Section 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:(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(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).
Amended by P.L. 101-2022,SEC. 16, eff. 7/1/2023.Amended by P.L. 66-2015, SEC. 11, eff. 7/1/2015.As added by P.L. 1-1997, SEC.20.