CHAPTER 1. JURISDICTION GENERALLY
IC 31-30
ARTICLE 30. JUVENILE LAW: JUVENILE COURTJURISDICTION
IC 31-30-1
Chapter 1. Jurisdiction Generally
IC 31-30-1-1
Exclusive original jurisdiction
Sec. 1. A juvenile court has exclusive original jurisdiction, exceptas provided in sections 9, 10, 12, and 13 of this chapter, in thefollowing:
(1) Proceedings in which a child, including a child of divorcedparents, is alleged to be a delinquent child under IC 31-37.
(2) Proceedings in which a child, including a child of divorcedparents, is alleged to be a child in need of services underIC 31-34.
(3) Proceedings concerning the paternity of a child underIC 31-14.
(4) Proceedings under the interstate compact on juveniles underIC 31-37-23.
(5) Proceedings governing the participation of a parent,guardian, or custodian in a program of care, treatment, orrehabilitation for a child under IC 31-34-16 or IC 31-37-15.
(6) Proceedings under IC 31-34-4, IC 31-34-5, IC 31-37-5, andIC 31-37-6 governing the detention of a child before a petitionhas been filed.
(7) Proceedings to issue a protective order under IC 31-32-13.
(8) Proceedings in which a child less than sixteen (16) years ofage is alleged to have committed an act that would be amisdemeanor traffic offense if committed by an adult.
(9) Proceedings in which a child is alleged to have committedan act that would be an offense under IC 9-30-5 if committed byan adult.
(10) Guardianship of the person proceedings for a child:
(A) who has been adjudicated as a child in need of services;
(B) for whom a juvenile court has approved a permanencyplan under IC 31-34-21-7 that provides for the appointmentof a guardian of the person; and
(C) who is the subject of a pending child in need of servicesproceeding under IC 31-34.
(11) Proceedings concerning involuntary drug and alcoholtreatment under IC 31-32-16.
(12) Other proceedings specified by law.
As added by P.L.1-1997, SEC.13. Amended by P.L.164-1999, SEC.1;P.L.217-2001, SEC.3; P.L.196-2003, SEC.1.
IC 31-30-1-2
Applicability of juvenile law to certain offenses Sec. 2. Except as provided in IC 33-33-45-6 and section 8 of thischapter, the juvenile law does not apply to the following:
(1) A child who is alleged to have committed a violation of astatute defining an infraction, except as provided underIC 7.1-5-7.
(2) A child who is alleged to have committed a violation of anordinance.
(3) A child who:
(A) is alleged to have committed an act that would be afelony if committed by an adult; and
(B) has previously been waived under IC 31-30-3 (orIC 31-6-2-4 before its repeal) to a court having felonyjurisdiction.
As added by P.L.1-1997, SEC.13. Amended by P.L.98-2004,SEC.104; P.L.67-2008, SEC.1.
IC 31-30-1-2.5
Persons prohibited from serving as guardian or custodian of achild
Sec. 2.5. A juvenile court may not appoint a person to serve as theguardian or custodian of a child or permit a person to continue toserve as a guardian or custodian of a child if the person:
(1) is a sexually violent predator (as described inIC 35-38-1-7.5);
(2) was at least eighteen (18) years of age at the time of theoffense and committed child molesting (IC 35-42-4-3) or sexualmisconduct with a minor (IC 35-42-4-9) against a child lessthan sixteen (16) years of age:
(A) by using or threatening the use of deadly force;
(B) while armed with a deadly weapon; or
(C) that resulted in serious bodily injury; or
(3) was less than eighteen (18) years of age at the time of theoffense but was tried and convicted as an adult of:
(A) an offense described in:
(i) IC 35-42-4-1;
(ii) IC 35-42-4-2;
(iii) IC 35-42-4-3 as a Class A or Class B felony;
(iv) IC 35-42-4-5(a)(1);
(v) IC 35-42-4-5(a)(2);
(vi) IC 35-42-4-5(a)(3);
(vii) IC 35-42-4-5(b)(1) as a Class A or Class B felony;
(viii) IC 35-42-4-5(b)(2); or
(ix) IC 35-42-4-5(b)(3) as a Class A or Class B felony;
(B) an attempt or conspiracy to commit a crime listed inclause (A); or
(C) a crime under the laws of another jurisdiction, includinga military court, that is substantially equivalent to any of theoffenses listed in clauses (A) and (B).
As added by P.L.139-2006, SEC.3, P.L.140-2006, SEC.18, andP.L.173-2006, SEC.18. Amended by P.L.131-2009, SEC.38.
IC 31-30-1-3
Cases involving adults charged with crimes
Sec. 3. A juvenile court has concurrent original jurisdiction incases involving adults charged with the crime of:
(1) neglect of a dependent (IC 35-46-1-4);
(2) contributing to delinquency (IC 35-46-1-8);
(3) violating the compulsory school attendance law IC 20-33-2);
(4) criminal confinement of a child (IC 35-42-3-3); or
(5) interference with custody (IC 35-42-3-4).
As added by P.L.1-1997, SEC.13. Amended by P.L.1-2005, SEC.202.
IC 31-30-1-4
Juvenile court lacks jurisdiction over individuals at least 16 yearsof age committing certain felonies; retention of jurisdiction bycourt having adult criminal jurisdiction
Sec. 4. (a) The juvenile court does not have jurisdiction over anindividual for an alleged violation of:
(1) IC 35-41-5-1(a) (attempted murder);
(2) IC 35-42-1-1 (murder);
(3) IC 35-42-3-2 (kidnapping);
(4) IC 35-42-4-1 (rape);
(5) IC 35-42-4-2 (criminal deviate conduct);
(6) IC 35-42-5-1 (robbery) if:
(A) the robbery was committed while armed with a deadlyweapon; or
(B) the robbery results in bodily injury or serious bodilyinjury;
(7) IC 35-42-5-2 (carjacking);
(8) IC 35-45-9-3 (criminal gang activity);
(9) IC 35-45-9-4 (criminal gang intimidation);
(10) IC 35-47-2-1 (carrying a handgun without a license), ifcharged as a felony;
(11) IC 35-47-10 (children and firearms), if charged as a felony;
(12) IC 35-47-5-4.1 (dealing in a sawed-off shotgun); or
(13) any offense that may be joined under IC 35-34-1-9(a)(2)with any crime listed in subdivisions (1) through (12);
if the individual was at least sixteen (16) years of age at the time ofthe alleged violation.
(b) The juvenile court does not have jurisdiction for an allegedviolation of manufacturing or dealing in cocaine or a narcotic drug(IC 35-48-4-1), dealing in methamphetamine (IC 35-48-4-1.1),dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2),or dealing in a schedule IV controlled substance (IC 35-48-4-3), if:
(1) the individual has a prior unrelated conviction underIC 35-48-4-1, IC 35-48-4-1.1, IC 35-48-4-2, or IC 35-48-4-3; or
(2) the individual has a prior unrelated juvenile adjudicationthat, if committed by an adult, would be a crime underIC 35-48-4-1, IC 35-48-4-1.1, IC 35-48-4-2, or IC 35-48-4-3;
and the individual was at least sixteen (16) years of age at the timeof the alleged violation. (c) Once an individual described in subsection (a) or (b) has beencharged with any crime listed in subsection (a) or (b), the courthaving adult criminal jurisdiction shall retain jurisdiction over thecase even if the individual pleads guilty to or is convicted of a lesserincluded offense. A plea of guilty to or a conviction of a lesserincluded offense does not vest jurisdiction in the juvenile court.
As added by P.L.1-1997, SEC.13. Amended by P.L.17-2001, SEC.7;P.L.151-2006, SEC.12; P.L.216-2007, SEC.35; P.L.67-2008, SEC.2.
IC 31-30-1-5
Concurrent original jurisdiction with probate court
Sec. 5. A juvenile court has concurrent original jurisdiction withthe probate court in the following proceedings:
(1) Proceedings to commit children under IC 12-26.
(2) Proceedings to terminate the parent-child relationship underIC 31-35.
However, the juvenile court's jurisdiction is limited as described inIC 12-26-1-4.
As added by P.L.1-1997, SEC.13.
IC 31-30-1-6
Probate court jurisdiction over guardianship of person less than 18years of age
Sec. 6. (a) Subject to subsections (b) and (c), this article does notprohibit a probate court from exercising its jurisdiction overguardianship of a person who is less than eighteen (18) years of age.
(b) If allegations in the petition for guardianship or allegationsproduced at guardianship proceedings indicate that the person forwhom the guardianship is requested meets the definition of a childin need of services under IC 31-34-1, the probate court on its ownmotion or at the request of a party shall:
(1) send the petition for guardianship or the record ofguardianship proceedings, or both, to the prosecuting attorneyor the attorney for the department of child services; and
(2) direct the prosecuting attorney or the attorney for thedepartment of child services to initiate an investigation andproceedings in the juvenile court to determine whether theperson for whom the guardianship is requested is a child in needof services.
(c) The probate court retains jurisdiction over the matter until thejuvenile court authorizes the filing of a petition under IC 31-34-9.
As added by P.L.1-1997, SEC.13. Amended by P.L.145-2006,SEC.275.
IC 31-30-1-7
Juveniles tried as adults
Sec. 7. A juvenile court has concurrent original jurisdiction incases involving individuals who are subject to prosecution underIC 14-15-10-3.
As added by P.L.1-1997, SEC.13.
IC 31-30-1-8
Exclusive jurisdiction of juvenile division of Marion superior court
Sec. 8. The juvenile division of the Marion superior courtestablished under IC 33-33-49 has exclusive jurisdiction over a childwho:
(1) has been taken into custody in Marion County; and
(2) has allegedly committed an act that would be amisdemeanor traffic offense if committed by an adult.
As added by P.L.1-1997, SEC.13. Amended by P.L.98-2004,SEC.105.
IC 31-30-1-9
Concurrent original jurisdiction of act that would be murder orfelony by child who left Indiana; transfer following extradition
Sec. 9. (a) A court having felony jurisdiction has concurrentoriginal jurisdiction with the juvenile court if there is probable causeto believe that:
(1) a child has committed an act that would be murder or afelony if committed by an adult;
(2) the child has left Indiana; and
(3) the state cannot obtain jurisdiction over the child in anyother lawful manner except under the proceedings authorizedfor the extradition of alleged felons.
(b) Upon the return of any child under the criminal extraditionlaw, the court having felony jurisdiction shall immediately transferthe child to the juvenile court under section 11 of this chapter.
As added by P.L.1-1997, SEC.13.
IC 31-30-1-10
Paternity proceedings to enforce support
Sec. 10. A circuit court has concurrent original jurisdiction withthe juvenile court, including the probate court described inIC 33-31-1-9(b), for the purpose of establishing the paternity of achild in a proceeding under:
(1) IC 31-18;
(2) IC 31-1.5 (before its repeal); or
(3) IC 31-2-1 (before its repeal);
to enforce a duty of support.
As added by P.L.1-1997, SEC.13. Amended by P.L.98-2004,SEC.106.
IC 31-30-1-11
Transfer from court having criminal jurisdiction; release onrecognizance; detention
Sec. 11. (a) Except as provided in section 9 of this chapter, if acourt having criminal jurisdiction determines that a defendant isalleged to have committed a crime before the defendant is eighteen(18) years of age, the court shall immediately transfer the case,together with certified copies of all papers, documents, andtestimony, to the juvenile court. The juvenile court shall proceed as
if it had received a referral under IC 31-37-8.
(b) The court having criminal jurisdiction shall release the childon the child's own recognizance or to the child's parent, guardian, orcustodian upon that person's written promise to bring the child beforethe juvenile court at a specified time. However, the court may orderthe child detained if the court finds probable cause to believe that thechild committed an act that would be a crime if committed by anadult and that:
(1) the child is unlikely to appear before the juvenile court forsubsequent proceedings;
(2) detention is essential to protect the child or the community;
(3) the parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child; or
(4) the child has a reasonable basis for requesting that he or shenot be released.
If the child is detained for a reason specified by subdivision (3) or(4), the child must be detained in accordance with IC 31-37-7-1.
(c) If the child is not released, the child shall be delivered to aplace designated by the juvenile court. The court having criminaljurisdiction shall promptly notify the child's parent, guardian, orcustodian and an intake officer of where the child is being held andthe reasons for the child's detention.
(d) A child transferred to the juvenile court under this section (orIC 31-6-2-2 before its repeal) may not be released on bail.
As added by P.L.1-1997, SEC.13.
IC 31-30-1-12
Jurisdiction of child custody proceeding in marriage dissolution
Sec. 12. (a) Subject to subsection (b), a court having jurisdictionunder IC 31-17-2 of a child custody proceeding in a marriagedissolution has concurrent original jurisdiction with the juvenilecourt for the purpose of modifying custody of a child who is underthe jurisdiction of the juvenile court because:
(1) the child is the subject of a child in need of servicesproceeding;
(2) the child is the subject of a juvenile delinquency proceedingthat does not involve an act described under IC 31-37-1-2; or
(3) the child is the subject of a paternity proceeding.
(b) Whenever the court having child custody jurisdiction underIC 31-17-2 in a marriage dissolution modifies child custody asprovided by this section, the modification is effective only when thejuvenile court:
(1) enters an order approving the child custody modification; or
(2) terminates the child in need of services proceeding, thejuvenile delinquency proceeding, or the paternity proceeding.
As added by P.L.164-1999, SEC.2.
IC 31-30-1-13
Jurisdiction of child custody proceeding in paternity proceeding Sec. 13. (a) Subject to subsection (b), a court having jurisdictionunder IC 31-14 of a child custody proceeding in a paternityproceeding has concurrent original jurisdiction with another juvenilecourt for the purpose of modifying custody of a child who is underthe jurisdiction of the other juvenile court because:
(1) the child is the subject of a child in need of servicesproceeding; or
(2) the child is the subject of a juvenile delinquency proceedingthat does not involve an act described under IC 31-37-1-2.
(b) Whenever the court having child custody jurisdiction underIC 31-14 in a paternity proceeding modifies child custody asprovided by this section, the modification is effective only when thejuvenile court with jurisdiction over the child in need of servicesproceeding or juvenile delinquency proceeding:
(1) enters an order approving the child custody modification; or
(2) terminates the child in need of services proceeding or thejuvenile delinquency proceeding.
As added by P.L.164-1999, SEC.3.