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

IN Code § 31-37-8-4.5 (2019) (N/A)
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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 31-9-2-43.8, 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.

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