Sec. 5. (a) The intake officer shall do the following:

(1) Send the prosecuting attorney a copy of the preliminary inquiry.

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Terms Used In Indiana Code 31-37-8-5

  • 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
(2) 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 31-41-1-5;

(C) refer the child to juvenile diversion;

(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 a dual status assessment team as described in IC 31-41-1-5;

(G) refer the child to another agency; or

(H) dismiss the case.

     (b) The prosecuting attorney and the court may agree to alter the procedure described in subsection (a).

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

As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006, SEC.337; P.L.146-2008, SEC.627; P.L.66-2015, SEC.12; P.L.101-2022, SEC.17.