IC 31-37-11
    Chapter 11. Time Limits for Petitions; Motions for Continuance

IC 31-37-11-1
Time for filing petition alleging delinquency of child in detention
    Sec. 1. If a child is in detention, a petition alleging delinquencymust be filed not later than seven (7) days, excluding Saturdays,Sundays, and legal holidays, after the child is taken into custody.
As added by P.L.1-1997, SEC.20.

IC 31-37-11-2
Time for factfinding hearing or waiver hearing
    Sec. 2. (a) If:
        (1) a child is in detention; and
        (2) a petition has been filed;
a fact-finding hearing or a waiver hearing must be commenced notlater than twenty (20) days, excluding Saturdays, Sundays, and legalholidays, after the petition is filed.
    (b) If:
        (1) a child is not in detention; and
        (2) a petition has been filed;
the hearing must be commenced not later than sixty (60) days,excluding Saturdays, Sundays, and legal holidays, after the petitionis filed.
    (c) A child who is ordered detained in the home of the child'sparent, guardian, or custodian or who is subject to other conditionsof release under IC 31-37-6-6 may not be considered as beingdetained for purposes of this section.
As added by P.L.1-1997, SEC.20. Amended by P.L.188-1999, SEC.3.

IC 31-37-11-3
Waiver denied; time for factfinding hearing
    Sec. 3. If waiver is denied, the factfinding hearing must becommenced not later than ten (10) days, excluding Saturdays,Sundays, and legal holidays, after the denial.
As added by P.L.1-1997, SEC.20.

IC 31-37-11-4
Waiver granted; computation of time
    Sec. 4. If waiver is granted, the computation of time underCriminal Rule 4 commences on the date of the waiver order.
As added by P.L.1-1997, SEC.20.

IC 31-37-11-5
Answer to petition alleging delinquency exceeding one year inaggregate
    Sec. 5. A child may not be required to answer a petition allegingthat the child is a delinquent child for more than one (1) year inaggregate.
As added by P.L.1-1997, SEC.20.
IC 31-37-11-6
Effect of continuances and actions of child on computation of time
    Sec. 6. Times specified in sections 2 and 3 of this chapter shall becomputed excluding delays resulting from any of the following:
        (1) Continuances granted on the child's motion.
        (2) The actions of the child.
        (3) Congestion of the court calendar if the prosecuting attorneymoves for a continuance not later than three (3) days before thehearing, except that a motion may be filed less than three (3)days before the hearing if the prosecuting attorney shows thatthe delay was not the fault of the state.
As added by P.L.1-1997, SEC.20.

IC 31-37-11-7
Release for noncompliance with time limits
    Sec. 7. If:
        (1) a child is in detention; and
        (2) the times in sections 1, 2, and 3 of this chapter are notfollowed;
the child shall be released on the child's own recognizance or to thechild's parents, guardian, or custodian.
As added by P.L.1-1997, SEC.20.

IC 31-37-11-8
Prosecuting attorney's motion for continuance because of absenceof witness
    Sec. 8. (a) If a child moves for discharge, the prosecuting attorneymay move for a continuance of the factfinding hearing or waiverhearing because of the absence of a witness if the prosecutingattorney makes an official statement:
        (1) setting forth the name and address of the witness if known;
        (2) indicating the probability of procuring the witness'stestimony within a reasonable time;
        (3) showing that the absence of the witness has not beenprocured by the act of the prosecuting attorney;
        (4) stating the facts to which the prosecuting attorney believesthe witness will testify and the prosecuting attorney's belief thatthe facts are true; and
        (5) stating that the prosecuting attorney is unable to prove thefacts specified under subdivision (4) through the use of anyother witness whose testimony may be as readily procured.
    (b) Upon the child's request, the court shall order that theprosecuting attorney's motion and official statement be made inwriting.
As added by P.L.1-1997, SEC.20.

IC 31-37-11-9
Order for continuance; grounds; discharge for failure to timelycommence hearing
    Sec. 9. (a) Upon a motion for a continuance under section 8 of this

chapter, the court may continue the factfinding hearing or the waiverhearing for not more than ninety (90) days. However, the hearingmay not be continued if, after the prosecuting attorney moves for thecontinuance as the result of:
        (1) a witness's absence, the child admits that the absent witnesswould testify to the facts alleged in the prosecuting attorney'sofficial statement; or
        (2) the unavailability of written or documentary evidence, thechild admits that the written or documentary evidence exists.
    (b) If the hearing is not commenced within the ninety (90) dayperiod required by this section, the court shall discharge the child.
As added by P.L.1-1997, SEC.20.

IC 31-37-11-10
Child causing delay; extension of time period
    Sec. 10. (a) Except as provided in subsection (b), if:
        (1) a continuance is granted on a child's motion; or
        (2) the proceedings are delayed by a child's act;
a time period is extended by the amount of the resulting delay.
    (b) If a child causes a delay during the last thirty (30) days of atime period, the state may petition the court for an additional thirty(30) day extension.
As added by P.L.1-1997, SEC.20.