CHAPTER 6. TRIAL IN OPEN COURT; JURY TRIAL

IC 31-32-6
    Chapter 6. Trial in Open Court; Jury Trial

IC 31-32-6-1
Adults charged with contempt or criminal charges
    Sec. 1. All proceedings in the juvenile court involving adultscharged with:
        (1) contempt of court; or
        (2) criminal charges;
shall be tried in open court.
As added by P.L.1-1997, SEC.15.

IC 31-32-6-2
Exclusion of public
    Sec. 2. The juvenile court shall determine whether the publicshould be excluded from a proceeding other than a juvenileproceeding described in section 3 of this chapter.
As added by P.L.1-1997, SEC.15.

IC 31-32-6-3
Certain delinquency proceedings open to public
    Sec. 3. Except as provided in section 4 of this chapter, adelinquency proceeding is open to the public whenever a petitionalleging that the child has committed an act that would be murder ora felony if committed by an adult is filed under IC 31-37-10.
As added by P.L.1-1997, SEC.15.

IC 31-32-6-4
Closing of proceeding to protect child witness or child victim;motion
    Sec. 4. (a) Upon motion of the prosecuting attorney, the child, orthe child's guardian ad litem, counsel, parent, guardian, or custodian,the court may issue an order closing a proceeding during thetestimony of a child witness or child victim if the court finds that:
        (1) an allegation or a defense involves matters of a sexualnature; and
        (2) closing the proceeding is necessary to protect the welfare ofa child witness or child victim.
    (b) Upon motion of the prosecuting attorney, the child, or thechild's guardian ad litem, counsel, parent, guardian, or custodian, thecourt may issue an order closing a proceeding during the testimonyof a health care provider if the court finds that:
        (1) the testimony involves matters that would be protectedunder 45 CFR Parts 160 and 164 (Health Insurance Portabilityand Accountability Act of 1996 (HIPAA)); or
        (2) the testimony involves matters that would be a privilegedcommunication between a health care provider and the healthcare provider's patient.
    (c) Upon motion of the prosecuting attorney, the child, or thechild's guardian ad litem, counsel, parent, guardian, or custodian, the

court may issue an order closing a proceeding during the testimonyof:
        (1) a:
            (A) certified social worker;
            (B) certified clinical social worker; or
            (C) certified marriage and family therapist;
        regarding a client;
        (2) a school counselor regarding a student; or
        (3) a school psychologist regarding a student.
As added by P.L.1-1997, SEC.15. Amended by P.L.170-2009,SEC.11.

IC 31-32-6-5
Closing of proceeding to protect child witness or child victim;factors
    Sec. 5. In determining whether closing a proceeding is necessaryto protect the welfare of a child witness or child victim, the courtshall consider the following:
        (1) The nature of the allegation or defense.
        (2) The age of a child witness or child victim.
        (3) The psychological maturity of a child witness or childvictim.
        (4) The desire of a child witness or child victim to testify in aproceeding closed to the public.
As added by P.L.1-1997, SEC.15.

IC 31-32-6-6
Closing of proceeding to protect child witness or child victim;findings; filing of exclusion order
    Sec. 6. If a proceeding is closed to the public under section 4 ofthis chapter, the juvenile court shall:
        (1) make findings of fact concerning the closing of theproceeding; and
        (2) place the exclusion order in the file of the proceedings.
As added by P.L.1-1997, SEC.15.

IC 31-32-6-7
Bench trials; jury trial for adult charged with crime
    Sec. 7. (a) Except as provided in subsection (b), all matters injuvenile court shall be tried to the court.
    (b) A trial of an adult charged with a crime shall be tried to a juryunless the adult requests a bench trial.
As added by P.L.1-1997, SEC.15.

IC 31-32-6-8
Exclusion of child
    Sec. 8. In proceedings involving:
        (1) the termination of the parent-child relationship; or
        (2) a child in need of services;
the child may be excluded from any part of any hearing for good

cause shown upon the record.
As added by P.L.1-1997, SEC.15.