CHAPTER 12. INITIAL HEARING AND ISSUANCE OF SUMMONS
IC 31-37-12
Chapter 12. Initial Hearing and Issuance of Summons
IC 31-37-12-1
Application of chapter
Sec. 1. This chapter applies only to a child alleged to be adelinquent child.
As added by P.L.1-1997, SEC.20.
IC 31-37-12-2
Initial hearing; service of copy of petition and summons; notice ofinitial hearing
Sec. 2. (a) The juvenile court shall hold an initial hearing on eachpetition.
(b) The juvenile court shall set a time for the initial hearing. Asummons shall be issued for the following:
(1) The child.
(2) The child's parent, guardian, custodian, or guardian ad litem.
(3) Any other person necessary for the proceedings.
(c) A copy of the petition must accompany each summons. Theclerk shall issue the summons under Rule 4 of the Indiana Rules ofTrial Procedure.
(d) The prosecuting attorney or the probation department of thejuvenile court shall provide notice of the time, place, and purpose ofthe initial hearing scheduled or held under this section to each fosterparent or other caretaker with whom the child has been placed fortemporary care under IC 31-37-5 or IC 31-37-7. The court shall:
(1) provide a:
(A) person for whom a summons is required to be issuedunder subsection (b); and
(B) person required to be notified under this subsection;
an opportunity to be heard; and
(2) allow a person described in subdivision (1) to makerecommendations to the court;
at the initial hearing.
As added by P.L.1-1997, SEC.20. Amended by P.L.138-2007,SEC.82.
IC 31-37-12-3
Representation by counsel; waiver; appointment
Sec. 3. (a) Before complying with the other requirements of thissection, the juvenile court shall first determine whether counsel hasbeen:
(1) waived under IC 31-32-5; or
(2) previously obtained.
(b) If counsel has not been waived or previously obtained, thejuvenile court shall appoint counsel under IC 31-32-4.
As added by P.L.1-1997, SEC.20.
IC 31-37-12-4 Waiver of jurisdiction
Sec. 4. The court shall next determine whether the prosecutingattorney intends to seek a waiver of jurisdiction under IC 31-30-3. Ifa waiver is sought, the court:
(1) may not accept an admission or a denial of the allegationsfrom the child under section 9 of this chapter; and
(2) shall do the following:
(A) Schedule a waiver hearing.
(B) Advise the child according to section 5 of this chapter.
As added by P.L.1-1997, SEC.20.
IC 31-37-12-5
Duty to inform child and parent, guardian, or custodian regardingnature of allegations, child's legal rights, jurisdiction, anddispositional alternatives
Sec. 5. The juvenile court shall inform the child and the child'sparent, guardian, or custodian, if the person is present, of thefollowing:
(1) The nature of the allegations against the child.
(2) The child's right to the following:
(A) Be represented by counsel.
(B) Have a speedy trial.
(C) Confront witnesses against the child.
(D) Cross-examine witnesses against the child.
(E) Obtain witnesses or tangible evidence by compulsoryprocess.
(F) Introduce evidence on the child's own behalf.
(G) Refrain from testifying against himself or herself.
(H) Have the state prove beyond a reasonable doubt that thechild committed the delinquent act charged.
(3) The possibility of waiver to a court having criminaljurisdiction.
(4) The dispositional alternatives available to the juvenile courtif the child is adjudicated a delinquent child.
As added by P.L.1-1997, SEC.20.
IC 31-37-12-6
Duty to inform parent or guardian of estate of effect ofadjudication
Sec. 6. The juvenile court shall inform the parent or guardian ofthe estate of the following if a child is adjudicated a delinquent child:
(1) The parent, guardian, or custodian of the child may berequired to participate in a program of care, treatment, orrehabilitation for the child.
(2) The parent or guardian may be held financially responsiblefor services provided for the child or the parent or guardian.
(3) The parent, guardian, or custodian of the child maycontrovert:
(A) an allegation made at the dispositional or other hearingconcerning the participation of the parent, guardian, or
custodian; or
(B) an allegation concerning the financial responsibility ofthe parent, guardian, or custodian for services that would beprovided.
As added by P.L.1-1997, SEC.20.
IC 31-37-12-7
Child's admission or denial of allegations
Sec. 7. (a) If:
(1) the prosecuting attorney has not requested that the juvenilecourt waive the court's jurisdiction; or
(2) a waiver has been requested and denied;
the juvenile court shall determine whether a child admits or deniesthe allegations of a petition.
(b) A failure to respond constitutes a denial.
As added by P.L.1-1997, SEC.20.
IC 31-37-12-8
Procedure following admission of allegations by child
Sec. 8. If a child admits the allegations of a petition, the juvenilecourt shall do the following:
(1) Enter judgment accordingly.
(2) Schedule a dispositional hearing.
As added by P.L.1-1997, SEC.20.
IC 31-37-12-9
Dispositional hearing; factfinding hearing; consent
Sec. 9. (a) If a child has admitted the allegations of a petition, thejuvenile court may hold the dispositional hearing immediately afterthe initial hearing.
(b) If a child denies the allegations, the juvenile court may holdthe factfinding hearing immediately after the initial hearing.
(c) Except as provided in section 10 of this chapter:
(1) the child;
(2) the child's:
(A) counsel;
(B) guardian ad litem;
(C) parent;
(D) guardian; or
(E) custodian; and
(3) the person representing the interests of the state;
must consent to the timing of the hearing.
As added by P.L.1-1997, SEC.20.
IC 31-37-12-10
Consent by emancipated child
Sec. 10. If a child is emancipated:
(1) under IC 31-37-19-27;
(2) by virtue of having married; or
(3) in accordance with the laws of another state or jurisdiction;it is only necessary for the child to consent to the factfinding hearingor the dispositional hearing described in section 9 of this chapter.
As added by P.L.1-1997, SEC.20.