Ind. Code ch. 31-37-8

in effect

Ind. Code § 31-37-8-1 Receipt and forwarding of information concerning delinquent child; preliminary inquiry

Sec. 1. (a) A person may give an intake officer or a prosecuting attorney written information indicating that a child is a delinquent child. (b) If the information is given to the intake officer, the intake officer shall: (1) immediately forward the information to the prosecuting attorney; (2) complete a dual status screening tool on the child, as described in IC 31-41-1-3; and (3) complete a risk screening tool on the child. (c) If the prosecuting attorney has reason to believe the child has committed a delinquent act, the prosecuting attorney shall instruct the intake officer to make a preliminary inquiry, which includes the use of a risk screening tool, to determine whether the interests of the public or of the child require further action. [Pre-1997 Recodification Citation: 31-6-4-7(a).] As added by P.L.1-1997, SEC.20. Amended by P.L.66-2015, SEC.9; P.L.101-2022, SEC.14.

Ind. Code § 31-37-8-2 Contents of preliminary inquiry

Sec. 2. A preliminary inquiry is an informal investigation into the facts and circumstances reported to the court. Whenever practicable, the preliminary inquiry should include the following information: (1) The child's background. (2) The child's current status. (3) The child's school performance. (4) If the child has been detained: (A) efforts made to prevent removal of the child from the child's home, including the identification of any emergency situation that prevented reasonable efforts to avoid removal; (B) whether it is in the best interests of the child to be removed from the home environment; and (C) whether remaining in the home would be contrary to the health and welfare of the child. (5) The results of a dual status screening tool to determine whether the child is a dual status child, as described in IC 31-41-1-2. (6) The results of a risk screening tool conducted on the child to inform diversion decisions. [Pre-1997 Recodification Citation: 31-6-4-7(b).] As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.626; P.L.66-2015, SEC.10; P.L.101-2022, SEC.15.

Ind. Code § 31-37-8-3 Notice of conduct and nature of preliminary inquiry

Sec. 3. If a parent, guardian, or custodian of a child seeks information concerning a preliminary inquiry, the person shall be notified: (1) whether a preliminary inquiry is being made; and (2) if so, the nature of the inquiry. [Pre-1997 Recodification Citation: 31-6-4-7(c).] As added by P.L.1-1997, SEC.20.

Ind. Code § 31-37-8-4 Advisement required for child interview

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. (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.

Ind. Code § 31-37-8-4.5 Privileged communication to a mental health evaluator; exceptions

Sec. 4.5. (a) This section applies only to a court ordered or voluntary mental health: (1) screening; (2) assessment; (3) evaluation; or (4) treatment; provided by or under the direction of an evaluator, as defined in IC 31-9-2.1-90, in conjunction with proceedings under this chapter. (b) Notwithstanding section 4(5) of this chapter and except as provided in subsection (d) and except for purposes of: (1) a probation revocation proceeding; or (2) a modification of a dispositional decree under IC 31-37-22; a statement communicated to an evaluator in the evaluator's official capacity may not be admitted as evidence against the child on the issue of whether the child committed a delinquent act or a crime. (c) This section does not affect the admissibility of evidence when a juvenile interposes the defense of insanity. (d) This section does not affect a disclosure or reporting requirement in effect on July 1, 2007, under statute or in case law regarding a statement that: (1) relates directly to the facts or immediate circumstances of a homicide; or (2) reveals that the child may intend to commit a crime. As added by P.L.120-2007, SEC.4. Amended by P.L.145-2026, SEC.212.

Ind. Code § 31-37-8-5 Provision of copies of preliminary inquiry and recommendation

Sec. 5. (a) The intake officer shall do the following: (1) Send the prosecuting attorney a copy of the preliminary inquiry. (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.

Ind. Code § 31-37-8-6 Decision whether to file petition

Sec. 6. The prosecuting attorney shall decide whether to file a petition. [Pre-1997 Recodification Citation: 31-6-4-7(f).] As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.628.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026