Sec. 9. (a) Upon a motion for a continuance under section 8 of this chapter, the court may continue the factfinding hearing or the waiver hearing for not more than ninety (90) days. However, the hearing may not be continued if, after the prosecuting attorney moves for the continuance as the result of:
(1) a witness's absence, the child admits that the absent witness would testify to the facts alleged in the prosecuting attorney's official statement; or
(2) the unavailability of written or documentary evidence, the child admits that the written or documentary evidence exists.
(b) If the hearing is not commenced within the ninety (90) day period required by this section, the court shall discharge the child.
[Pre-1997 Recodification Citation: 31-6-7-6(i).]
As added by P.L.1-1997, SEC.20.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 37. Juvenile Law: Delinquency
Chapter 11. Time Limits for Petitions; Motions for Continuance
31-37-11-1. Time for Filing Petition Alleging Delinquency of Child in Detention
31-37-11-2. Time for Factfinding Hearing or Waiver Hearing
31-37-11-3. Waiver Denied; Time for Factfinding Hearing
31-37-11-4. Waiver Granted; Computation of Time
31-37-11-5. Answer to Petition Alleging Delinquency Exceeding One Year in Aggregate
31-37-11-6. Effect of Continuances and Actions of Child on Computation of Time
31-37-11-7. Release for Noncompliance With Time Limits
31-37-11-8. Prosecuting Attorney's Motion for Continuance Because of Absence of Witness
31-37-11-9. Order for Continuance; Grounds; Discharge for Failure to Timely Commence Hearing