31-37-8-4. Advisement required for child interview

IN Code § 31-37-8-4 (2019) (N/A)

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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;

(D) 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;

(E) refer the child to another agency; or

(F) 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.

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

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