8.]
As added by P.L.1-1997, SEC.15. Amended by P.L.122-2009, SEC.30.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 12. Mental or Physical Examinations › 31-32-12-1. Mental or Physical Examination or Treatment

Sec. 1. If the procedures under IC 31-32-13 are followed, the juvenile court may authorize mental or physical examinations, including drug and alcohol screens, or treatment under the following circumstances:
(1) If the court has not authorized the filing of a petition but a physician certifies that an emergency exists, the court:
(A) may order medical or physical examination or treatment of the child; and
(B) may order the child detained in a health care facility while the emergency exists.
(2) If the court has not authorized the filing of a petition but a physician certifies that continued medical care is necessary to protect the child after the emergency has passed, the court:
(A) may order medical services for a reasonable length of time; and
(B) may order the child detained while medical services are provided.
(3) If the court has authorized the filing of a petition alleging that a child is a delinquent child or a child in need of services, the court may order examination of the child to provide information for the dispositional hearing. The court may also order medical examinations and treatment of the child under any circumstances otherwise permitted by this section.
(4) After a child has been adjudicated a delinquent child or a child in need of services, the court may order examinations and treatment under IC 31-34-20 or IC 31-37-19.
[Pre-1997 Recodification Citation: 31-6-7-12(a).]
As added by P.L.1-1997, SEC.15. Amended by P.L.183-2017, SEC.31.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 12. Mental or Physical Examinations › 31-32-12-2. Temporary Confinement of Child

Sec. 2. (a) The juvenile court may order temporary confinement for not more than fourteen (14) days, excluding Saturdays, Sundays, and legal holidays, to complete the mental or physical examination of a child.
(b) This section does not authorize a commitment under IC 12-26.
[Pre-1997 Recodification Citation: 31-6-7-12(b).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 12. Mental or Physical Examinations › 31-32-12-3. Return of Child After Passing of Emergency

Sec. 3. Whenever an emergency has passed or whenever medical care is no longer necessary under section 1(2) of this chapter, the child shall be returned to the child's parent, guardian, or custodian unless:
(1) a petition has been filed; and
(2) the court has determined under IC 31-34-5 or IC 31-37-5 that the child should remain in detention.
[Pre-1997 Recodification Citation: 31-6-7-12(c).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 12. Mental or Physical Examinations › 31-32-12-4. Effect of Chapter

Sec. 4. This chapter is in addition to, is not limited by, and does not limit IC 16-36-3.
[Pre-1997 Recodification Citation: 31-6-7-12(d).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 13. Issuance of Orders › 31-32-13-1. Motion for Issuance of Order

Sec. 1. Upon a juvenile court's motion or upon the motion of a child's parent, guardian, custodian, or guardian ad litem, a probation officer, a caseworker, the prosecuting attorney, the attorney for the department of child services, or any person providing services to the child or the child's parent, guardian, or custodian, the juvenile court may issue an order:
(1) to control the conduct of any person in relation to the child;
(2) to provide a child with an examination or treatment under IC 31-32-12; or
(3) to prevent a child from leaving the court's jurisdiction.
[Pre-1997 Recodification Citation: 31-6-7-14(a).]
As added by P.L.1-1997, SEC.15. Amended by P.L.145-2006, SEC.278.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 13. Issuance of Orders › 31-32-13-2. Hearing and Consideration of Matter

Sec. 2. The juvenile court may:
(1) immediately set a matter described under section 1 of this chapter for hearing; or
(2) consider the matter at any other proceeding or hearing authorized under the juvenile law.
[Pre-1997 Recodification Citation: 31-6-7-14(b).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 13. Issuance of Orders › 31-32-13-3. Notice

Sec. 3. The juvenile court must give notice to any person whose conduct will be regulated by an order issued under section 1 of this chapter to appear at a specified date and time concerning the relief requested under section 1 of this chapter.
[Pre-1997 Recodification Citation: 31-6-7-14(c).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 13. Issuance of Orders › 31-32-13-4. Finding; Admissible Evidence

Sec. 4. The court shall issue an order under section 1 of this chapter if the court finds that good cause to issue the order is shown upon the record. The court may also consider any other evidence presented in other proceedings or hearings authorized under the juvenile law concerning the child as the basis for the issuance of the order.
[Pre-1997 Recodification Citation: 31-6-7-14(d) part.]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 13. Issuance of Orders › 31-32-13-5. Specificity of Order

Sec. 5. An order issued under section 1 of this chapter must specifically describe in reasonable detail the acts or persons to be regulated under the order.
[Pre-1997 Recodification Citation: 31-6-7-14(d) part.]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 13. Issuance of Orders › 31-32-13-6. Duration of Order; Extension, Modification, or Dissolution

Sec. 6. An order issued under section 1 of this chapter (or IC 31-6-7-14(a) before its repeal) remains in effect for one (1) year. However, the juvenile court may:
(1) extend the order for additional one (1) year periods after an annual review of the order; and
(2) modify or dissolve the order at any time after a showing that:
(A) the original circumstances concerning the order have changed; or
(B) new circumstances have developed.
[Pre-1997 Recodification Citation: 31-6-7-14(e).]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 13. Issuance of Orders › 31-32-13-7. Issuance of Emergency Order

Sec. 7. If:
(1) the juvenile court determines on the juvenile court's review of the record that an emergency exists; or
(2) the moving party demonstrates by sworn testimony or affidavit that an emergency exists;
the juvenile court may issue an emergency order without a hearing.
[Pre-1997 Recodification Citation: 31-6-7-14(f) part.]
As added by P.L.1-1997, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 32. Juvenile Law: Juvenile Court Procedures › Chapter 13. Issuance of Orders › 31-32-13-8. Duration of Emergency Order

Sec. 8. (a) An emergency order issued under section 7 of this chapter (or IC 31-6-7-14(f) before its repeal) is valid for not more than seventy-two (72) hours, excluding Saturdays, Sundays, and legal holidays.
(b) The juvenile court may extend an emergency order issued under section 7 of this chapter (or IC 31-6-7-14(f) before its repeal) only on good cause shown upon the record for the extension.
[Pre-1997 Recodification Citation: 31-6-7-14(f) part.]
As added by P.L.1-1997, SEC.15.