Sec. 4. If a child interview occurs, the intake officer shall advise the child and the child’s parent, guardian, or custodian of the following:

(1) The nature of the allegations against the child.

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Terms Used In Indiana Code 31-37-8-4

  • 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
  • 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
(2) That the intake officer is conducting a preliminary inquiry to assist the prosecuting attorney in determining whether a petition should be filed alleging that the child is a delinquent child.

(3) That the intake officer will recommend whether to:

(A) file a petition;

(B) file a petition and recommend that the child be referred for an assessment by a dual status assessment team as described in IC 31-41;

(C) refer the child to juvenile diversion as described in IC 31-37-8.5;

(D) refer the child to juvenile diversion as described in IC 31-37-8.5 and recommend that the child be referred for an assessment by the dual status assessment team as described in IC 31-41-1-5;

(E) informally adjust the case;

(F) informally adjust the case and recommend that the child be referred for an assessment by the dual status assessment team as described in IC 31-41-1-5;

(G) refer the child to another agency; or

(H) dismiss the case.

(4) That the child has a right to remain silent.

(5) That anything the child says may be used against the child in subsequent judicial proceedings.

(6) That the child has a right to consult with an attorney before the child talks with the intake officer.

(7) That the child has a right to stop at any time and consult with an attorney.

(8) That the child has a right to stop talking with the intake officer at any time.

(9) That if the child cannot afford an attorney, the court will appoint an attorney for the child.

[Pre-1997 Recodification Citation: 31-6-4-7(d).]

As added by P.L.1-1997, SEC.20. Amended by P.L.66-2015, SEC.11; P.L.101-2022, SEC.16.

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