Initial
Hearing
IC 31-37-12
Chapter 12. Initial Hearing and Issuance of Summons
IC 31-37-12-1
Sec. 1. This chapter applies only to a child alleged to
be a delinquent child.
IC 31-37-12-2
Sec. 2. (a) The juvenile court shall hold an initial hearing
on each petition.
(b) The juvenile court shall set a time for the initial
hearing. A summons 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.
The clerk shall issue the summons under Rule 4 of the Indiana Rules of Trial
Procedure.
IC 31-37-12-3
Sec. 3. (a) Before complying with the other requirements
of this section, the juvenile court shall first determine whether counsel has
been:
(1) waived under
IC 31-32-5; or
(2) previously obtained.
(b) If counsel has not been waived or previously
obtained, the juvenile court shall appoint counsel under IC 31-32-4.
IC 31-37-12-4
Sec. 4. The court shall ne
(1) may not accept an admission
or a denial of the allegations from 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.
IC 31-37-12-5
Sec. 5. The juvenile court shall inform the child and
the child's parent, guardian, or custodian, if the person is present, of the
following:
(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-e
(E)
Obtain witnesses or tangible evidence by compulsory process.
(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 the child committed the
delinquent act charged.
(3) The possibility of waiver
to a court having criminal jurisdiction.
(4) The dispositional
alternatives available to the juvenile court if the child is adjudicated a
delinquent child.
IC 31-37-12-6
Sec. 6. The juvenile court shall inform the parent or
guardian of the estate of the following if a child is adjudicated a delinquent
child:
(1) The parent, guardian, or
custodian of the child may be required to participate in a program of care,
treatment, or rehabilitation for the child.
(2) The parent or guardian may
be held financially responsible for services provided for the child or the
parent or guardian.
(3) The parent, guardian, or
custodian of the child may controvert:
(A) an
allegation made at the dispositional or other hearing concerning the
participation of the parent, guardian, or custodian; or
(B) an
allegation concerning the financial responsibility of the parent, guardian, or
custodian for services that would be provided.
IC 31-37-12-7
Sec. 7. (a) If:
(1) the prosecuting attorney
has not requested that the juvenile court waive the court's jurisdiction; or
(2) a waiver has been requested
and denied;
the juvenile court shall determine whether a child admits or denies the
allegations of a petition.
(b) A failure to respond constitutes a denial.
IC 31-37-12-8
Sec. 8. If a child admits the allegations of a
petition, the juvenile court shall do the following:
(1) Enter judgment accordingly.
(2) Schedule a dispositional
hearing.
IC 31-37-12-9
Sec. 9. (a) If a child has admitted the allegations of
a petition, the juvenile court may hold the dispositional hearing immediately
after the initial hearing.
(b) If a child denies the allegations, the juvenile
court may hold the fact finding hearing immediately after the initial hearing.
(c) E
(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.
IC 31-37-12-10
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 fact finding hearing or
the dispositional hearing described in section 9 of this chapter.
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