Sec. 5. (a) If the child successfully completes the terms of diversion, a petition shall not be filed with the court and no further action shall be taken.

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Terms Used In Indiana Code 31-37-8.5-5

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • juvenile: as used in this article means any person who is a minor under the law of the state of residence of the parent, guardian, person or agency entitled to the legal custody of such minor. See Indiana Code 31-37-23-1
  • juvenile diversion: means :

    Indiana Code 31-37-8.5-1

  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
     (b) If the child fails to complete the terms of diversion or commits a new offense, juvenile probation shall inform the prosecuting attorney at least fourteen (14) days prior to the end of the child’s juvenile diversion.

     (c) If the child fails to complete the terms of the juvenile diversion described in this chapter, the prosecuting attorney may petition the juvenile court for authorization to file a delinquency petition.

     (d) Unless a delinquency petition is filed as described in subsection (c), the prosecuting attorney shall close the child’s file in regard to the diverted matter not later than six (6) months after the date the diversion is initiated.

As added by P.L.101-2022, SEC.18.