IC 31-37-10
Chapter 10. Filing of Petition Alleging That Child Is Delinquent
Child
IC 31-37-10-1 Standing
Sec. 1. The prosecuting attorney may file a petition alleging that
a 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 of
probable cause.
(2) Approve the filing of a petition if there is probable cause to
believe that:
(A) the child is a delinquent child; and
(B) it is in the best interests of the child or the public that the
petition 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 Alleged
to be a Delinquent Child"; and
(3) contain the following information:
(A) A citation to the provision of the juvenile law that gives
the juvenile court jurisdiction in the proceeding.
(B) A citation to the statute that the child is alleged to have
violated.
(C) A concise statement of the facts upon which the
allegations are based, including the date and location at
which the alleged act occurred.
(D) The child's name, birth date, and residence address if
known.
(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 ground
for:
(1) dismissal of the petition; or
(2) reversal of the adjudication;
only if the error or omission misleads the child to the child's
prejudice. 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 under
section 2 of this chapter, the prosecuting attorney may request in
writing that the child be taken into custody. The person must support
this request with sworn testimony or affidavit.
(b) The court may grant the request if the court makes written
findings of fact upon the record that a ground for detention exists
under 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 child
taken into custody, the court shall proceed in accordance with
IC 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 have
all rights of parties provided under the Indiana Rules of Trial
Procedure. 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 of
the state, the juvenile court shall dismiss any petition the person has
filed. As added by P.L.1-1997, SEC.20.
IC 31-37-10
Chapter 10. Filing of Petition Alleging That Child Is Delinquent
Child
IC 31-37-10-1 Standing
Sec. 1. The prosecuting attorney may file a petition alleging that
a 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 of
probable cause.
(2) Approve the filing of a petition if there is probable cause to
believe that:
(A) the child is a delinquent child; and
(B) it is in the best interests of the child or the public that the
petition 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 Alleged
to be a Delinquent Child"; and
(3) contain the following information:
(A) A citation to the provision of the juvenile law that gives
the juvenile court jurisdiction in the proceeding.
(B) A citation to the statute that the child is alleged to have
violated.
(C) A concise statement of the facts upon which the
allegations are based, including the date and location at
which the alleged act occurred.
(D) The child's name, birth date, and residence address if
known.
(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 ground
for:
(1) dismissal of the petition; or
(2) reversal of the adjudication;
only if the error or omission misleads the child to the child's
prejudice. 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 under
section 2 of this chapter, the prosecuting attorney may request in
writing that the child be taken into custody. The person must support
this request with sworn testimony or affidavit.
(b) The court may grant the request if the court makes written
findings of fact upon the record that a ground for detention exists
under 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 child
taken into custody, the court shall proceed in accordance with
IC 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 have
all rights of parties provided under the Indiana Rules of Trial
Procedure. 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 of
the state, the juvenile court shall dismiss any petition the person has
filed. As added by P.L.1-1997, SEC.20.
IC 31-37-10
Chapter 10. Filing of Petition Alleging That Child Is Delinquent
Child
IC 31-37-10-1 Standing
Sec. 1. The prosecuting attorney may file a petition alleging that
a 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 of
probable cause.
(2) Approve the filing of a petition if there is probable cause to
believe that:
(A) the child is a delinquent child; and
(B) it is in the best interests of the child or the public that the
petition 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 Alleged
to be a Delinquent Child"; and
(3) contain the following information:
(A) A citation to the provision of the juvenile law that gives
the juvenile court jurisdiction in the proceeding.
(B) A citation to the statute that the child is alleged to have
violated.
(C) A concise statement of the facts upon which the
allegations are based, including the date and location at
which the alleged act occurred.
(D) The child's name, birth date, and residence address if
known.
(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 ground
for:
(1) dismissal of the petition; or
(2) reversal of the adjudication;
only if the error or omission misleads the child to the child's
prejudice. 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 under
section 2 of this chapter, the prosecuting attorney may request in
writing that the child be taken into custody. The person must support
this request with sworn testimony or affidavit.
(b) The court may grant the request if the court makes written
findings of fact upon the record that a ground for detention exists
under 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 child
taken into custody, the court shall proceed in accordance with
IC 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 have
all rights of parties provided under the Indiana Rules of Trial
Procedure. 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 of
the state, the juvenile court shall dismiss any petition the person has
filed. As added by P.L.1-1997, SEC.20.
