State Codes and Statutes

Statutes > Indiana > Title31 > Ar32 > Ch2

IC 31-32-2
     Chapter 2. Rights of Persons Subject to Juvenile Court Jurisdiction

IC 31-32-2-1
Rights of child
    
Sec. 1. Except when a child may be excluded from a hearing under IC 31-32-6, a child is entitled to:
        (1) cross-examine witnesses;
        (2) obtain witnesses or tangible evidence by compulsory process; and
        (3) introduce evidence on the child's own behalf.
As added by P.L.1-1997, SEC.15.

IC 31-32-2-2
Additional rights of child charged with delinquent act
    
Sec. 2. In addition to the rights described in section 1 of this chapter, a child charged with a delinquent act is also entitled to:
        (1) be represented by counsel under IC 31-32-4;
        (2) refrain from testifying against the child; and
        (3) confront witnesses.
As added by P.L.1-1997, SEC.15.

IC 31-32-2-2.5
Privileged statements made to a mental health evaluator; exceptions
    
Sec. 2.5. (a) This section applies only to a court ordered or voluntary mental health:
        (1) screening;
        (2) assessment;
        (3) evaluation; or
        (4) treatment;
provided by or under the direction of an evaluator, as defined in IC 31-9-2-43.8, in conjunction with proceedings under this article.
    (b) Except as provided 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 official capacity may not be admitted as evidence against the child on the issue of whether the child committed a delinquent act or a crime.
    (c) This section does not affect the admissibility of evidence when a juvenile interposes the defense of insanity.
    (d) This section does not affect a disclosure or reporting requirement in effect on July 1, 2007, under statute or in case law regarding a statement that:
        (1) relates directly to the facts or immediate circumstances of a homicide; or
        (2) reveals that the child may intend to commit a crime.
As added by P.L.120-2007, SEC.3.
IC 31-32-2-3
Rights of parent, guardian, or custodian
    
Sec. 3. (a) This section applies to the following proceedings:
        (1) Proceedings to determine whether a child is a child in need of services.
        (2) Proceedings to determine whether the parent, guardian, or custodian of a child should participate in a program of care, treatment, or rehabilitation for the child.
        (3) Proceedings to determine whether the parent or guardian of the estate of a child should be held financially responsible for any services provided to the parent or guardian or the child of the parent or guardian.
        (4) Proceedings to terminate the parent-child relationship.
    (b) A parent, guardian, or custodian is entitled:
        (1) to cross-examine witnesses;
        (2) to obtain witnesses or tangible evidence by compulsory process; and
        (3) to introduce evidence on behalf of the parent, guardian, or custodian.
As added by P.L.1-1997, SEC.15.

IC 31-32-2-4
Waiver to court having criminal jurisdiction; requirement for criminal charge or conviction
    
Sec. 4. A child may not be charged with or convicted of a crime, except a crime excluded by IC 31-30-1, unless the child has been waived to a court having criminal jurisdiction.
As added by P.L.1-1997, SEC.15.

IC 31-32-2-5
Parent's right to representation by counsel
    
Sec. 5. A parent is entitled to representation by counsel in proceedings to terminate the parent-child relationship.
As added by P.L.1-1997, SEC.15.

IC 31-32-2-6
Adjudication not considered criminal conviction; civil disability not imposed
    
Sec. 6. (a) A child may not be considered a criminal as the result of an adjudication in a juvenile court, nor may an adjudication in juvenile court be considered a conviction of a crime.
    (b) An adjudication in juvenile court does not impose any civil disability imposed by conviction of a crime.
As added by P.L.1-1997, SEC.15.

IC 31-32-2-7
Contact with juvenile justice system not disqualification from governmental application, examination, or appointment
    
Sec. 7. A child's contact with the juvenile justice system does not disqualify the child from any governmental application, examination,

or appointment.
As added by P.L.1-1997, SEC.15.

State Codes and Statutes

Statutes > Indiana > Title31 > Ar32 > Ch2

IC 31-32-2
     Chapter 2. Rights of Persons Subject to Juvenile Court Jurisdiction

IC 31-32-2-1
Rights of child
    
Sec. 1. Except when a child may be excluded from a hearing under IC 31-32-6, a child is entitled to:
        (1) cross-examine witnesses;
        (2) obtain witnesses or tangible evidence by compulsory process; and
        (3) introduce evidence on the child's own behalf.
As added by P.L.1-1997, SEC.15.

IC 31-32-2-2
Additional rights of child charged with delinquent act
    
Sec. 2. In addition to the rights described in section 1 of this chapter, a child charged with a delinquent act is also entitled to:
        (1) be represented by counsel under IC 31-32-4;
        (2) refrain from testifying against the child; and
        (3) confront witnesses.
As added by P.L.1-1997, SEC.15.

IC 31-32-2-2.5
Privileged statements made to a mental health evaluator; exceptions
    
Sec. 2.5. (a) This section applies only to a court ordered or voluntary mental health:
        (1) screening;
        (2) assessment;
        (3) evaluation; or
        (4) treatment;
provided by or under the direction of an evaluator, as defined in IC 31-9-2-43.8, in conjunction with proceedings under this article.
    (b) Except as provided 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 official capacity may not be admitted as evidence against the child on the issue of whether the child committed a delinquent act or a crime.
    (c) This section does not affect the admissibility of evidence when a juvenile interposes the defense of insanity.
    (d) This section does not affect a disclosure or reporting requirement in effect on July 1, 2007, under statute or in case law regarding a statement that:
        (1) relates directly to the facts or immediate circumstances of a homicide; or
        (2) reveals that the child may intend to commit a crime.
As added by P.L.120-2007, SEC.3.
IC 31-32-2-3
Rights of parent, guardian, or custodian
    
Sec. 3. (a) This section applies to the following proceedings:
        (1) Proceedings to determine whether a child is a child in need of services.
        (2) Proceedings to determine whether the parent, guardian, or custodian of a child should participate in a program of care, treatment, or rehabilitation for the child.
        (3) Proceedings to determine whether the parent or guardian of the estate of a child should be held financially responsible for any services provided to the parent or guardian or the child of the parent or guardian.
        (4) Proceedings to terminate the parent-child relationship.
    (b) A parent, guardian, or custodian is entitled:
        (1) to cross-examine witnesses;
        (2) to obtain witnesses or tangible evidence by compulsory process; and
        (3) to introduce evidence on behalf of the parent, guardian, or custodian.
As added by P.L.1-1997, SEC.15.

IC 31-32-2-4
Waiver to court having criminal jurisdiction; requirement for criminal charge or conviction
    
Sec. 4. A child may not be charged with or convicted of a crime, except a crime excluded by IC 31-30-1, unless the child has been waived to a court having criminal jurisdiction.
As added by P.L.1-1997, SEC.15.

IC 31-32-2-5
Parent's right to representation by counsel
    
Sec. 5. A parent is entitled to representation by counsel in proceedings to terminate the parent-child relationship.
As added by P.L.1-1997, SEC.15.

IC 31-32-2-6
Adjudication not considered criminal conviction; civil disability not imposed
    
Sec. 6. (a) A child may not be considered a criminal as the result of an adjudication in a juvenile court, nor may an adjudication in juvenile court be considered a conviction of a crime.
    (b) An adjudication in juvenile court does not impose any civil disability imposed by conviction of a crime.
As added by P.L.1-1997, SEC.15.

IC 31-32-2-7
Contact with juvenile justice system not disqualification from governmental application, examination, or appointment
    
Sec. 7. A child's contact with the juvenile justice system does not disqualify the child from any governmental application, examination,

or appointment.
As added by P.L.1-1997, SEC.15.


State Codes and Statutes

State Codes and Statutes

Statutes > Indiana > Title31 > Ar32 > Ch2

IC 31-32-2
     Chapter 2. Rights of Persons Subject to Juvenile Court Jurisdiction

IC 31-32-2-1
Rights of child
    
Sec. 1. Except when a child may be excluded from a hearing under IC 31-32-6, a child is entitled to:
        (1) cross-examine witnesses;
        (2) obtain witnesses or tangible evidence by compulsory process; and
        (3) introduce evidence on the child's own behalf.
As added by P.L.1-1997, SEC.15.

IC 31-32-2-2
Additional rights of child charged with delinquent act
    
Sec. 2. In addition to the rights described in section 1 of this chapter, a child charged with a delinquent act is also entitled to:
        (1) be represented by counsel under IC 31-32-4;
        (2) refrain from testifying against the child; and
        (3) confront witnesses.
As added by P.L.1-1997, SEC.15.

IC 31-32-2-2.5
Privileged statements made to a mental health evaluator; exceptions
    
Sec. 2.5. (a) This section applies only to a court ordered or voluntary mental health:
        (1) screening;
        (2) assessment;
        (3) evaluation; or
        (4) treatment;
provided by or under the direction of an evaluator, as defined in IC 31-9-2-43.8, in conjunction with proceedings under this article.
    (b) Except as provided 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 official capacity may not be admitted as evidence against the child on the issue of whether the child committed a delinquent act or a crime.
    (c) This section does not affect the admissibility of evidence when a juvenile interposes the defense of insanity.
    (d) This section does not affect a disclosure or reporting requirement in effect on July 1, 2007, under statute or in case law regarding a statement that:
        (1) relates directly to the facts or immediate circumstances of a homicide; or
        (2) reveals that the child may intend to commit a crime.
As added by P.L.120-2007, SEC.3.
IC 31-32-2-3
Rights of parent, guardian, or custodian
    
Sec. 3. (a) This section applies to the following proceedings:
        (1) Proceedings to determine whether a child is a child in need of services.
        (2) Proceedings to determine whether the parent, guardian, or custodian of a child should participate in a program of care, treatment, or rehabilitation for the child.
        (3) Proceedings to determine whether the parent or guardian of the estate of a child should be held financially responsible for any services provided to the parent or guardian or the child of the parent or guardian.
        (4) Proceedings to terminate the parent-child relationship.
    (b) A parent, guardian, or custodian is entitled:
        (1) to cross-examine witnesses;
        (2) to obtain witnesses or tangible evidence by compulsory process; and
        (3) to introduce evidence on behalf of the parent, guardian, or custodian.
As added by P.L.1-1997, SEC.15.

IC 31-32-2-4
Waiver to court having criminal jurisdiction; requirement for criminal charge or conviction
    
Sec. 4. A child may not be charged with or convicted of a crime, except a crime excluded by IC 31-30-1, unless the child has been waived to a court having criminal jurisdiction.
As added by P.L.1-1997, SEC.15.

IC 31-32-2-5
Parent's right to representation by counsel
    
Sec. 5. A parent is entitled to representation by counsel in proceedings to terminate the parent-child relationship.
As added by P.L.1-1997, SEC.15.

IC 31-32-2-6
Adjudication not considered criminal conviction; civil disability not imposed
    
Sec. 6. (a) A child may not be considered a criminal as the result of an adjudication in a juvenile court, nor may an adjudication in juvenile court be considered a conviction of a crime.
    (b) An adjudication in juvenile court does not impose any civil disability imposed by conviction of a crime.
As added by P.L.1-1997, SEC.15.

IC 31-32-2-7
Contact with juvenile justice system not disqualification from governmental application, examination, or appointment
    
Sec. 7. A child's contact with the juvenile justice system does not disqualify the child from any governmental application, examination,

or appointment.
As added by P.L.1-1997, SEC.15.