IC 31-37-8
    Chapter 8. Information About Delinquent Children, Investigation,and Preliminary Inquiry

IC 31-37-8-1
Receipt and forwarding of information concerning delinquentchild; preliminary inquiry
    Sec. 1. (a) A person may give an intake officer or a prosecutingattorney written information indicating that a child is a delinquentchild.
    (b) If the information is given to the intake officer, the intakeofficer shall immediately forward the information to the prosecutingattorney.
    (c) If the prosecuting attorney has reason to believe the child hascommitted a delinquent act, the prosecuting attorney shall instructthe intake officer to make a preliminary inquiry to determine whetherthe interests of the public or of the child require further action.
As added by P.L.1-1997, SEC.20.

IC 31-37-8-2
Contents of preliminary inquiry
    Sec. 2. A preliminary inquiry is an informal investigation into thefacts and circumstances reported to the court. Whenever practicable,the preliminary inquiry should include the following information:
        (1) The child's background.
        (2) The child's current status.
        (3) The child's school performance.
        (4) If the child has been detained:
            (A) efforts made to prevent removal of the child from thechild's home, including the identification of any emergencysituation that prevented reasonable efforts to avoid removal;
            (B) whether it is in the best interests of the child to beremoved from the home environment; and
            (C) whether remaining in the home would be contrary to thehealth and welfare of the child.
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008,SEC.626.

IC 31-37-8-3
Notice of conduct and nature of preliminary inquiry
    Sec. 3. If a parent, guardian, or custodian of a child seeksinformation concerning a preliminary inquiry, the person shall benotified:
        (1) whether a preliminary inquiry is being made; and
        (2) if so, the nature of the inquiry.
As added by P.L.1-1997, SEC.20.

IC 31-37-8-4
Advisement required for child interview
    Sec. 4. If a child interview occurs, the intake officer shall advise

the child and the child's parent, guardian, or custodian of thefollowing:
        (1) The nature of the allegations against the child.
        (2) That the intake officer is conducting a preliminary inquiryto assist the prosecuting attorney in determining whether apetition should be filed alleging that the child is a delinquentchild.
        (3) That the intake officer will recommend whether to:
            (A) file a petition;
            (B) informally adjust the case;
            (C) refer the child to another agency; or
            (D) dismiss the case.
        (4) That the child has a right to remain silent.
        (5) That anything the child says may be used against the childin subsequent judicial proceedings.
        (6) That the child has a right to consult with an attorney beforethe child talks with the intake officer.
        (7) That the child has a right to stop at any time and consultwith an attorney.
        (8) That the child has a right to stop talking with the intakeofficer at any time.
        (9) That if the child cannot afford an attorney, the court willappoint an attorney for the child.
As added by P.L.1-1997, SEC.20.

IC 31-37-8-4.5
Privileged communication to a mental health evaluator; exceptions
    Sec. 4.5. (a) This section applies only to a court ordered orvoluntary mental health:
        (1) screening;
        (2) assessment;
        (3) evaluation; or
        (4) treatment;
provided by or under the direction of an evaluator, as defined inIC 31-9-2-43.8, in conjunction with proceedings under this chapter.
    (b) Notwithstanding section 4(5) of this chapter and except asprovided 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 officialcapacity may not be admitted as evidence against the child on theissue of whether the child committed a delinquent act or a crime.
    (c) This section does not affect the admissibility of evidence whena juvenile interposes the defense of insanity.
    (d) This section does not affect a disclosure or reportingrequirement in effect on July 1, 2007, under statute or in case lawregarding a statement that:
        (1) relates directly to the facts or immediate circumstances of ahomicide; or
        (2) reveals that the child may intend to commit a crime.As added by P.L.120-2007, SEC.4.

IC 31-37-8-5
Provision of copies of preliminary inquiry and recommendation
    Sec. 5. (a) The intake officer shall do the following:
        (1) Send the prosecuting attorney a copy of the preliminaryinquiry.
        (2) Recommend whether to:
            (A) file a petition;
            (B) informally adjust the case;
            (C) refer the child to another agency; or
            (D) dismiss the case.
    (b) The prosecuting attorney and the court may agree to alter theprocedure described in subsection (a).
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006,SEC.337; P.L.146-2008, SEC.627.

IC 31-37-8-6
Decision whether to file petition
    Sec. 6. The prosecuting attorney shall decide whether to file apetition.
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008,SEC.628.