CHAPTER 6. TRIAL IN OPEN COURT; JURY TRIAL
IC 31-32-6
Chapter 6. Trial in Open Court; Jury Trial
IC 31-32-6-1
Adults charged with contempt or criminal charges
Sec. 1. All proceedings in the juvenile court involving adults
charged with:
(1) contempt of court; or
(2) criminal charges;
shall be tried in open court.
As added by P.L.1-1997, SEC.15.
IC 31-32-6-2
Exclusion of public
Sec. 2. The juvenile court shall determine whether the public
should be excluded from a proceeding other than a juvenile
proceeding described in section 3 of this chapter.
As added by P.L.1-1997, SEC.15.
IC 31-32-6-3
Certain delinquency proceedings open to public
Sec. 3. Except as provided in section 4 of this chapter, a
delinquency proceeding is open to the public whenever a petition
alleging that the child has committed an act that would be murder or
a felony if committed by an adult is filed under IC 31-37-10.
As added by P.L.1-1997, SEC.15.
IC 31-32-6-4
Closing of proceeding to protect child witness or child victim;
motion
Sec. 4. (a) Upon motion of the prosecuting attorney, the child, or
the child's guardian ad litem, counsel, parent, guardian, or custodian,
the court may issue an order closing a proceeding during the
testimony of a child witness or child victim if the court finds that:
(1) an allegation or a defense involves matters of a sexual
nature; and
(2) closing the proceeding is necessary to protect the welfare of
a child witness or child victim.
(b) Upon motion of the prosecuting attorney, the child, or the
child's guardian ad litem, counsel, parent, guardian, or custodian, the
court may issue an order closing a proceeding during the testimony
of a health care provider if the court finds that:
(1) the testimony involves matters that would be protected
under 45 CFR Parts 160 and 164 (Health Insurance Portability
and Accountability Act of 1996 (HIPAA)); or
(2) the testimony involves matters that would be a privileged
communication between a health care provider and the health
care provider's patient.
(c) Upon motion of the prosecuting attorney, the child, or the
child's guardian ad litem, counsel, parent, guardian, or custodian, the
court may issue an order closing a proceeding during the testimony
of:
(1) a:
(A) certified social worker;
(B) certified clinical social worker; or
(C) certified marriage and family therapist;
regarding a client;
(2) a school counselor regarding a student; or
(3) a school psychologist regarding a student.
As added by P.L.1-1997, SEC.15. Amended by P.L.170-2009,
SEC.11.
IC 31-32-6-5
Closing of proceeding to protect child witness or child victim;
factors
Sec. 5. In determining whether closing a proceeding is necessary
to protect the welfare of a child witness or child victim, the court
shall consider the following:
(1) The nature of the allegation or defense.
(2) The age of a child witness or child victim.
(3) The psychological maturity of a child witness or child
victim.
(4) The desire of a child witness or child victim to testify in a
proceeding closed to the public.
As added by P.L.1-1997, SEC.15.
IC 31-32-6-6
Closing of proceeding to protect child witness or child victim;
findings; filing of exclusion order
Sec. 6. If a proceeding is closed to the public under section 4 of
this chapter, the juvenile court shall:
(1) make findings of fact concerning the closing of the
proceeding; and
(2) place the exclusion order in the file of the proceedings.
As added by P.L.1-1997, SEC.15.
IC 31-32-6-7
Bench trials; jury trial for adult charged with crime
Sec. 7. (a) Except as provided in subsection (b), all matters in
juvenile court shall be tried to the court.
(b) A trial of an adult charged with a crime shall be tried to a jury
unless the adult requests a bench trial.
As added by P.L.1-1997, SEC.15.
IC 31-32-6-8
Exclusion of child
Sec. 8. In proceedings involving:
(1) the termination of the parent-child relationship; or
(2) a child in need of services;
the child may be excluded from any part of any hearing for good
cause shown upon the record.
As added by P.L.1-1997, SEC.15.