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Indiana statute

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

Current through 2026 Regular Session

Part of Chapter 8: Information About Delinquent Children, Investigation, and Preliminary Inquiry, Indiana Code.

Full text of Ind. Code § 31-37-8-4

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 31-37-8-4Primary source, current through the 2026 Regular Session
Sec. 4. 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).]

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This reference is informational and is not legal advice.