IC 31-37-12 Initial Hearing

Ordinarily, the Initial Hearing will be the juvenile's first appearance in court after a Delinquency Petition has been filed by the Prosecuting Attorney. If the juvenile is in custody, a Detention Hearing may have already been held, or may be conducted at the same time as the Initial Hearing. At the Initial Hearing, the Juvenile Court will appoint counsel (Public Defender) for the child if necessary, and will advise the child and his parents or guardians of the charges, and of his/her rights in a juvenile proceeding.

If the child admits the allegations of the Delinquency Petition at the Initial Hearing, the court may proceed immediately with a Dispositional Hearing, if agreed by the State (Prosecuting Attorney) and the child. Otherwise, the Dispositional Hearing is scheduled for a future date. If the child denies the allegations of the Delinquency Petition, the court may proceed immediately with a Factfinding Hearing, if agreed by the State (Prosecuting Attorney) and the child. Otherwise, the Factfinding Hearing is scheduled for a future date.

In many juvenile courts in Indiana (not Clark County), the Juvenile Court Judge will routinely schedule a Pretrial Conference at the Initial Hearing. At the Pretrial Conference, the State (Prosecuting Attorney) will confer with the juvenile and counsel, and may reach an agreement wherein the juvenile will admit certain acts alleged conditioned upon a certain disposition. This agreement is then submitted to the Juvenile Court for approval. If accepted, the court will schedule a Dispositional Hearing and adjudicate the case in accordance with the terms of the agreement. If rejected, the court will schedule a Factfinding Hearing.

IC 31-37-13 Factfinding Hearing

A Factfinding Hearing is a trial to determine the facts. There is no jury trial. The Judge of the Juvenile Court sits as the factfinder and renders judgment. The State (Prosecuting Attorney) presents evidence and bears the burden of proving the allegations of the Delinquency Petition beyond a reasonable doubt. The juvenile has the right to counsel, the right to confront and cross examine all witnesses, and the right to obtain witnesses and tangible evidence by compulsory process. The juvenile also has the right to present evidence on his own behalf, and need not testify against himself. If the court finds that the allegations have not been proved, the juvenile is discharged. If the court finds that the allegations have been proved, judgment is entered and a Dispositional Hearing is scheduled. The Juvenile Court Probation Department will be ordered to prepare a Predispositional Report that contains a recommendation for the care, treatment, or rehabilitation of the child, and the appropriate participation, financially and otherwise, of the parents or guardians. The juvenile has the right to file an alternative Predispositional Report.

IC 31-37-19 Dispositional Hearing and Decree

When consistent with the safety of the community and the welfare of the child, the Juvenile Court shall enter a Dispositional Decree that:

(1) is in the least restrictive (most family-like) and most appropriate setting available, and close to the parents' home, consistent with the best interests and special needs of the child;

(2) least interferes with family autonomy;

(3) is least disruptive of family life;

(4) imposes the least restraint on the freedom of the child and the child's parent, guardian, or custodian; and

(5) provides a reasonable opportunity for participation by the child's parent, guardian, or custodian.

Upon a finding of delinquency, the Juvenile Court has the following dispositional alternatives:

(1) Award wardship over the juvenile to the Indiana Department of Corrections:

(a) until age 18 if the child is at least 13 and less than 16 and commits murder, kidnapping, rape, criminal deviate conduct, robbery committed with a deadly weapon or resulting in bodily or serious bodily injury;

(b) for not more than 2 years if:

(i) the act committed was a felony against a person, or a Class A or B felony that is a controlled substance offense, or Burglary as a Class A or B felony; and

(ii) if the child is at least 14 years of age and the child has committed two, unrelated, prior adjudicated acts of delinquency that would be felonies if committed by an adult.

(2) Place the juvenile in a juvenile detention facility for up to 90 days if the juvenile is less than 17 years old, or up to 120 days if the juvenile is at least 17 years of age.

(3) Remove the juvenile from his/her home and place the juvenile in another home or shelter care facility.

(4) Award wardship over the juvenile to any other person or shelter care facility.

(5) Place the juvenile in a secure private facility for children licensed under Indiana laws.

(6) Order a person who is a party to refrain from direct or indirect contact with the juvenile.

(7) Order HIV testing if the juvenile is convicted of certain sex and/or controlled substance offenses.

(8) Order supervision of the child by the Juvenile Court Probation Department, with the juvenile and parents to pay an initial probation user's fee of not less than $25.00 or more than $100.00 and a monthly probation user's fee of not less than $5.00 or more than $15.00.

(9) Order the juvenile to receive psychiatric, medical or educational treatment.

(10) Order the juvenile to attend an alcohol or drug service program.

(11) Order the juvenile to surrender his/her driver's license for a specified period of time.

(12) Order the juvenile pay restitution to the crime victim.

(13) Partially or completely emancipate the juvenile.