§ 31-32-2-2.5 — Privileged statements made to a mental health evaluator; exceptions

Indiana § 31-32-2-2.5

• Jurisdiction: Indiana
• Art. 32: JUVENILE LAW: JUVENILE COURT
• Ch. 2: Rights of Persons Subject to Juvenile Court Jurisdiction

Text

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 article.
(b) 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.

Legislative History

As added by P.L.120-2007, SEC.3.