Sec. 2. (a) The juvenile court shall hold an initial hearing on each petition.

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Terms Used In Indiana Code 31-37-12-2

  • 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
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
     (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.

     (d) The prosecuting attorney or the probation department of the juvenile court shall provide notice of the time, place, and purpose of the initial hearing scheduled or held under this section to each foster parent or other caretaker with whom the child has been placed for temporary care under IC 31-37-5 or IC 31-37-7. The court shall:

(1) provide a:

(A) person for whom a summons is required to be issued under subsection (b); and

(B) person required to be notified under this subsection;

an opportunity to be heard; and

(2) allow a person described in subdivision (1) to make recommendations to the court;

at the initial hearing.

     (e) The juvenile court shall determine if a child should be referred for an assessment by a dual status assessment team as described in IC 31-41. In making its determination, the court shall consider the length of time since the delinquent act or the incident of abuse or neglect.

     (f) If the court refers the child for an assessment by a dual status assessment team, the court shall schedule an additional initial hearing on the petition if the court refers a child to be assessed by a dual status assessment team unless the court:

(1) grants an extension of time due to extraordinary circumstances; and

(2) states the extraordinary circumstances in a written court order.

[Pre-1997 Recodification Citations: 31-6-4-13(b); 31-6-7-4 part.]

As added by P.L.1-1997, SEC.20. Amended by P.L.138-2007, SEC.82; P.L.66-2015, SEC.13.

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