Statutes

Question 1

31-37-4-2 Probable cause

Answer 1

A child may be taken into custody by a law enforcement officer acting with probable cause to believe that the child has committed a delinquent act

Question 2

§ 31-37-5-2. Child taken into custody under court order

Answer 2

If a child is taken into custody under an order of the court, the law enforcement officer shall take the child to a place designated in the order to await a detention hearing.

Question 3

§ 31-37-5-3. Child not taken into custody under court order

Answer 3

(a) If a child is not taken into custody under an order of the court, the law enforcement officer may release the child or may release the child to the child’s parent, guardian, or custodian upon the person’s written promise to bring the child before the juvenile court at a time specified.

Subject to subsection (c), the law enforcement officer may place the child in detention if the law enforcement officer reasonably believes that:
(1) the child is unlikely to appear before the juvenile court for subsequent proceedings;
(2) the child has committed an act that would be murder or a Class A or Class B felony if committed by an adult;
(3) detention is essential to protect the child or the community;
(4) the parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child; or
(5) the child has a reasonable basis for requesting that the child not be released.
(b) If a child is detained for a reason specified in subsection (a)(4) or (a)(5), the child shall be detained under IC 31-37-7-1.
(c) Unless a law enforcement officer determines that detention is essential to protect a child or the community, the law enforcement officer who detains a child for a violation of the curfew law under IC 31-37-3 shall make a good faith effort to release the child to the child’s parent, guardian, or custodian within a reasonable time after the child is detained.

Question 4

§ 31-37-5-4. Notification to parent, guardian, or custodian

Answer 4

If the child is not released, the child shall be delivered to a place designated by the court. The law enforcement officer shall immediately notify the child’s parent, guardian, or custodian and an intake officer of the following:

(1) Where the child is being held.
(2) The reasons for the child’s detention.

Question 5

§ 31-37-5-5. Investigation by intake officer

Answer 5

(a) If the child was not taken into custody under an order of the court, an intake officer shall investigate the reasons for the child’s detention. The intake officer shall release the child to the child’s parent, guardian, or custodian upon the person’s written promise to bring the child before the juvenile court at a time specified. However, the intake officer may place the child in detention if the intake officer reasonably believes that the child is a delinquent child and that:
(1) the child is unlikely to appear before the juvenile court for subsequent proceedings;
(2) the child has committed an act that would be murder or a Class A or Class B felony if committed by an adult;
(3) detention is essential to protect the child or the community;
(4) the parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child; or
(5) the child has a reasonable basis for requesting that the child not be released.
(b) If a child is detained for a reason specified in subsection (a)(4) or (a)(5), the child shall be detained under IC 31-37-7-1.

Question 6

§ 31-37-5-6. Detention hearing

Answer 6

If a child taken into custody is not released, a detention hearing must be held in accordance with IC 31-37-6-2.

Question 7

§ 31-37-8-1. Information given to intake officer – Forwarding to prosecuting attorney – Preliminary inquiry

Answer 7

(a) A person may give an intake officer or a prosecuting attorney written information indicating that a child is a delinquent child.
(b) If the information is given to the intake officer, the intake officer shall immediately forward the information to the prosecuting attorney.
(c) If the prosecuting attorney has reason to believe the child has committed a delinquent act, the prosecuting attorney shall instruct the intake officer to make a preliminary inquiry to determine whether the interests of the public or of the child require further action.

Question 8

§ 31-37-8-2. Preliminary inquiry

Answer 8

A preliminary inquiry is an informal investigation into the facts and circumstances reported to the court. Whenever practicable, the preliminary inquiry should include information on the child’s:
(1) The child’s background.
(2) The child’s current status.
(3) The child’s school performance.
(4) If the child has been detained:
(A) efforts made to prevent removal of the child from the child’s home, including the identification of any emergency situation that prevented reasonable efforts to avoid removal;
(B) whether it is in the best interests of the child to be removed from the home environment; and
(C) whether remaining in the home would be contrary to the health and welfare of the child.

Question 9

§ 31-37-8-3. Notification of preliminary inquiry

Answer 9

If a parent, guardian, or custodian of a child seeks information concerning a preliminary inquiry, the person shall be notified:

(1) whether a preliminary inquiry is being made; and
(2) if so, the nature of the inquiry.

Question 10

§ 31-37-8-4. Advisements if child interview occurs

Answer 10

If a child interview occurs, the intake officer shall advise the child and the child’s parent, guardian, or custodian of the following:
(1) The nature of the allegations against the child.
(2) That the intake officer is conducting a preliminary inquiry to assist the prosecuting attorney in determining whether a petition should be filed alleging that the child is a delinquent child.
(3) That the intake officer will recommend whether to:
(A) file a petition;
(B) informally adjust the case;
(C) refer the child to another agency; or
(D) dismiss the case.
(4) That the child has a right to remain silent.
(5) That anything the child says may be used against the child in subsequent judicial proceedings.
(6) That the child has a right to consult with an attorney before the child talks with the intake officer.
(7) That the child has a right to stop at any time and consult with an attorney.
(8) That the child has a right to stop talking with the intake officer at any time.
(9) That if the child cannot afford an attorney, the court will appoint an attorney for the child.

Question 11

§ 31-37-8-5. Duties of intake officer

Answer 11

(a) The intake officer shall do the following:
(1) Send the prosecuting attorney a copy of the preliminary inquiry if the case involves an allegation that the child committed an act that would be a crime if committed by an adult.
(2) Send to:
(A) the prosecuting attorney; or
(B) the attorney for the county office of family and children;

a copy of the preliminary inquiry if the case involves an allegation that the child committed a delinquent act that would not be a crime if committed by an adult.
(3) Recommend whether to:
(A) file a petition;
(B) informally adjust the case;
(C) refer the child to another agency; or
(D) dismiss the case.
(b) The prosecuting attorney and the court may agree to alter the procedure described in subsection (a).

Question 12

§ 31-37-8-6. Decision whether to file petition

Answer 12

The prosecuting attorney shall decide whether to file a petition.

Question 13

§ 31-37-9-1. Implementation of program; submission of proposed program to department; comments and recommendations

Answer 13

(a) After the preliminary inquiry and upon approval by the juvenile court, the intake officer may implement a program of informal adjustment if the officer has probable cause to believe that the child is a delinquent child and the child is not removed from the child’s home.
(b) If the program of informal adjustment includes services requiring payment by the department under IC 31-40-1, the intake officer shall submit a copy of the proposed program to the department before submitting it to the juvenile court for approval. Upon receipt of the proposed program, the department may submit its comments and recommendations, if any, to the intake officer and the juvenile court.

Question 14

§ 31-37-9-2. Consent required

Answer 14

The child and the child’s parent, guardian, custodian, or attorney must consent to the program of informal adjustment. Before payment for services to the family may be paid, written consent must also be obtained from the department.

Question 15

§ 31-37-9-3. Failure to participate – Petition for compliance

Answer 15

If:

(1) the child is an alleged delinquent child; and
(2) the child’s parent, guardian, or custodian fails to participate in the program of informal adjustment;

the probation department or the county office of family and children may file a petition for compliance.

Question 16

§ 31-37-9-4. Notice – Hearing – Order to participate – Contempt

Answer 16

(a) Upon the filing of a petition for compliance and after notice and a hearing on the petition for compliance, the juvenile court may order the parent, guardian, or custodian of a child to participate in a program of informal adjustment approved by the court under section 1 [IC 31-37-9-1] of this chapter.
(b) A parent, guardian, or custodian who fails to participate in a program of informal adjustment ordered by the court may be found in contempt of court.

Question 17

§ 31-37-9-7. Length of program

Answer 17

A program of informal adjustment may not exceed six (6) months, except by approval of the juvenile court. The juvenile court may extend a program of informal adjustment an additional three (3) months.

Question 18

§ 31-37-10-1. Who may file petition

Answer 18

(a) The prosecuting attorney may file a petition alleging that a child is a delinquent child.
(b) The attorney for the county office of family and children may file a petition alleging that a child is a delinquent child under IC 31-37-2.

Question 19

§ 31-37-10-2. Approval of petition

Answer 19

The juvenile court shall do the following:
(1) Consider the preliminary inquiry and the evidence of probable cause.
(2) Approve the filing of a petition if there is probable cause to believe that:
(A) the child is a delinquent child; and
(B) it is in the best interests of the child or the public that the petition be filed.

Question 20

§ 31-37-10-3. Form and contents of petition

Answer 20

A petition must:
(1) be verified;
(2) be entitled “In the Matter of , a Child Alleged to be a Delinquent Child”; and
(3) contain the following information:
(A) A citation to the provision of the juvenile law that gives the juvenile court jurisdiction in the proceeding.
(B) A citation to the statute that the child is alleged to have violated.
(C) A concise statement of the facts upon which the allegations are based, including the date and location at which the alleged act occurred.
(D) The child’s name, birth date, and residence address if known.
(E) The name and residence address of the child’s parent, guardian, or custodian if known.
(F) The name and title of the person signing the petition.