NCJ Number
76664
Journal
Indiana Law Journal Volume: 54 Issue: 4 Dated: (1978-1979) Pages: 593-619
Date Published
1979
Length
27 pages
Annotation
The role of the attorney for the State under Indiana's new juvenile code is discussed.
Abstract
Although Indiana passed its first juvenile code in 1903 and completed a major revision and codification on the State's juvenile statutes in 1945, it was not until 1978 that the general assembly established a statutory role for the State's attorney, the prosecuting attorney, and the attorney for the department of public welfare. In specifying this statutory role, Indiana joined an apparent national trend by removing the decision to file a petition from the judge and placing it with the attorney for the State. The basis for this decision and the compromise reached to allow its inclusion in the code are discussed. The major areas of concern as they pertain to the duties and functions of the attorney for the State are considered. In addition to the code's general provisions and the delineation of jurisdiction, the areas discussed are proceedings governing delinquent children and children in need of services, termination of the parent-child relationship, juvenile court procedure, juvenile records-law enforcement records, Interstate Compact on Juveniles, and child abuse. While the role of the attorney for the State is mandatory in certain circumstances, his/her participation in juvenile procedures is primarily a matter of his/her discretion. While there may be legitimate differences of opinion as to what should be the duty of a prosecuting attorney or welfare attorney in juvenile court, a definition of what those duties are has been long overdue. A total of 225 footnotes are provided.