A Delinquency Petition may be filed by the Prosecuting Attorney if a child under 18 years of age commits a delinquent act. A delinquent act is defined as:
(1) any felony or misdemeanor crime, unless filing is authorized directly into adult court pursuant to
(2) leaving home without reasonable cause and without permission of the parent, guardian, or custodian, who requests the child's return. (runaway)
(3) violates the compulsory school attendance law. (truant)
(4) habitually disobeys the reasonable and lawful commands of the child's parent, guardian, or custodian. (incorrigible)
(5) commits a curfew violation.
IC 7.1-5-7 concerning minors and alcoholic beverages.
22-11-14-6(c) concerning minors and fireworks.
In order to be adjudged a delinquent child under (2) - (7), it must additionally be shown that the child needs care, treatment, or rehabilitation that the child is not receiving, is unlikely to accept voluntarily, and it is unlikely that it will be provided or accepted without the coercive intervention of the court.
A Delinquency Petition may be filed in the Juvenile Court pursuant to
IC 31-37-10 by the Prosecuting Attorney or by the Division of Family and Children. The Petition must be verified, and must give a concise statement of the facts upon which it is based. It must include the statutes giving the juvenile court jurisdiction, and the statutes alleged to have been violated. It must also give identifying information on the juvenile and his/her parent, guardian, or custodian. The Juvenile Court then may approve the filing of the Delinquency Petition if it finds that there is probable cause to believe that the delinquent act was committed, and it is in the best interest of the child or the public. Once approved, the Juvenile Court may take the juvenile into custody, if supported by sworn testimony or affidavit.