reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 22. Modification of Dispositional Decrees › 31-37-22-11. Vacating Adjudication of Trafficked Child; Requirements and Notice

Sec. 11. (a) As used in this section, "trafficked child" means a child who was the victim of human trafficking (IC 35-42-3.5), regardless of whether the person who committed the human trafficking offense was charged, tried, or convicted. The term includes a person who is now an adult.
(b) Upon the written motion of a trafficked child, or any person acting on behalf of a trafficked child, the court that adjudicated the trafficked child a delinquent child shall vacate the adjudication issued with respect to the trafficked child, if the movant proves by a preponderance of the evidence that:
(1) the child was a trafficked child at the time the child performed the delinquent act that resulted in the adjudication;
(2) the delinquent act did not result in bodily injury to another person; and
(3) at the time the child committed the delinquent act, the child was:
(A) coerced by; or
(B) under the control of;
another person.
(c) Before vacating an adjudication under subsection (b), the court shall:
(1) forward a copy of the motion to the prosecuting attorney; and
(2) conduct a hearing at which the prosecuting attorney and the movant are entitled to be heard.
As added by P.L.86-2017, SEC.6. Amended by P.L.142-2020, SEC.48.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 23. Interstate Compact on Juveniles › 31-37-23-2. "Compact" Defined

Sec. 2. As used in this chapter, "compact" refers to the interstate compact on juveniles.
[Pre-1997 Recodification Citation: 31-6-10-2 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 23. Interstate Compact on Juveniles › 31-37-23-3. "Court" Defined

Sec. 3. As used in this chapter, "court" refers to the juvenile court.
[Pre-1997 Recodification Citation: 31-6-10-2 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 23. Interstate Compact on Juveniles › 31-37-23-4. "Delinquent Child" Defined

Sec. 4. As used in this chapter, "delinquent child" has the meaning prescribed by IC 31-37-1-1 or IC 31-37-2-1.
[Pre-1997 Recodification Citation: 31-6-10-2 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 23. Interstate Compact on Juveniles › 31-37-23-5. "Dependent Child" or "Neglected Child" Defined

Sec. 5. As used in this chapter, "dependent child" or "neglected child" means a child in need of services under IC 31-34-1.
[Pre-1997 Recodification Citation: 31-6-10-2 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 23. Interstate Compact on Juveniles › 31-37-23-6. "Executive Authority" Defined

Sec. 6. As used in this chapter, "executive authority" means the compact administrator.
[Pre-1997 Recodification Citation: 31-6-10-2 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 23. Interstate Compact on Juveniles › 31-37-23-7. Compact Administrator; Appointment; Duties

Sec. 7. (a) The governor shall appoint a compact administrator for parolees. The administrator is an employee of the department of correction.
(b) The judicial conference of Indiana shall appoint a compact administrator for probationers under the compact.
(c) The administrators, in cooperation with the compact administrators of other states, shall implement the compact.
[Pre-1997 Recodification Citation: 31-6-10-3(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 23. Interstate Compact on Juveniles › 31-37-23-8. Compact Administrator; Acceptance and Supervision of Children From Other States

Sec. 8. Each compact administrator may accept children from other states under the compact and shall arrange for the supervision of the children. The child's supervisor shall make periodic reports to the compact administrator regarding the conduct and progress of each child.
[Pre-1997 Recodification Citation: 31-6-10-3(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 23. Interstate Compact on Juveniles › 31-37-23-9. Rules

Sec. 9. The judicial conference of Indiana shall adopt rules under IC 4-22-2 prescribing duties and procedures for administering probationers participating in the compact.
[Pre-1997 Recodification Citation: 31-6-10-3(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 23. Interstate Compact on Juveniles › 31-37-23-10. Supplementary Agreements

Sec. 10. (a) The compact administrator may enter into supplementary agreements with other states under the compact.
(b) An agreement that involves a state agency or institution must be approved by the agency or institution.
[Pre-1997 Recodification Citation: 31-6-10-4.]
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 25. No Contact Orders › 31-37-25-1. Eligibility to File Petition for No Contact Order

Sec. 1. Any of the following may sign and file a petition for the juvenile court to require a person to refrain from direct or indirect contact with a child:
(1) The prosecuting attorney.
(2) A probation officer.
(3) The department of correction.
(4) The guardian ad litem or court appointed special advocate.
As added by P.L.133-2002, SEC.38. Amended by P.L.145-2006, SEC.356; P.L.146-2008, SEC.662.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 25. No Contact Orders › 31-37-25-3. Petition Requirements

Sec. 3. A petition seeking to restrain a person from contact must be entitled "In the Matter of a No Contact Order for ___________". The petition must allege the following:
(1) That the respondent is likely to have direct or indirect contact with the child in the absence of an order under this chapter.
(2) That the child has been adjudicated a delinquent child.
(3) That the best interests of the child will be served if the person refrains from direct or indirect contact with the child.
As added by P.L.133-2002, SEC.38.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 25. No Contact Orders › 31-37-25-4. Hearing; Findings

Sec. 4. (a) The court may hold a hearing on a petition concurrently with a dispositional hearing or with a hearing to modify a dispositional decree.
(b) If the court finds that the allegations under section 3 of this chapter are true, the court shall enter a decree.
As added by P.L.133-2002, SEC.38.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 25. No Contact Orders › 31-37-25-5. Protective Order Depository

Sec. 5. If a court enters a decree that requires a person to refrain from direct or indirect contact with a child, the clerk of the court shall comply with IC 5-2-9.
As added by P.L.133-2002, SEC.38.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 26. Competency › 31-37-26-1. Applicability

Sec. 1. (a) This chapter applies to a delinquency proceeding brought pursuant to IC 31-37-1 through IC 31-37-3.
(b) In computing time under this chapter, Saturdays, Sundays, and legal holidays are not included in the computation if the time prescribed is less than fifteen (15) days.
As added by P.L.157-2021, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 26. Competency › 31-37-26-2. Definitions

Sec. 2. The following definitions apply throughout this chapter:
(1) "Competent" and "competency" mean the present ability of a child to:
(A) understand the nature and objectives of a proceeding against the child; and
(B) assist in the child's defense.
(2) "State institution" has the meaning set forth in IC 12-7-2-184.
As added by P.L.157-2021, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 26. Competency › 31-37-26-3. Competency Evaluation Ordered by the Court

Sec. 3. If, at any time before disposition, a court has reasonable grounds to believe that a child is not competent, the court shall order the child to undergo a competency evaluation as described in section 4 of this chapter, unless the child is represented by counsel and waives the competency evaluation.
As added by P.L.157-2021, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 26. Competency › 31-37-26-4. Competency Evaluation; Disinterested Person; Location

Sec. 4. (a) If the court orders a competency evaluation under section 3 of this chapter, the court shall appoint one (1) disinterested person to evaluate the child's competency. However, if a party requests the appointment of an additional person to conduct an evaluation, the court shall appoint a second disinterested person to evaluate the child's competency.
(b) A person appointed under subsection (a) may be a:
(1) psychiatrist; or
(2) psychologist endorsed by the Indiana state board of examiners in psychology as health service providers in psychology;
who has expertise in determining competency in juveniles.
(c) The court shall order the competency evaluation to be performed in a location or facility that, consistent with the nature of the case and the best interests and needs of the child:
(1) imposes the fewest restrictions on the freedom of the child and the child's parent, guardian, or custodian;
(2) interferes the least with family autonomy and family life; and
(3) is as close as practicable to the home of the parents, guardian, or custodian, consistent with the best interests and special needs of the child.
The department shall not be responsible for the payment of a competency evaluation.
(d) Not later than seven (7) days from the date the court appoints a person to conduct a competency evaluation, the juvenile probation department shall provide the person appointed to conduct the competency evaluation with all relevant files in the possession of the probation department, including any preliminary investigatory records and a copy of the delinquency allegations.
(e) A person appointed to conduct a competency evaluation may consider any relevant information.
(f) Not later than fourteen (14) days upon completion of the competency evaluation, the person who conducted the evaluation shall provide a written report to the court and to all attorneys of record. The competency report shall include the following:
(1) The opinion of the person who conducted the competency evaluation as to the child's ability to understand the nature and objectives of the proceeding against the child.
(2) The opinion of the person who conducted the competency evaluation as to the child's ability to assist in the child's defense.
(3) If a person who conducted the competency evaluation determined that the child is not competent, a:
(A) description of the child's need for services; and
(B) recommendation concerning the least restrictive setting and treatment that would assist in restoring the child's competency.
The competency report may not contain any statement from the child relating to the alleged delinquent act.
As added by P.L.157-2021, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 26. Competency › 31-37-26-5. Hearing to Determine Competency

Sec. 5. As soon as practicable after receiving the written competency evaluation, the court shall determine whether the child is competent for adjudication or disposition. Upon a motion by any party, the court shall conduct a hearing to determine competency. The child has:
(1) the right to notice;
(2) the opportunity to participate personally at the hearing;
(3) the right to present evidence; and
(4) the right to be represented by counsel. If the child is indigent, the court shall appoint counsel for the child.
The party alleging that the child is not competent has the burden of proving that the child is not competent by a preponderance of the evidence.
As added by P.L.157-2021, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 38. Repealed

[Pre-1997 Recodification Citations:
31-38-1-1formerly 31-6-14-6 part31-38-1-2formerly 31-6-14-7(a)31-38-1-3formerly 31-6-14-831-38-1-4formerly 31-6-14-7(b)31-38-2-1formerly 31-6-14-6 part31-38-2-2formerly 31-6-14-9(a)31-38-2-3formerly 31-6-14-9(b)31-38-2-4formerly 31-6-14-9(c)31-38-2-5formerly 31-6-14-10(a), (b)31-38-2-6formerly 31-6-14-10(c)31-38-2-7formerly 31-6-14-1131-38-2-8formerly 31-6-14-1231-38-2-9formerly 31-6-14-1331-38-2-10formerly 31-6-14-14.]
Repealed by P.L.131-2009, SEC.76.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 1. Confidentiality of Juvenile Court Records › 31-39-1-1. Application of Chapter

Sec. 1. (a) This chapter applies to all records of the juvenile court except the following:
(1) Records involving an adult charged with a crime or criminal contempt of court.
(2) Records involving a pregnant minor or her physician seeking a waiver of the requirement under IC 35-1-58.5-2.5 (before its repeal) or IC 16-34-2-4 that a physician who performs an abortion on an unemancipated minor first obtain the written consent of the minor's parent or guardian.
(3) Records involving proceedings that pertain to:
(A) paternity issues;
(B) custody issues;
(C) parenting time issues; or
(D) child support issues;
concerning a child born to parents who are not married to each other.
(b) The legal records subject to this chapter include the following:
(1) Chronological case summaries.
(2) Index entries.
(3) Summonses.
(4) Warrants.
(5) Petitions.
(6) Orders.
(7) Motions.
(8) Decrees.
[Pre-1997 Recodification Citation: 31-6-8-1(a) part.]
As added by P.L.1-1997, SEC.22. Amended by P.L.1-2014, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 1. Confidentiality of Juvenile Court Records › 31-39-1-2. Confidentiality and Access to Juvenile Court Records

Sec. 2. All juvenile court records subject to this chapter are confidential and are available only in accordance with IC 31-39-2. The court shall take appropriate actions to protect juvenile court records governed by this chapter from unauthorized disclosure.
[Pre-1997 Recodification Citation: 31-6-8-1(a) part.]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 2. Persons Entitled to Access to Juvenile Court Records › 31-39-2-1. Application of Chapter

Sec. 1. (a) This chapter applies to all records of the juvenile court except the following:
(1) Records involving an adult charged with a crime or criminal contempt of court.
(2) Records involving a pregnant minor or her physician seeking a waiver of the requirement under IC 35-1-58.5-2.5 (before its repeal) or IC 16-34-2-4 that a physician who performs an abortion on an unemancipated minor first obtain the written consent of the minor's parent or guardian.
(3) Records involving proceedings that pertain to:
(A) paternity issues;
(B) custody issues;
(C) parenting time issues; or
(D) child support issues;
concerning a child born to parents who are not married to each other.
(b) The legal records subject to this chapter include the following:
(1) Chronological case summaries.
(2) Index summaries.
(3) Summonses.
(4) Warrants.
(5) Petitions.
(6) Orders.
(7) Motions.
(8) Decrees.
[Pre-1997 Recodification Citation: 31-6-8-1(a) part.]
As added by P.L.1-1997, SEC.22. Amended by P.L.1-2014, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 2. Persons Entitled to Access to Juvenile Court Records › 31-39-2-2. Juvenile Court Judge and Staff

Sec. 2. The records of the juvenile court are available without a court order to the judge or any authorized staff member.
[Pre-1997 Recodification Citation: 31-6-8-1(b) part.]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 2. Persons Entitled to Access to Juvenile Court Records › 31-39-2-3. Party and Party's Counsel

Sec. 3. (a) Except as provided in subsections (b) and (c), the records of the juvenile court are available without a court order to any party and the party's attorney. The party and the party's attorney may only review the records applicable to the proceeding in which the person is a party.
(b) A child excluded from a hearing under IC 31-32-6 may be denied access to records pertaining to that subject matter.
(c) A person who was denied access to a predisposition report or the records for a dispositional hearing may be denied access to that subject matter.
[Pre-1997 Recodification Citation: 31-6-8-1(b) part.]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 2. Persons Entitled to Access to Juvenile Court Records › 31-39-2-4. Presentence Investigations

Sec. 4. The records of the juvenile court are available without a court order to the judge of a court having criminal jurisdiction or any authorized staff member if the record is to be used in a presentence investigation in that court.
[Pre-1997 Recodification Citation: 31-6-8-1(b) part.]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 2. Persons Entitled to Access to Juvenile Court Records › 31-39-2-5. Prosecuting Attorney and Staff

Sec. 5. The records of the juvenile court are available without a court order to the prosecuting attorney or any authorized staff member.
[Pre-1997 Recodification Citation: 31-6-8-1(b) part.]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 2. Persons Entitled to Access to Juvenile Court Records › 31-39-2-6. Records Available to Certain Individuals and Agencies

Sec. 6. The records of the juvenile court are available without a court order to:
(1) the attorney for the department of child services; or
(2) any authorized staff member of:
(A) the local office;
(B) the department of child services;
(C) the department of correction; or
(D) the department of child services ombudsman established by IC 4-13-19-3.
[Pre-1997 Recodification Citation: 31-6-8-1(b) part.]
As added by P.L.1-1997, SEC.22. Amended by P.L.145-2006, SEC.359; P.L.182-2009(ss), SEC.384; P.L.128-2012, SEC.176.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 2. Persons Entitled to Access to Juvenile Court Records › 31-39-2-6.5. Release of Court Records

Sec. 6.5. A juvenile court may release court records to an entity listed in IC 31-39-9-1 without a court order.
As added by P.L.67-2007, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 2. Persons Entitled to Access to Juvenile Court Records › 31-39-2-7. Parents

Sec. 7. The records of the juvenile court are available without a court order to the parents of a child whenever the custody or support of that child is in issue in an action initiated under IC 31-15 or IC 31-16 (or IC 31-1-11.5 before its repeal).
[Pre-1997 Recodification Citation: 31-6-8-1(b) part.]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 2. Persons Entitled to Access to Juvenile Court Records › 31-39-2-8. Public Access to Records of Juvenile Delinquency Proceedings

Sec. 8. (a) The records of the juvenile court are available without a court order to the public, subject to the restrictions in subsections (b) and (c), whenever a petition has been filed alleging that a child is delinquent as the result of any of the following alleged acts or combination of alleged acts:
(1) An act that would be murder or a felony if committed by an adult.
(2) An aggregate of two (2) unrelated acts that would be misdemeanors if committed by an adult if the child was at least twelve (12) years of age when the acts were committed.
(3) An aggregate of five (5) unrelated acts that would be misdemeanors if committed by an adult if the child was less than twelve (12) years of age when the acts were committed.
(b) Only the following information or documents may be released under this section:
(1) The child's name.
(2) The child's age.
(3) The nature of the offense.
(4) Chronological case summaries.
(5) Index entries.
(6) Summonses.
(7) Warrants.
(8) Petitions.
(9) Orders.
(10) Motions, excluding:
(A) motions concerning psychological evaluations; and
(B) motions concerning child abuse and neglect.
(11) Decrees.
(12) If the child is adjudicated as a delinquent child for an act or combination of acts described in subsection (a)(1), (a)(2), or (a)(3), the child's photograph.
(c) The clerk of the juvenile court shall place all other records of the child alleged to be or adjudicated as a delinquent child in an envelope marked "confidential" inside the court's file pertaining to the child. Records placed in the confidential envelope may only be released to persons who are allowed disclosure under this section or section 2, 3, 4, 5, 6, 7 or 10 of this chapter. The identifying information of any child who is a victim or a witness shall remain confidential under this section.
[Pre-1997 Recodification Citation: 31-6-8-1(b) part.]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 2. Persons Entitled to Access to Juvenile Court Records › 31-39-2-9. Person Providing Services to Child or Child's Family

Sec. 9. The juvenile court may grant any person providing services to the child or the child's family access to the records on the child and the child's family.
[Pre-1997 Recodification Citation: 31-6-8-1(d).]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 2. Persons Entitled to Access to Juvenile Court Records › 31-39-2-10. Interested Persons

Sec. 10. (a) Subject to section 15 of this chapter, the juvenile court may grant any person having a legitimate interest in the work of the court or in a particular case access to the court's legal records. In exercising its discretion, the court shall consider that the best interests of the safety and welfare of the community are generally served by the public's ability to obtain information about:
(1) the alleged commission of an act that would be murder or a felony if committed by an adult; or
(2) the alleged commission of an act that would be part of a pattern of less serious offenses.
(b) A person having access to the records under this section is not bound by the confidentiality provisions of IC 31-39-1 and may disclose the contents of the records.
[Pre-1997 Recodification Citation: 31-6-8-1(c).]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 2. Persons Entitled to Access to Juvenile Court Records › 31-39-2-11. Researchers

Sec. 11. The juvenile court shall grant any person involved in a legitimate research activity access to the court's confidential records if:
(1) the person conducting the research provides written information about:
(A) the purpose of the person's project, including any intent to publish the person's findings;
(B) the nature of the data the person seeks to collect and how the person intends to analyze the data;
(C) the records the person seeks to review; and
(D) the safeguards the person will take to protect the identity of the persons whose records the person will be reviewing;
(2) the proposed safeguards are adequate to protect the identity of each person whose records the researcher will review;
(3) the court informs the researcher of the provisions of IC 31-39-1 and this chapter, including the criminal liability of a person who recklessly fails to protect the records; and
(4) an agreement is executed between the court and the person responsible for the research that specifies the terms of the researcher's use of the records.
[Pre-1997 Recodification Citation: 31-6-8-1(e).]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 2. Persons Entitled to Access to Juvenile Court Records › 31-39-2-12. Parties to Criminal or Juvenile Delinquency Proceedings

Sec. 12. (a) The juvenile court shall grant any party to a criminal or juvenile delinquency proceeding access to a person's legal records if the information may be used:
(1) to impeach the person as a witness; or
(2) to discredit the person's reputation if the person places reputation in issue.
(b) The information described in subsection (a) may only be used in criminal or juvenile delinquency proceedings in accordance with the law of evidence.
[Pre-1997 Recodification Citation: 31-6-8-1(g).]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 2. Persons Entitled to Access to Juvenile Court Records › 31-39-2-13. Victim of Delinquent Act or Victim's Family; Disclosure in Civil Action

Sec. 13. (a) The juvenile court may grant the victim of a delinquent act, or a member of the victim's family, access to the court's legal records if the information may be used in a civil action against:
(1) the child who committed the act; or
(2) the child's parent.
(b) A person having access to the records under this section may disclose the contents of the record if disclosure is necessary to prosecute any civil action.
[Pre-1997 Recodification Citation: 31-6-8-1(h).]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 2. Persons Entitled to Access to Juvenile Court Records › 31-39-2-13.5. Juvenile Court Records Available to Certain Persons to Determine Appropriateness of Certain Out-of-Home Placements

Sec. 13.5. The records of the juvenile court are available without a court order to an employee of the department of child services, a caseworker, or a juvenile probation officer conducting a criminal history check (as defined in IC 31-9-2-22.5) under IC 31-26-5-3, IC 31-34, or IC 31-37 to determine the appropriateness of an out-of-home placement for a:
(1) child at imminent risk of placement;
(2) child in need of services; or
(3) delinquent child.
As added by P.L.70-2004, SEC.29. Amended by P.L.234-2005, SEC.189; P.L.145-2006, SEC.360.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 2. Persons Entitled to Access to Juvenile Court Records › 31-39-2-13.8. School's Access to Juvenile Court Records; Notice; Confidentiality

Sec. 13.8. (a) The juvenile court may grant a school access to all or a portion of the juvenile court records of a child who is a student at the school if:
(1) the superintendent, or the superintendent's designee;
(2) the chief administrative officer of a nonpublic school, or the chief administrative officer's designee; or
(3) the individual with administrative control within a charter school, or the individual's designee;
submits a written request that meets the requirements of subsection (b).
(b) A written request must establish that the juvenile court records described in subsection (a) are necessary for the school to:
(1) serve the educational needs of the child whose records are being released; or
(2) protect the safety or health of a student, an employee, or a volunteer at the school.
(c) A juvenile court that releases juvenile court records under this section shall provide notice to the child and to the child's parent, guardian, or custodian that the child's juvenile records have been disclosed to the school.
(d) A juvenile court that releases juvenile court records under this section shall issue an order requiring the school to keep the juvenile court records confidential. A confidentiality order issued under this subsection does not prohibit a school that receives juvenile court records from forwarding the juvenile records to:
(1) another school;
(2) a person if a parent, guardian, or custodian of the child consents to the release of the juvenile court records to the person; or
(3) an entity listed in IC 31-39-9-1.
A school or a person that receives juvenile court records under this subsection must keep the juvenile court records confidential.
As added by P.L.85-2004, SEC.51. Amended by P.L.67-2007, SEC.5.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 2. Persons Entitled to Access to Juvenile Court Records › 31-39-2-14. Filing of Copies of Access Order or Agreement With Researcher

Sec. 14. Whenever the juvenile court grants access to its records, the court shall place a copy of the access order in the file of each person to whose records the order applies. However, if the access order is a general access order or an agreement under section 11 of this chapter (or IC 31-6-8-1(e) before its repeal), the copy shall be placed in a general file containing all general access orders or agreements under section 11 of this chapter (or IC 31-6-8-1(e) before its repeal).
[Pre-1997 Recodification Citation: 31-6-8-1(f).]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 2. Persons Entitled to Access to Juvenile Court Records › 31-39-2-15. Waiver of Restrictions

Sec. 15. A person who is at least eighteen (18) years of age may waive the restrictions on access to the person's records if the person does so in writing, stating the terms of the person's waiver.
[Pre-1997 Recodification Citation: 31-6-8-1(i).]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 3. Confidentiality of Law Enforcement Records › 31-39-3-1. Application of Chapter

Sec. 1. This chapter applies to all law enforcement records involving allegations that a child is a delinquent child or a child in need of services.
[Pre-1997 Recodification Citation: 31-6-8-1.2(a) part.]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 3. Confidentiality of Law Enforcement Records › 31-39-3-2. Public Access to Juvenile Delinquency Records

Sec. 2. Except for information listed in IC 5-14-3-4(a)(1) through IC 5-14-3-4(a)(15), the following information contained in records involving allegations of delinquency that would be a crime if committed by an adult is considered public information:
(1) The nature of the offense allegedly committed and the circumstances immediately surrounding the alleged offense, including the time, location, and property involved.
(2) The identity of any victim.
(3) A description of the method of apprehension.
(4) Any instrument of physical force used.
(5) The identity of any officers assigned to the investigation, except for the undercover units.
(6) The age and sex of any child apprehended or sought for the alleged commission of the offense.
(7) The identity of a child, if the child is apprehended or sought for the alleged commission of:
(A) an offense over which a juvenile court does not have jurisdiction under IC 31-30-1-2 and IC 31-30-1-4; or
(B) an act specified under IC 31-30-3-3.
[Pre-1997 Recodification Citation: 31-6-8-1.2(a) part.]
As added by P.L.1-1997, SEC.22. Amended by P.L.86-2022, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 3. Confidentiality of Law Enforcement Records › 31-39-3-3. Public Inspection of Records of Child's Detention in Secure Facility

Sec. 3. Records relating to the detention of any child in a secure facility shall be open to public inspection.
[Pre-1997 Recodification Citation: 31-6-8-1.2(a) part.]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 3. Confidentiality of Law Enforcement Records › 31-39-3-4. Confidentiality and Access to Law Enforcement Records

Sec. 4. (a) All law enforcement records except those described in sections 2 and 3 of this chapter are confidential and are available only in accordance with IC 31-39-4.
(b) Each law enforcement agency shall take appropriate actions to protect the records described in subsection (a) from unauthorized disclosure.
[Pre-1997 Recodification Citation: 31-6-8-1.2(a) part.]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 4. Persons Entitled to Access to Law Enforcement Records › 31-39-4-1. Application of Chapter

Sec. 1. This chapter applies to all law enforcement records involving allegations that a child is a delinquent child or a child in need of services.
[Pre-1997 Recodification Citation: 31-6-8-1.2(a) part.]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 4. Persons Entitled to Access to Law Enforcement Records › 31-39-4-2. Law Enforcement Agency Head or Officer

Sec. 2. The records of a law enforcement agency are available, without specific permission from the head of the agency, to a law enforcement officer acting within the scope of the officer's lawful duties.
[Pre-1997 Recodification Citation: 31-6-8-1.2(b) part.]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 4. Persons Entitled to Access to Law Enforcement Records › 31-39-4-3. Juvenile Court Judge or Staff

Sec. 3. The records of a law enforcement agency are available, without specific permission from the head of the agency, to the judge of the juvenile court or any authorized staff member.
[Pre-1997 Recodification Citation: 31-6-8-1.2(b) part.]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 4. Persons Entitled to Access to Law Enforcement Records › 31-39-4-4. Party or Party's Attorney in Juvenile Court Proceedings

Sec. 4. (a) The records of a law enforcement agency are available, without specific permission from the head of the agency, to any party to a juvenile court proceeding and the party's attorney. However, a:
(1) child excluded from a hearing by IC 31-32-6 may be denied access to records pertaining to that subject matter; and
(2) person who was denied access to a predispositional report or the records for a dispositional hearing may be denied access to that subject matter.
(b) The party and the party's attorney may only review the records applicable to the proceeding in which the person is a party.
[Pre-1997 Recodification Citation: 31-6-8-1.2(b) part.]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 4. Persons Entitled to Access to Law Enforcement Records › 31-39-4-5. Presentence Investigations

Sec. 5. The records of a law enforcement agency are available, without specific permission from the head of the agency, to the judge of a court having criminal jurisdiction or any authorized staff member if the record is to be used in a presentence investigation in that court.
[Pre-1997 Recodification Citation: 31-6-8-1.2(b) part.]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 4. Persons Entitled to Access to Law Enforcement Records › 31-39-4-6. Prosecuting Attorney or Staff

Sec. 6. The records of a law enforcement agency are available, without specific permission from the head of the agency, to the prosecuting attorney or any authorized member of the staff of the prosecuting attorney.
[Pre-1997 Recodification Citation: 31-6-8-1.2(b) part.]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 4. Persons Entitled to Access to Law Enforcement Records › 31-39-4-7. Access to Records by Certain Staff of Department of Child Services and Department of Child Services Ombudsman

Sec. 7. The records of a law enforcement agency are available, without specific permission from the head of the agency, to:
(1) the attorney for the department of child services or any authorized staff member; or
(2) any authorized staff member of the department of child services ombudsman established by IC 4-13-19-3.
[Pre-1997 Recodification Citation: 31-6-8-1.2(b) part.]
As added by P.L.1-1997, SEC.22. Amended by P.L.145-2006, SEC.361; P.L.182-2009(ss), SEC.385.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 4. Persons Entitled to Access to Law Enforcement Records › 31-39-4-8. Interested Persons

Sec. 8. (a) The head of a law enforcement agency or that person's designee may grant any person having a legitimate interest in the work of the agency or in a particular case access to the agency's confidential records. In exercising discretion, the head of a law enforcement agency shall consider that the best interests of the safety and welfare of the community are generally served by the public's ability to obtain information about:
(1) the identity of anyone charged with the alleged commission of any act that would be murder or a felony if committed by an adult; and
(2) the identity of anyone charged with the alleged commission of an act that would be part of a pattern of less serious offenses.
(b) A person having access to records under this section is not bound by the confidentiality provisions of IC 31-39-3 and may disclose the contents of the records.
[Pre-1997 Recodification Citation: 31-6-8-1.2(c).]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 4. Persons Entitled to Access to Law Enforcement Records › 31-39-4-9. Researchers

Sec. 9. The head of a law enforcement agency may grant any person involved in a legitimate research activity access to the agency's confidential records if:
(1) the person conducting the research provides written information about:
(A) the purpose of the person's project, including any intent to publish the person's findings;
(B) the nature of the data the person seeks to collect and how the person intends to analyze the data;
(C) the records the person seeks to review; and
(D) the safeguards the person will take to protect the identity of the persons whose records will be reviewed;
(2) the proposed safeguards are adequate to protect the identity of each person whose records the researcher will review;
(3) the agency informs the researcher of the provisions of this section including the criminal liability of a person who recklessly fails to protect the records; and
(4) an agreement is executed between the agency and the person responsible for the research that specifies the terms of the researcher's use of the records.
[Pre-1997 Recodification Citation: 31-6-8-1.2(d).]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 4. Persons Entitled to Access to Law Enforcement Records › 31-39-4-10. Party to Criminal or Juvenile Delinquency Proceedings

Sec. 10. (a) The head of the law enforcement agency shall grant any party to a criminal or juvenile delinquency proceeding access to a person's records if the information may be used:
(1) to impeach the person as a witness; or
(2) to discredit the person's reputation if the person places reputation in issue.
(b) The information may only be used in criminal or juvenile delinquency proceedings in accordance with the law of evidence.
[Pre-1997 Recodification Citation: 31-6-8-1.2(f).]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 4. Persons Entitled to Access to Law Enforcement Records › 31-39-4-11. Victim of Delinquent Act

Sec. 11. The victim of a delinquent act may ask a law enforcement agency if there is probable cause to believe that a specified child committed the act. The head of the agency shall release the child's name to the victim if the victim requires the name to proceed with a civil action for damages.
[Pre-1997 Recodification Citation: 31-6-8-1.2(g).]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 4. Persons Entitled to Access to Law Enforcement Records › 31-39-4-12. Filing of Copies of Access Order or Agreement With Researcher

Sec. 12. Whenever the head of a law enforcement agency grants access to the agency's records, that person shall place a copy of the access order in the file of each person to whose records the order applies. However, if the access order is a general access order or an agreement under section 9 of this chapter (or IC 31-6-8-1.2(d) before its repeal), the copy shall be placed in a general file containing all general access orders or agreements.
[Pre-1997 Recodification Citation: 31-6-8-1.2(e).]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 4. Persons Entitled to Access to Law Enforcement Records › 31-39-4-13. Waiver of Restrictions

Sec. 13. A person who is at least eighteen (18) years of age may waive the restrictions on access to the person's records if the person does so in writing, stating the terms of the waiver.
[Pre-1997 Recodification Citation: 31-6-8-1.2(h).]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 4. Persons Entitled to Access to Law Enforcement Records › 31-39-4-14. Limited Jurisdiction and Control of Juvenile Court Over Law Enforcement Records

Sec. 14. A judge of a juvenile court or the judge's employees may not exercise any jurisdiction or control over:
(1) records kept and maintained by law enforcement agencies relating to juveniles; and
(2) the discretion granted to heads of law enforcement agencies to release, or to grant access to, records and information unless otherwise specifically provided in the juvenile law, including IC 31-37-4-3 and IC 31-39-9. Any specific authority that is granted does not imply the existence of any other jurisdiction or control.
[Pre-1997 Recodification Citation: 31-6-8-1.2(j).]
As added by P.L.1-1997, SEC.22. Amended by P.L.67-2007, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 5. Fingerprints or Photographs of Child › 31-39-5-1. Taking and Filing

Sec. 1. (a) A law enforcement agency may take and file the fingerprints or photographs of a child if:
(1) the child is taken into custody for an act that would be a felony if committed by an adult; and
(2) the child was at least fourteen (14) years of age when the act was allegedly committed.
(b) A juvenile court may, by general order, limit fingerprinting and photographing of children to situations in which children are charged with specified offenses.
[Pre-1997 Recodification Citation: 31-6-8-1.5(a).]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 5. Fingerprints or Photographs of Child › 31-39-5-2. Separation From Adult Files; Confidentiality

Sec. 2. Fingerprint and photograph files of children shall be separated from those of adults. The files are subject to the confidentiality provisions of IC 31-39-3.
[Pre-1997 Recodification Citation: 31-6-8-1.5(b).]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 5. Fingerprints or Photographs of Child › 31-39-5-3. Fingerprinting and Comparison

Sec. 3. If:
(1) latent fingerprints are found during the investigation of an offense; and
(2) a law enforcement officer has probable cause to believe that the latent fingerprints belong to a certain child;
the officer may fingerprint that child and compare the child's fingerprints with the latent fingerprints.
[Pre-1997 Recodification Citation: 31-6-8-1.5(c).]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 5. Fingerprints or Photographs of Child › 31-39-5-4. Destruction

Sec. 4. (a) Upon written request of the child or the child's parent, guardian, or custodian, a law enforcement agency shall destroy or deliver to the child any of the child's fingerprints or photographs taken under section 1 of this chapter that are within that agency's possession if:
(1) the child was taken into custody and no petition was filed against the child;
(2) the petition was dismissed because of mistaken identity;
(3) the petition was dismissed because no delinquent act was actually committed; or
(4) the petition was dismissed for lack of probable cause.
(b) If the child has a record of prior arrests or if another charge is pending against the child, the law enforcement agency does not have to destroy the child's fingerprints or photographs.
[Pre-1997 Recodification Citation: 31-6-8-1.5(d), (e) part.]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 5. Fingerprints or Photographs of Child › 31-39-5-5. Notice of Rights

Sec. 5. At the time a law enforcement agency takes a child's fingerprints or photographs, the law enforcement agency shall give written notice to the child and the child's parent, guardian, or custodian of the child's rights under section 4 of this chapter. The agency shall comply with any request for destruction or surrender of the records not later than sixty (60) days of the request.
[Pre-1997 Recodification Citation: 31-6-8-1.5(e) part.]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 5. Fingerprints or Photographs of Child › 31-39-5-6. Destruction of Copies Forwarded to Other Agencies

Sec. 6. Any law enforcement agency that has forwarded copies of fingerprints or photographs that the law enforcement agency must destroy under section 4 of this chapter to any agency of the United States, of any other state, or of this state, shall request in writing that all copies be returned for destruction or for presentation to the child.
[Pre-1997 Recodification Citation: 31-6-8-1.5(f).]
As added by P.L.1-1997, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 39. Juvenile Law: Juvenile Records › Chapter 5. Fingerprints or Photographs of Child › 31-39-5-7. Expungement of Record

Sec. 7. Whenever fingerprints or photographs are expunged from the files of a law enforcement agency under section 4 of this chapter, the law enforcement agency may retain no other information on the incident. However, this section does not require the alteration of any law enforcement record, such as a blotter entry made at the time of arrest, or of any record in the juvenile court.
[Pre-1997 Recodification Citation: 31-6-8-1.5(g).]
As added by P.L.1-1997, SEC.22.