CHAPTER 2. RIGHTS OF PERSONS SUBJECT TO JUVENILE COURT JURISDICTION
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.