NCJ Number
206318
Date Published
December 2002
Length
195 pages
Annotation
This 2002 report offers a guide to judicial officers on the procedural and substantive Indiana delinquency law.
Abstract
Each step of the delinquency process is outlined with reference to statutory and case law. Chapter 1 outlines procedures involved in temporary detention and custody decisions, including places of detention, time limitations, and rules governing the detention hearing. Nine forms are included for use in detention and custody procedures. Chapter 2 discusses subject matter jurisdiction, including exclusive original jurisdiction factors, concurrent jurisdiction factors, and exclusions from jurisdiction. How jurisdiction is obtained, and continuing and reinstatement of jurisdiction are also enumerated and the juvenile court jurisdiction quick reference chart is presented. Chapter 3 describes the written intake process, as well as the rules governing the preliminary inquiry and report; four forms are presented for use in these matters. Chapter 4 describes the procedures for implementing the informal adjustment program and presents the two required forms. Chapter 5 discusses how to institute formal proceedings, including descriptions of the necessary parties, filing the petition, and the summons process. Six forms are offered for use. Chapter 6 outlines requirements for the initial hearing on petition, including the determination that petition and summons were properly issued and the advisement of rights and nature of hearing. The five required forms are presented. Chapter 7 describes the requirements involved in waiving juvenile offenders to adult court, including procedures and case notes. Eleven related forms are included. Chapter 8 presents the dialogues for the detention hearing and the initial hearing, while chapter 9 presents rules on fact-finding hearings and presents the two necessary forms. Chapter 10 describes the requirements of pre-dispositional reports and Chapter 11 describes the requirements of dispositional hearings, including the seven required forms. Chapter 12 describes court orders to parents and others, including orders to participate in programs of care, treatment, or rehabilitation, no contact orders, and injunctions. Four forms are presented in this regard. Chapter 13 describes the appeals process, while chapter 14 presents the authority and procedures for modifications of dispositional orders. Chapter 15 describes the rules on public access to hearings and records in juvenile delinquency proceedings, and presents two required forms. Chapters 16 and 17 present miscellaneous forms and a table of cases. Table