IC 31-30-1 Jurisdiction of Juvenile Court

As a general rule, the Juvenile Court has exclusive jurisdiction in all cases where the person who is charged with a crime is less than 18 years of age. In such cases, the juvenile defendant is referred to as a "child," and proceedings are begun by the Prosecuting Attorney filing a petition in the Juvenile Court alleging that the child is a "delinquent child." In Clark County, all juvenile delinquency petitions must be filed in the Clark Superior Court #1 and are heard by Judge Jerome F. Jacobi.

However, there are exceptions to this general rule. Even when the person charged is less than 18 years old, the following cases must be filed in adult court:

(1) When the child is at least 16 years old and is charged with a misdemeanor traffic crime. (For example, Reckless Driving or Leaving the Scene of an Accident) Nevertheless, if the charge is a felony, or if the charge is Operating a Vehicle While Intoxicated, Juvenile Court retains exclusive jurisdiction.

(2) When the charge is an Infraction or Ordinance Violation. (For example, Speeding) Nevertheless, if the infraction charge relates to the use of False Identity to Obtain an Alcoholic Beverage, Juvenile Court retains exclusive jurisdiction.

(3) When the child is at least 16 years of age and is charged with any of the following:

(A) Murder

(B) Kidnapping

(C) Rape

(D) Criminal Deviate Conduct

(E) Robbery while armed, or resulting in serious bodily injury

(F) Carjacking

(G) Criminal Gang Activity

(H) Criminal Gang Intimidation

(I) Carrying a Handgun Without a License

(J) Children and Firearms

(K) Dealing in a Sawed-Off Shotgun

(L) Dealing in any Controlled Substance, if there is a prior adjudication/conviction for Dealing in any Controlled Substance.

(4) When the child has previously been waived to adult court.

IC 31-30-3 Waiver of Juvenile Jurisdiction

In addition, even after a Juvenile Delinquency Petition has been filed in Juvenile Court, under some circumstances the case MAY be "waived" into adult court and tried there:

(1) When the child is at least 14 years of age and is charged with a heinous or aggravated crime, or a crime which is part of a repetitive pattern of delinquent acts. It must also be shown that the child is beyond the rehabilitation of the juvenile justice system, and it is in the best interests of the community that the child stand trial as an adult.

(2) When the child is at least 16 years of age and is charged with a felony crime relating to controlled substances. It must also be shown that it is in the best interests of the community that the child stand trial as an adult.

(3) When the child is at least 10 years of age and is charged with Murder. It must also be shown that it would not be in the best interests of the child or the community for the child to remain within the juvenile justice system.

Under some circumstances the case MUST be "waived" into adult court and tried there:

(1) When the child is at least 16 years of age and is charged with any Class A or Class B Felony, or Involuntary Manslaughter, or Reckless Homicide. It must also be shown that it would not be in the best interests of the child or the community for the child to remain within the juvenile justice system.

(2) When the child is charged with any felony crime after having previously been convicted of a felony or non-traffic misdemeanor in adult court.

In all cases, the discretion to seek waiver rests with the Prosecuting Attorney. No request for waiver may be made after the child has admitted the allegations at the Initial Hearing, or after the first witness has been sworn at the factfinding hearing. In Clark County, all cases which are waived into adult court must be filed in the Clark Superior Court #1