CHAPTER 13. FACTFINDING HEARING
IC 31-37-13
Chapter 13. Factfinding Hearing
IC 31-37-13-1
Hearsay requirements; notice; opportunity to be heard
Sec. 1. (a) Unless the allegations of a petition have been admitted,
the juvenile court shall hold a factfinding hearing.
(b) If the factfinding hearing is not held immediately after the
initial hearing as provided under IC 31-37-12-9, the prosecuting
attorney or probation department of the juvenile court shall provide
notice of any factfinding hearing to each foster parent or other
caretaker with whom the child has been placed for temporary care.
The court shall provide a person required to be notified under this
subsection an opportunity to be heard at the factfinding hearing.
As added by P.L.1-1997, SEC.20. Amended by P.L.138-2007,
SEC.83.
IC 31-37-13-2
Judgment; order for predispositional report; scheduling of
dispositional hearing
Sec. 2. If the court finds that a child is a delinquent child, the
court shall do the following:
(1) Enter judgment accordingly.
(2) Order a predispositional report.
(3) Schedule a dispositional hearing.
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008,
SEC.635.
IC 31-37-13-3
Discharge of child
Sec. 3. If the court finds that a child is not a delinquent child, the
court shall discharge the child.
As added by P.L.1-1997, SEC.20.
IC 31-37-13-4
Judgment entry; continuance; release from juvenile detention
facility pending entry of judgment
Sec. 4. (a) Except as provided in subsection (b), at the close of all
the evidence and before judgment is entered, the court may continue
the case for not more than twelve (12) months.
(b) If the child or the child's parent, guardian, or custodian
requests that judgment be entered, the judgment shall be entered not
later than thirty (30) days after the request is made.
(c) If the child is in a juvenile detention facility, the child shall be
released not later than forty-eight (48) hours, excluding Saturdays,
Sundays, and legal holidays, pending the entry of judgment. A child
released from a juvenile detention facility pending the entry of
judgment may be detained in a shelter care facility.
As added by P.L.1-1997, SEC.20. Amended by P.L.35-1998, SEC.26.
IC 31-37-13-5
Findings required where delinquent act would be felony if
committed by adult
Sec. 5. If a finding of delinquency is based on a delinquent act
that would be a felony if committed by an adult, the juvenile court
shall state in the findings the following:
(1) The specific statute that was violated.
(2) The class of the felony had the violation been committed by
an adult.
As added by P.L.1-1997, SEC.20.