IC 31-32-2

    

Chapter 2. Rights of Persons Subject to Juvenile Court
Jurisdiction


IC 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.

As added by P.L.1-1997, SEC.15.


IC 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.

As added by P.L.1-1997, SEC.15.


IC 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.

IC 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.

As added by P.L.1-1997, SEC.15.


IC 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.

As added by P.L.1-1997, SEC.15.


IC 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.

As added by P.L.1-1997, SEC.15.


IC 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.

As added by P.L.1-1997, SEC.15.


IC 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.

As added by P.L.1-1997, SEC.15.