IC 31-37-10
    Chapter 10. Filing of Petition Alleging That Child Is DelinquentChild

IC 31-37-10-1
Standing
    Sec. 1. The prosecuting attorney may file a petition alleging thata child is a delinquent child.
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008,SEC.633.

IC 31-37-10-2
Approval of filing of petition
    Sec. 2. The juvenile court shall do the following:
        (1) Consider the preliminary inquiry and the evidence ofprobable cause.
        (2) Approve the filing of a petition if there is probable cause tobelieve that:
            (A) the child is a delinquent child; and
            (B) it is in the best interests of the child or the public that thepetition be filed.
As added by P.L.1-1997, SEC.20.

IC 31-37-10-3
Petition; verification and contents
    Sec. 3. A petition must:
        (1) be verified;
        (2) be entitled "In the Matter of __________, a Child Allegedto be a Delinquent Child"; and
        (3) contain the following information:
            (A) A citation to the provision of the juvenile law that givesthe juvenile court jurisdiction in the proceeding.
            (B) A citation to the statute that the child is alleged to haveviolated.
            (C) A concise statement of the facts upon which theallegations are based, including the date and location atwhich the alleged act occurred.
            (D) The child's name, birth date, and residence address ifknown.
            (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.
As added by P.L.1-1997, SEC.20.

IC 31-37-10-4
Error in or omission of citation; effect
    Sec. 4. Error in a citation or the omission of a citation is groundfor:
        (1) dismissal of the petition; or
        (2) reversal of the adjudication;only if the error or omission misleads the child to the child'sprejudice.
As added by P.L.1-1997, SEC.20.

IC 31-37-10-5
Written request that child be taken into custody; finding
    Sec. 5. (a) If the filing of a petition is approved by the court undersection 2 of this chapter, the prosecuting attorney may request inwriting that the child be taken into custody. The person must supportthis request with sworn testimony or affidavit.
    (b) The court may grant the request if the court makes writtenfindings of fact upon the record that a ground for detention existsunder IC 31-37-6-6.
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008,SEC.634.

IC 31-37-10-6
Detention hearing
    Sec. 6. If the juvenile court grants the request to have the childtaken into custody, the court shall proceed in accordance withIC 31-37-6.
As added by P.L.1-1997, SEC.20.

IC 31-37-10-7
Parties
    Sec. 7. The:
        (1) child;
        (2) child's parent, guardian, or custodian; and
        (3) prosecuting attorney;
are parties to the proceedings described in the juvenile law and haveall rights of parties provided under the Indiana Rules of TrialProcedure.
As added by P.L.1-1997, SEC.20.

IC 31-37-10-8
Motion to dismiss by person representing state's interests
    Sec. 8. Upon motion by the person representing the interests ofthe state, the juvenile court shall dismiss any petition the person hasfiled.
As added by P.L.1-1997, SEC.20.