§ 31-37-12-2 — Initial hearing; service of petition and summons; notice; determination of referral for dual status assessment

Indiana § 31-37-12-2

• Jurisdiction: Indiana
• Art. 37: JUVENILE LAW: DELINQUENCY
• Ch. 12: Initial Hearing and Issuance of Summons

Text

(a) The juvenile court shall hold an initial
hearing on each petition.
(b) The juvenile court shall set a time for the initial hearing. A
summons shall be issued for the following:
(1) The child.
(2) The child's parent, guardian, custodian, or guardian ad litem.
(3) Any other person necessary for the proceedings.
(c) A copy of the petition must accompany each summons. The
clerk shall issue the summons under Rule 4 of the Indiana Rules of
Trial Procedure.
(d) The prosecuting attorney or the probation department of the
juvenile court shall provide notice of the time, place, and purpose of
the initial hearing scheduled or held under this section to each foster
parent or other caretaker with whom the child has been placed for
temporary care under IC 31-37-5 or IC 31-37-7. The court shall:
(1) provide a:
(A) person for whom a summons is required to be issued under
subsection (b); and
(B) person required to be notified under this subsection;
an opportunity to be heard; and
(2) allow a person described in subdivision (1) to make
recommendations to the court;
at the initial hearing.
(e) The juvenile court shall determine if a child should be referred
for an assessment by a dual status assessment team as described in IC 31-41. In making its determination, the court shall consider the length
of time since the delinquent act or the incident of abuse or neglect.
(f) If the court refers the child for an assessment by a dual status
assessment team, the court shall schedule an additional initial hearing
on the petition if the court refers a child to be assessed by a dual status
assessment team unless the court:
(1) grants an extension of time due to extraordinary
circumstances; and
(2) states the extraordinary circumstances in a written court order.
[Pre-1997 Recodification Citations: 31-6-4-13(b); 31-6-7-4
part.]

Legislative History

As added by P.L.1-1997, SEC.20. Amended by P.L.138-2007, SEC.82; P.L.66-2015, SEC.13.