Note: This version of section effective 7-1-2023. See also preceding version of this section, effective until 7-1-2023.
Sec. 5. (a) The intake officer shall do the following:
(1) Send the prosecuting attorney a copy of the preliminary inquiry.
(2) 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 31-41-1-5;
(C) refer the child to juvenile diversion;
(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 a dual status assessment team as described in IC 31-41-1-5;
(G) refer the child to another agency; or
(H) dismiss the case.
(b) The prosecuting attorney and the court may agree to alter the procedure described in subsection (a).
[Pre-1997 Recodification Citation: 31-6-4-7(e).]
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006, SEC.337; P.L.146-2008, SEC.627; P.L.66-2015, SEC.12; P.L.101-2022, SEC.17.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 37. Juvenile Law: Delinquency
Chapter 8. Information About Delinquent Children, Investigation, and Preliminary Inquiry
31-37-8-1. Receipt and Forwarding of Information Concerning Delinquent Child; Preliminary Inquiry
31-37-8-1-b. Receipt and Forwarding of Information Concerning Delinquent Child; Preliminary Inquiry
31-37-8-2. Contents of Preliminary Inquiry
31-37-8-2-b. Contents of Preliminary Inquiry
31-37-8-3. Notice of Conduct and Nature of Preliminary Inquiry
31-37-8-4. Advisement Required for Child Interview
31-37-8-4-b. Advisement Required for Child Interview
31-37-8-4.5. Privileged Communication to a Mental Health Evaluator; Exceptions
31-37-8-5. Provision of Copies of Preliminary Inquiry and Recommendation
31-37-8-5-b. Provision of Copies of Preliminary Inquiry and Recommendation