CHAPTER 1. APPLICABLE RULES OF PROCEDURE
IC 31-32
ARTICLE 32. JUVENILE LAW: JUVENILE COURTPROCEDURES
IC 31-32-1
Chapter 1. Applicable Rules of Procedure
IC 31-32-1-1
Applicability of rules governing criminal trials
Sec. 1. If a child is alleged to be a delinquent child, the proceduresgoverning criminal trials apply in all matters not covered by thejuvenile law.
As added by P.L.1-1997, SEC.15.
IC 31-32-1-2
Applicability of laws governing criminal trials
Sec. 2. If a person is charged with a crime, the laws governingcriminal trials apply.
As added by P.L.1-1997, SEC.15.
IC 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, theIndiana Rules of Trial Procedure apply in all matters not covered bythe juvenile law.
As added by P.L.1-1997, SEC.15.
IC 31-32-1-4
Hearing notices regarding CHINS or delinquent cases
Sec. 4. (a) Any written notice of a hearing or other courtproceeding in a child in need of services case under IC 31-34 or adelinquency case under IC 31-37 shall be given to:
(1) a party in the manner provided by Rule 5 of the IndianaRules 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 ofTrial Procedure.
(b) Notice by mail must be deposited in the United States mail notless than five (5) calendar days (excluding Saturdays, Sundays, andnational legal holidays recognized by the federal government) beforethe 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 courtat an earlier hearing or proceeding at which the individual to benotified is present. (e) Written notice is not required if:
(1) the hearing or proceeding is scheduled to be held at a timewithin forty eight (48) hours (excluding Saturdays, Sundays,and any day on which a legal holiday is observed for stateemployees) after the court sets the time for the hearing orproceeding; and
(2) the individual responsible for giving the notice under thissection:
(A) provides verbal notice of the date, time, place, andpurpose of the hearing or proceeding directly to the personrequired to be notified; and
(B) verifies by affidavit or testimony at the hearing thatverbal 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 ahearing or proceeding in a child in need of services case underIC 31-34; and
(2) the prosecuting attorney or the probation department of thejuvenile court is responsible for giving all notices of a hearingor proceeding in a delinquency case under IC 31-37.
As added by P.L.138-2007, SEC.64.