§ 31-37-8-4 — Advisement required for child interview

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).]

Legislative History

As added by P.L.1-1997, SEC.20. Amended by P.L.66-2015, SEC.11; P.L.101-2022, SEC.16.