As amended through October 29, 2024
Rule 30 - Relinquishment of Jurisdiction for Purposes of Criminal Prosecution(A)Preliminary hearing In any proceeding where the court considers the transfer of a case for criminal prosecution, the court shall hold a preliminary hearing to determine if there is probable cause to believe that the child committed the act alleged and that the act would be an offense if committed by an adult. The hearing may be upon motion of the court, the prosecuting attorney, or the child. (B)Mandatory transfer In any proceeding in which transfer of a case for criminal prosecution is required by statute upon a finding of probable cause, the order of transfer shall be entered upon a finding of probable cause. (C)Discretionary transfer In any proceeding in which transfer of a case for criminal prosecution is permitted, but not required, by statute, and in which probable cause is found at the preliminary hearing, the court shall continue the proceeding for full investigation. The investigation shall include a mental examination of the child by a public or private agency or by a person qualified to make the examination. When the investigation is completed, an amenability hearing shall be held to determine whether to transfer jurisdiction. The criteria for transfer shall be as provided by statute. (D)Notice Notice in writing of the time, place, and purpose of any hearing held pursuant to this rule shall be given to the state, the child's parents, guardian, or other custodian and the child's counsel at least three days prior to the hearing, unless written notice has been waived on the record. (E)Retention of jurisdiction If the court retains jurisdiction, it shall set the proceedings for hearing on the merits. (F)Waiver of mental examination The child may waive the mental examination required under division (C) of this rule. Refusal by the child to submit to a mental examination or any part of the examination shall constitute a waiver of the examination. (G)Order of transfer The order of transfer shall state the reasons for transfer. (H)Release of child With respect to the transferred case, the juvenile court shall set the terms and conditions for release of the child. Effective:7/1/1972; amended effective 7/1/1976;7/1/1994;7/1/1997; amended effective 7/1/2023.