Indiana

NOTE TO USER:

While every attempt has been made to ensure accuracy, local practices and procedures may vary.  We encourage every user to consult with an experienced juvenile justice practitioner in the jurisdiction to determine how best to proceed in any particular situation.       

 

 

Collateral Consequences in the State of Indiana

 

Introduction

 

The trend in Indiana is to make juvenile delinquency information increasingly available to the public when the allegations involve acts that would be a felony if committed by an adult.  This trend puts the juvenile court under greater public scrutiny, rather than operating behind closed doors, and exposes the juvenile to the public gaze and the consequences that could follow.  The child does have the protection of the distinction between a juvenile adjudication and an adult conviction.  This distinction allows the child to keep his or her involvement in the juvenile system private on job applications and most higher education applications.  Juveniles are also not automatically put on the sex offender registry following a qualifying adjudication without a hearing concerning the registry.  Despite the number of potential collateral consequences following an arrest or adjudication, there is no required court advisement or colloquy. 

 

Understanding the Justice System

 

In Indiana, each county has a circuit court, and many have one or more superior courts, one of which may be designated as the juvenile court that handles proceedings in which the child is alleged to be a delinquent child.[1]  

Definition a delinquent child

There are two definitions of a delinquent child, one involving acts that would be a crime if committed by an adult and the other referring to status offenses.[2]

First, a child may be a delinquent child if the child is less than eighteen years old and commits an act that would be a crime if committed by an adult.[3]  Throughout the state, the juvenile court also has jurisdiction when the child is less than sixteen years old and is alleged to have committed a misdemeanor traffic offense if committed by an adult.[4]  This age limit is expanded in the Marion County (Indianapolis) superior court juvenile division if a child is sixteen or seventeen years old, has been taken into custody in Marion County, and has allegedly committed an act that would be a misdemeanor traffic offense if committed by an adult.[5]  All juvenile courts also have exclusive original jurisdiction if a child is alleged to have committed an operating while intoxicated offense, as defined by Ind. Code § 9-30-5.[6]

A child may also be a delinquent child if, before becoming eighteen (18) years of age, the child commits a defined status offense and the court finds that the child is in need of care, treatment, or rehabilitation that the child: (1) is not receiving, (2) is unlikely to accept voluntarily, and (3) is unlikely to be provided with or to accept without the coercive intervention of the court.[7]  Status offenses include leaving home without permission,[8] violation of the compulsory school attendance law (truancy),[9] habitual disobedience,[10] curfew violation,[11] certain act involving minors and alcoholic beverages,[12] and certain acts involving minors and fireworks.[13]

 Applicable ages for juvenile court jurisdiction

For purposes of Indiana’s juvenile law, a child is a person who is: (1) less than eighteen years of age; (2) eighteen, nineteen, or twenty years of age and who is alleged to have committed a delinquent act, including murder, before the person’s eighteenth birthday; or (3) was less than eighteen years of age at the time of the alleged act, and who is less than twenty-one years of age.[14]

Overview of the child's rights in a juvenile delinquency case

In general, a child accused of a delinquent act has the right to be represented by counsel, [15] not to testify against himself or herself (the Right to Remain Silent), [16] to confront witnesses,[17] to cross-examine witnesses,[18] to obtain witnesses or tangible evidence by compulsory process,[19] and introduce evidence on the child's on behalf.[20]  The child has no right to a jury trial in a juvenile deliquency case.[21]

Who can file charges against a child?

The prosecuting attorney has the sole authority to file a petition alleging delinquency in the juvenile court,[22] which requires the approval of the juvenile court.[23]  The prosecuting attorney also has the sole authority to file an information in a criminal  court that alleges that the child committed a crime.[24]

Allegations for which the juvenile court does not have jurisdiction (direct file cases)

An information must be filed by the prosecuting attorney in criminal court with no juvenile court involvement if the child is at least sixteen years old and the child is alleged to have committed certain crimes that are specifically excluded from juvenile court jurisdiction.[25] This is generally referred to as a "direct file" case.  Once a child is charged with any of the excluded offenses in criminal court, that court will retain jurisdiction even if the child pleads guilty to a lesser-included offense that could have been filed in juvenile court.[26]

The juvenile court also does not have jurisdiction if the child is alleged to have committed an infraction, except those infractions involving minors and alcohol, [27] or to have violated an ordinance.[28]

Procedure for waiver to adult court -- permissive or presumptive

There is a presumption in favor of disposing of juvenile matters within the juvenile system and waiver to criminal court jurisdiction is to be used as a last resort.[29]  If the prosecutor files a petition alleging delinquency in juvenile court and requests that the juvenile court waive jurisdiction, a hearing must be held on the motion to waive jurisdiction.[30] The juvenile court is required to inquire about the prosecuting attorney’s intentions to seek waiver at every initial hearing on a petition alleging delinquency.[31]  A motion to waive jurisdiction may not be made or granted after the child has admitted to the allegations in the petition alleging delinquency or the first witness has been sworn at the factfinding hearing (trial).[32]

If the juvenile court decides to waive jurisdiction, the court must make specific findings of fact to support the waiver order.[33]  The juvenile court’s decision can be categorized as permissive or presumptive.  Waiver of juvenile court jurisdiction is permissive when: (1) the child is at least fourteen years old and is charged with a felony that is heinous or aggravated, or is part of a repetitive pattern of delinquent acts,[34] or (2) the child is at least sixteen years old and is charged with a felony relating to controlled substances.[35]  During a permissive waiver hearing, the court may be required to consider such things as whether the child is beyond rehabilitation under the juvenile justice system[36] or the best interest of the safety and welfare of the community.[37]  Waiver of jurisdiction is presumptive when: (1) the child is at least ten years old and is charged with murder,[38] (2) the child is at least sixteen years old and is charged with a Level 1, 2, 3, or 4 felony -- previously a Class A or Class B felony (except related to controlled substances), involuntary manslaughter, or reckless homicide,[39] or (3) the child is charged with a felony and has a previous conviction of a felony or nontraffic misdemeanor.[40]  It is far less likely that the juvenile court will retain jurisdiction following a presumptive waiver hearing, than a permissive waiver hearing.

Following the juvenile court’s decision to waive jurisdiction, the case will be filed in the court that would have jurisdiction had the act been committed by an adult.[41]  Waiver is for the offense charged and for all included offenses.[42]

 

Children With Cases in Criminal Court

 

The impact of juvenile adjudications on future criminal sentences

A criminal felony sentence may be impacted if a person had adjudications for one Class A or Class B felony, or two Class C or Class D felonies, or one Class C and one Class D felony, or one Level 1, 2, 3, or 4 felony, or two Level 5 or 6 felonies, or one Level 5 and one Level 6 felonies, and less than three years has passed between the date of the commission of the qualifying juvenile acts and the commission of the felony for which the person is being sentenced.[43]  The impact is that the current sentence would be "non-suspendable," which means that the court may not suspend the sentence in excess of the minimum sentence.  For instance, if a Level 6 felony has a sentencing range of six months to three years of incarceration and the person is eligible for suspended sentence treatment, the court may sentence the person to as little as no incarceration time and augment the sentence with community corrections options.  However, if a sentence is "non-suspendable," the court may not order a sentence that is below the minimum sentence of six months of incarceration.

Does Indiana have "blended sentencing?"

Yes, but the blended sentencing statute only applies to children who are in the criminal court, and not the juvenile court.  Blended sentencing is a term used when a child is sentenced in such a way that he or she has access to juvenile justice rehabilitative interventions, but may still face the normal criminal court sentencing options once the child reaches adulthood or if other conditions apply.  In 2013, a new sentencing alternative was implemented that gives the criminal senttencing court a new option when sentencing juvenile defendants after convicting for a felony.[44]  Under this alternative or blended sentencing scheme, if the juvenile qualifies, the sentencing court may impose an appropriate criinal sentence, while ordering the juvenile to be placed in the custody of the Indiana Department of  Correction to be placed in a juvenile facility of the Division of Youth Services, and successful completion of that program is a condition of the suspended  criminal sentence.[45]  Between the child's eighteenth and nineteenth birthdays, the sentencing court must hold a review hearing and determine whether to continue the placement in a juvenile facility, discharge the sentence if the objectives of the sentence have been met, order all or part of the suspended sentence to be served in an adult facility of the Indiana Department of Correction, or place the juvenile in a community program.[46]

The impact of waiver on future cases

“Once waived, always waived” applies to a child when the juvenile court has previously waived jurisdiction and in the future the child is alleged to have committed an act that would be a felony if committed by an adult.[47]  The juvenile law will not apply to that child for future cases.[48]  There is no similar statute if the child has been convicted of a crime as a result of a direct file case where the juvenile court lacked jurisdiction.  In that case, it is possible for a child to return to juvenile court jurisdiction if a new juvenile court case is filed following the direct file conviction in criminal court; however, it is very likely that the prosecutor would ask the juvenile court to waive jurisdiction for the new case.

Does Indiana have reverse waiver or reverse transfer?

Indiana does not have a reverse waiver statute to return a child’s case from criminal court jurisdiction to juvenile court jurisdiction, except when there was a filing error.  If a criminal court determines that: (1) a defendant is less than eighteen years old, (2) that the child has not been the subject of a waiver of juvenile court jurisdiction proceeding, and (3) the crimes charged are not subject to direct filing, then criminal court must immediately transfer the case to the juvenile court for further proceedings.[49]

 

Notification of Collateral Consequences of Juvenile Arrest & Court Records

 

There is no mandatory advisement that the juvenile court must give the child concerning collateral consequences of a juvenile adjudication.   However, the juvenile court is required to advise the child of the available dispositional alternatives,[50] which include two with collateral consequences: the invalidation of a driver's license or permit[51] and HIV testing for certain sex and controlled substance offenses.[52]

           

Treatment of Juvenile Arrest Records

 

Are photographs and fingerprints routinely collected?

A law enforcement agency may take and file fingerprints and photographs of a child if: (1) the child is taken into custody for an act that would be a felony if committed by an adult and (2) the child was at least fourteen years old when the act was committed.[53]  If latent fingerprints are found during the investigation of an offense and law enforcement has probable cause to believe that the latent fingerprints belong to a certain child, the officer may fingerprint the child for comparison purposes.[54]  The juvenile court may, by general order, limit fingerprinting and photographing of children to specific offenses.[55]

If law enforcement chooses to take a child’s fingerprints or photographs, the law enforcement agency must give written notice to the child and the child’s parent, guardian, or custodian of the child’s right to destruction of the fingerprints or photographs.[56]  The fingerprint and photograph files must be separated from those of adults[57] and must be stored in such a way that those persons without authority to access juvenile records may access the adult records without accessing the juvenile records.[58]

Destruction of fingerprints or photographs

Upon written request of the child or the child’s parent, guardian, or custodian, a law enforcement agency shall destroy or deliver to the child any of the child’s fingerprints or photographs that are in within the agency’s possession if: (1) the child was taken into custody and no petition was filed against the child, (2) the petition was dismissed because of mistaken identity, (3) the petition was dismissed because no delinquent act was actually committed, or (4) the petition was dismissed for lack of probable cause.[59]  If the law enforcement agency forwarded copies of the fingerprints or photographs that must be destroyed to any agency of the United States, any other state or the State of Indiana, the law enforcement agency shall request in writing that all copies be returned for destruction or presentation to the child.[60]

Whenever fingerprints or photographs are expunged from the files or a law enforcement agency, the agency may retain no other information about the incident, however, there is no requirement that other law enforcement records or juvenile court records be altered.[61]

If the child has a record of prior arrests or if another charge is pending against the child, the law enforcement agency does not have to destroy the child’s fingerprints or photographs.[62]

Is DNA routinely collected?

DNA collection from juvenile suspects is not addressed in the Indiana Code.

Are juvenile arrest records made public?

If law enforcement records involve allegations that would be a crime if committed by an adult, the following information is public record: (1) the nature of the alleged offense, including the time, location, and property involved; (2) the identity of the victim; (3) a description of the method of apprehension; (4) any instrument of force used; (5) the identity of any officers assigned to the investigation, except undercover units; and (6) the age and sex of any child apprehended or sought.[63]  However, the actual identity of the child apprehended or sought is public record only if the arrest involves an offense over which the juvenile court does not have jurisdiction or is an act that would be a specified controlled substance felony.[64]  In addition, records relating to the detention of any child in a secure facility shall be open to public inspection.[65]

All other law enforcement records are confidential, including those involving the investigation of status offenses.[66]  However, a person who is at least eighteen years of age may waive the restrictions on access to the person’s record, if the person does so in writing, stating the terms of the waiver.[67]

What juvenile arrest data may be distributed?

Mandatory release of confidential law enforcement records upon request of certain persons:  There are several people to whom confidential law enforcement records may be released without seeking permission from the head of the law envorcement agency that holds the records.   They include: (1) a law enforcement officer acting within the officer’s lawful duties;[68] (2) the juvenile court judge or any authorized staff member;[69] (3) any party and the party’s attorney to a juvenile court proceeding, unless the person has been denied access to a predispositional report or records of a dispositional hearing;[70] (4) a criminal court judge or any authorized staff, if the records are to be used in a presentence investigation in that court;[71] (5) the prosecuting attorney or any authorized member of the staff;[72] or (6) the attorney for the department of child services, any authorized staff member, or any authorized staff member of the department of child services ombudsman.[73]  It should be noted that a juvenile court judge and the court’s employees may not exercise any jurisdiction or control over the juvenile records kept and maintained by the law enforcement agencies unless otherwise specifically provided in juvenile law.[74]

Mandatory release of confidential law enforcement records for certain purposes:  When the information is necessary for certain judicial proceedings, the head of a law enforcement agency must release confidential information, upon request.  In criminal or juvenile delinquency proceedings, any party to the proceeding shall be granted access to law enforcement records if the information is to be used to impeach the person as a witness or to discredit the person’s reputation, if the person places reputation at issue.[75]  Additionally, if the victim of a delinquent act requires the child’s name to proceed with a civil action for damages, the head of the law enforcement agency shall release the name.[76]  The victim may also ask the law enforcement agency if there is probable cause to believe that a specified child committed the act.[77]

When a child who is taken into custody for allegedly committing a specified crime or act,[78]  the law enforcement agency shall notify the chief administrative officer of the public or nonpublic primary or secondary school or the superintendent of the public school district in which the child is enrolled that the child was taken into custody and the reason why the child was taken into custody.[79]  This notification must occur within forty-eight (48) hours after the child was taken into custody.[80]  As part of the notification, a law enforcement agency may not disclose information that is confidential under state or federal law to a school or school district.[81]

Discretionary release of confidential law enforcement records:  If a person has a legitimate interest in the work of an agency or in a particular case, a law enforcement agency may release confidential law enforcement records.[82]  In exercising this discretion, the head of the law enforcement agency must consider that the best interests of the safety and welfare of the community and whether those interests iare best served by the public’s ability to obtain information about the identity of anyone charged with the alleged commission of any act that would be murder or a felony if committed by an adult or an act that would be part of a pattern of less serious offenses.[83]  An interested person who is granted access to the law enforcement records is not bound by the confidentiality provisions and may disclose the contents of the records.[84]

The head of a law enforcement agency may also enter into an agreement with a person involved in a legitimate research activity for access to the agency’s confidential records.[85]  The agreement must specify the terms of the researcher’s use of the records.[86]  The researcher must provide written information about the purpose of the project, including any intent to publish the findings; the nature of the data to be collected, how the researcher intends to analyze the data, the records the researcher seeks to review, and the safeguards the researcher will take to protect the identity of persons whose records will be reviewed.[87] The law enforcement agency must determine that the proposed identity safeguards are adequate[88] and inform the researcher of the provisions surrounding disclosure, as specified by statute, including the criminal liability of a person who recklessly fails to protect the records.[89]

Recordkeeping for released confidential law enforcement information:  Whenever the head of a law enforcement agency grants access to the agency’s records, that person shall place a copy of the access order in the file of each person to whose records the order applies, unless general access was granted for research purposes.[90]  For general research access, the copy of the access order shall be placed in a general file containing all general access orders or agreements.[91]

 

Treatment of Juvenile Court Records and Confidentiality of Court Proceedings

 

At what point in the court process do records begin?

The juvenile court records that are used to initiate a juvenile delinquency case vary depending upon the type of triggering event.  If a child is taken into custody and a detention hearing is requested, the first documents filed with the court will relate to a request for and notice of a detention hearing.[92]  If the case is handled through a program of informal adjustment, the intake officer will submit the preliminary inquiry and proposed program of informal adjustment to the juvenile court for approval.[93]  For other children, the juvenile court’s records begin when the prosecuting attorney requests permission to file a petition alleging delinquency.[94]

Where and how are juvenile records stored?

The clerk of courts maintains the official court records.[95]  The probation department for the juvenile court shall also maintain information relating to delinquent children who receive juvenile law services, including the number of children, demographic information, and all financial information related to services provided.[96]  The juvenile court shall take appropriate actions to protect juvenile records from unauthorized disclosure.[97]

What is in a juvenile court record and who may have access

Juvenile court records may contain a variety of documents, including those that have been filed with the clerk of courts and the chronological case summaries.  The confidentiality statutes apply to the following records: chronological case summaries, index entries, summonses, warrants, petitions, orders, motions, decrees, records involving an adult charged with a crime or contempt of court, and records involving a pregnant minor or her physician seeking a waiver of the parent notification consent requirement prior to an abortion.[98]  All confidential juvenile court records are available only in accordance with the access to records statutes.[99]  A person who is at least eighteen years of age may waive the restrictions on access to the person’s records if the person does so in writing.[100]

Public records:  The records of the juvenile court are available without a court order to the public whenever a petition has been filed alleging that a child is a delinquent as the result of any of the following alleged acts or combination of alleged acts: (1) murder or a felony if committed by an adult, (2) an aggregate of two unrelated acts that would be misdemeanors if committed by an adult if the child is at least twelve years old when the acts were committed, or (3) an aggregate of five unrelated acts that would be misdemeanors if committed by an adult if the child is less than twelve years of age when the acts were committed.[101]  The information that may be released to the public are the child’s name, age, nature of the offense, chronological case summaries, index entries, summonses, warrants, petitions, orders, motions (excluding motions concerning psychological evaluations and child abuse and neglect), decrees, and the child’s photograph.[102]  The clerk of the juvenile court shall place all other records in an envelope marked “confidential” inside the court’s file pertaining to the child.[103]

Mandatory notice of adjudication and disposition to primary or secondary school:  If an individual is enrolled in a primary or secondary school and has been adjudicated as a delinquent child for an act that would be a Class A, Class B, Class C, two Class D felonies, a Level 1 felony, a Level 2 felony, a Level 3 felony, a Level 4 felony,  Level 5 felony, or two Level 6 felonies if committed by an adult, the judge shall give written notice of the adjudication to the chief administrative officer or school superintendent.[104]  The notice must include only the felony for which the child was adjudicated and the disposition.[105]  If the court later modifies the juvenile law disposition, the court shall notify the school or school district of the disposition modification.[106]

Mandatory notice of disposition to the Indiana State Police Department:  Juvenile justice agencies must report each incident in which a child taken into custody for a reportable act that was allegedly committed by the child to the Indiana State Police Department (ISPD).[107]  If the child is later released without having a petition filed, notice of that disposition shall be reported to ISPD by the responsible juvenile justice agency.[108] If a petition alleging delinquency is filed, the clerk of court shall report the dispositional decree of the case to ISPD.[109]

Release of confidential records without a court order:  Confidential juvenile court records are available to many persons and agencies without a court order, including: (1) the judge or any authorized staff;[110] (2) any party and the party’s attorney, if the records are applicable to the proceedings in which the person is a party;[111] (3) the judge of a criminal court or any authorized staff member if the record is to be used in a presentence investigation in that court;[112] (4) the prosecuting attorney or any authorized staff member;[113] (5) the attorney for the department of child services;[114] (6) any authorized staff member of the county office, the department of child services, the department of correction, or the department of child services ombudsman;[115] or (7) the parents of a child subject to a custody or child support proceeding.[116]

When necessary to assist in determining the appropriateness of an out-of-home placement or to conduct a criminal history check,  employees of the department of child services, caseworkers, or  juvenile probation officers may access juvenile court records without a court order.[117]

Finally, certain entities and agencies may exchange records on delinquent children without a court order, including a court, a law enforcement agency, the department of correction, the department of child services, the office of the secretary of family and social services, and a public or nonpublic primary or secondary school, and the department of child services ombudsman, if the information or records are not confidential under state or federal law.[118]

Mandatory release of confidential records, if requested:  If requested, the juvenile court must grant access to confidential juvenile records to any person involved in a legitimate research activity, if the person conducting the research provides written information about: (1) the purpose of the person’s project, including any intent to publish the person’s findings, (2) the nature of the data the person seeks to collect and how the person intends to analyze the data, (3) the records the person seeks to review, and (4) the safeguards the person will take to protect the identity of each person whose records the researcher will review.[119]  The proposed safeguards must be adequate to protect the identity of each person whose records the researcher will review.[120]  The court must inform the researcher about the statutory confidentiality provisions, including criminal liability of a person who recklessly fails to protect the records.[121]  Finally, the juvenile court and the researcher must execute an agreement that specifies the terms of the researchers use of the records.[122]

The juvenile court must also grant any party to a criminal or juvenile delinquency proceeding access to a person’s legal records if the information may be used to impeach the person as a witness or to discredit the person’s reputation if the person places reputation at issue.[123]  The information released may only be used in criminal or juvenile delinquency proceedings.[124]

Discretionary release of confidential records:  A juvenile court has discretion to grant access to confidential records in certain circumstances.  First, access to the child’s records and the child’s family records may be granted to any person providing services to the child or the child’s family.[125]

A juvenile court may also grant access to all or a portion of the juvenile court records of a student upon written request of a school superintendent or administrator.[126]  The school superintendent or administrator must submit a written request that establishes that the records are necessary for the school to serve the educational needs of the child or to protect the safety or health of a student, employee, or volunteer at the school.[127]  If the records are released, the juvenile court must provide notice to the child and to the child’s parent, guardian, or custodian that the juvenile’s records have been disclosed to the school.[128]  The juvenile court must also issue an order requiring the school to keep the records confidential.[129]

The juvenile court may grant access to the court's legal records to the victim of a delinquent act, or a member of the victim’s family, if the information may be used in a civil action against the child who committed the act or the child’s parent.[130]  A person having access to the records may disclose the contents, if disclosure is necessary to prosecute any civil action.[131]

Access may also be granted to any person having a legitimate interest in the work of the court or a particular case access to the court’s legal records.[132]  In exercising its discretion, the court shall consider that the best interests of the safety and welfare of the community are generally served by the public’s ability to obtain information about the alleged commission of an that would be murder, a felony if committed by an adult, or is part of a pattern of less serious offenses.[133]  If access is granted, the person receiving the records is not bound by the confidentiality provisions and may disclose the contents of the records.[134]

Recordkeeping for released confidential juvenile court records:  Whenever the juvenile court grants access to its records, the court shall place a copy of the access order in the file of each person to whom the order applies.[135]  If the access order is a general access order or an agreement with a researcher, the copy shall be placed in a general file containing all general access orders or agreements.[136]

Access to school records generated in connection with a preliminary inquiry

If a preliminary inquiry takes place in a school and is conducted in the presence of school officials, any record of the proceeding compiled by school officials is confidential and is not open to the public.[137]     

Confidentiality of juvenile court proceedings

A delinquency proceeding is open to the public whenever a petition is filed alleging that the child has committed an act that would be murder or a felony if committed by an adult.[138]  The juvenile court shall determine whether the public should be excluded from other proceedings.[139]  Upon motion of certain parties, the court may issue an order closing a proceeding during testimony of certain individuals, including a child witness or child victim,[140] a health care provider,[141] or certain mental health care providers.[142]

 

Expunging Delinquency Arrest Records, Court Records, and Records of Services

 

Does the state permit indigent defenders to provide post-dispositional advocacy in the form of limiting distribution of juvenile records?

Post-disposition advocacy, such as preparing motions to expunge juvenile records, would be determined on a county-by-county basis.  Indiana has a decentralized indigent defense delivery system that is administered at the county-level.  The State Public Defender’s Office provides assistance with post-conviction remedies.[143]

How does a juvenile seal or expunge his record?

There is no statutory authority to seal a juvenile record.  Any person may petition a juvenile court at any time to remove records pertaining to the person’s involvement in juvenile delinquency proceedings from the court’s files, law enforcement agency files, and the files of any other person who has provided services to a child under a court order.[144]  In considering whether to grant the expungement petition, the juvenile court may review: (1) the best interests of the child, (2) the age of the person during the person’s contact with the juvenile court or law enforcement agency, (3) the nature of any allegations, (4) whether there was an informal adjustment or an adjudication, (5) the disposition of the case, (6) the manner in which the person participated in any court ordered or supervised services, (7) the time during which the person has been without contact with the juvenile court or with any law enforcement agency, (8) whether the person acquired a criminal record, and (9) the person’s current status.[145]

If the court grants the expungement petition, the court shall order each law enforcement agency and each person who provided treatment for the child under an order of the court to send that person’s records to the court.[146]  The records may be destroyed or given to the person to whom the records pertain.[147]

Use of expunged records in civil action

If a person whose records are expunged brings an action that might be defended with the contents of the record, the defendant is presumed to have a complete defense to the action.[148]  For the plaintiff to recover, the plaintiff must show that the contents of the expunged records would not exonerate the defendant.[149]  The plaintiff may be required to state under oath whether the plaintiff had records in the juvenile justice system and whether those records were expunged.[150]  If the plaintiff denies the existence of the records, the defendant may prove the existence of the records in any manner compatible with the law of evidence.[151]

 

Challenging Court Record and Arrest Record Accuracy

 

A person on whom confidential juvenile court records are maintained may request that the court modify any information that the person believes is incorrect or misleading.[152]  A person on whom confidential law enforcement records are maintained may request that the law enforcement agency modify any information that the person believes to be incorrect or misleading.[153]  A person, or the person's parent, guardian, or custodian if the person is less than eighteen years old, may challenge the accuracy of information about the person filed with the Indiana State  Police Department as juvenile  history data.[154]

 

Employment Opportunities

 

Can juvenile records be viewed for employment purposes?

Some juvenile records may be viewed if the records are not confidential by statute.  Employers are not specifically listed as having statutory access to juvenile court records.  However, the records of the juvenile court are available without a court order to the public whenever a petition has been filed alleging that a child is a delinquent as the result of any of the following alleged acts of combination of alleged acts: (1) murder or a felony if committed by an adult, (2) an aggregate of two unrelated acts that would be misdemeanors if committed by an adult if the child is at least twelve years old when the acts were committed, or (3) an aggregate of five unrelated acts that would be misdemeanors if committed by an adult if the child is less than twelve years of age when the acts were committed.[155]

If the child is placed on the sex or violent offender registry, the employer will have access to some information about the case through the registry website.[156]  Many employers assume that only a person who was convicted of a crime can be put on the sex or violent offender registry.  Therefore, if an applicant notes that they have never been convicted of a crime, but a records check reveals that the person is listed on the sex or violent offender registry, many employers will assume that the applicant lied about his or her conviction record on the job application and employment will be denied.

What information do employers see?

If the child is adjudicated for an act or combination of acts that make the records open to the public, the only information that may be released to the public are the child’s name, age, nature of the offense, chronological case summaries, index entries, summonses, warrants, petitions, orders, motions (excluding motions concerning psychological evaluations and child abuse and neglect), decrees, and the child’s photograph.[157]

Can employers view juvenile records that are sealed or expunged?

An employer will not have access to an expunged record.  An expunged record is either destroyed or returned to the juvenile.[158]  There is no statutory authority for sealing a juvenile record. 

How should juveniles respond to inquiries about their record on job applications?

The juvenile’s response depends on the question asked.  If asked if the child has ever been arrested, the answer would be in the affirmative.  If asked if the child has ever been convicted of a crime, the answer would be, “no,” as juvenile delinquents are adjudicated and not convicted.

A juvenile adjudication history can prevent certain employment with children

In general, licensing boards, commissions, or committees will only consider convictions when determining an individual's ability to perform the duties of a profession. [159] Historically, the Indiana State Board of Law Examiners applications for the bar examination require that an applicant reveal virtually any juvenile court involvement, even if the case was dismissed or handled through a diversion program. Revealing this juvenile court involvement would be part of the overall character and fitness evaluation of the bar examination applicant.

There are certain programs to assist children that require applicants for employment to reveal a juvenile history. When the IndianaDepartment of Child Services conducts certain criminal history checks, it includes substantiated reports of child abuse or neglect for a person who is fourteen years of age or older.[160]  The Indiana Department of Child Services may deny a foster care license to an applicant who has a juvenile adjudication for one of several enumerated acts[161] that would be a felony if committed by an adult.[162] A voluntary preventative program for at-risk children is statutorily prohibited from employing an applicant who has a juvenile adjudication for specific acts[163] that would be a felony if committed by an adult.[164]

 

Collateral Consequences Affecting Adoption, Guardianship, or Placement Matters

 

Can an adjudication affect a person's ability to adopt?

Yes.  A petition for adoption only requests convictions and not adjudications.[165]  Prior to placement, the licensed child-placing agency or the Indiana Department of Child Services (DCS) must conduct a criminal history check concerning the proposed adoptive parent and any other person who is currently residing in the proposed adoptive home.[166] A criminal history check includes substantiated reports of abuse or neglect relating to a person who is fourteen (14) years of age or older that is contained in a national registry of substantiated cases of child abuse and neglect.[167] Particularly for sex crime adjudications, some children may be placed on the registry or index of substantiated cases by DCS.

Also, if the child who would be adopted is a ward of DCS as the result of a termination of parental rights, DCS must be notified of any adoption proceedings.[168]  DCS must consent to any petition to adopt a child for whom DCS has lawful custody.[169]  It is also possible for DCS to contest any adoption, if DCS was required to be notified of the adoption.[170]  The juvenile court may not order or allow placement of a child in need of services in another home if a person who is currently residing in the home has a juvenile adjudication for an act listed among certain named acts that would be felonies if committed by an adult,[171] and therefore it is likely that DCS would object to placement in an adoptive home with a person with a qualifying adjudication.[172]

Can an adjudication or conviction while a minor affect a person's ability to be appointed as a guardian?

Yes, if the minor has a conviction.  A court may not appoint a person to serve as a guardian if the person was less than eighteen years old at the time of the offense and was convicted as an adult of certain enumerated offenses.[173]  This limitation does not apply to juvenile court adjudications.

Can the juvenile court place a child in need of services (CHINS) or juvenile delinquent in a house of an adult or child with an adjudication?

No. The juvenile court may not order or allow placement of a child in another home if a person who is currently residing in the home has a juvenile adjudication for an act that would be one of certain named acts[174] that would be a felony if committed by an adult.[175]

 

Collateral Consequences Affecting Elementary & Secondary Education Students 

 

Can arrest or adjudication affect a juvenile's elementary school or high school education?

Yes. Students may be disciplined, suspended or expelled for engaging in unlawful activity on or off school grounds if: (1) the unlawful activity may reasonably be considered to be an interference with school purposes or an educational function; or (2) the student’s removal is necessary to restore order or protect persons on school property; including any unlawful activity during weekends, holidays, other school breaks, and the summer period when a student may not be attending classes or other school functions.[176]

School officials receive notice of the child’s involvement with the juvenile court in a variety of ways.  If a child is taken into custody for a specified crime or act,[177] the law enforcement agency that takes the child into custody shall notify the chief administrative officer or superintendent of the school in which the child is enrolled that the child was taken into custody and of the reason why the child was taken into custody.[178]  This notification must occur within forty-eight (48) hours after the child is taken into custody.[179]  A law enforcement agency may not disclose information that is confidential under state or federal law to a school or school district as part of the notification.[180]

The judge must give written notice of the adjudication to the chief administrative officer or school superintendent if a child is enrolled in a primary or secondary school and has been adjudicated as a delinquent child for an act that would be a Class A, Class B, or Class C Level 1, Level2, Level3, Level 4 or Level 5 felony, or two Class D or Level 6 felonies, if committed by an adult.[181]  The notice must include only the felony for which the child was adjudicated and the juvenile law disposition.[182]  If the court later modifies the juvenile law disposition, the court shall notify the school or school district of the disposition modification.[183]

Finally, the juvenile court may grant access to all or a portion of the juvenile court records of a student upon written request of a school superintendent or administrator.[184]  The school must submit a written request that establishes that the records are necessary for the school to serve the educational needs of the child or to protect the safety or health of a student, employee, or volunteer at the school.[185]  If the records are released, the juvenile court must provide notice to the child and to the child’s parent, guardian, or custodian that the juvenile’s records have been disclosed to the school.[186]  The juvenile court must also issue an order requiring the school to keep the records confidential.[187]

How long can a juvenile be suspended or expelled from school as a result of contact with the juvenile justice system?

The amount of time varies depending on the circumstances of the juvenile’s actions and the allegations against the child.  First, it is important to understand the definition of a suspension versus an expulsion.  A suspension is, in general, any disciplinary action that does not constitute an expulsion, whereby a student is separated from school attendance for not more than ten days.[188]  An expulsion is, in general, a disciplinary or other action whereby a student is separated form school attendance for: (1) a period exceeding ten school days; (2) the balance of the current semester or current year; or (3) the period prescribed by statute,[189] which may include an assignment to attend an alternative school, an alternative educational program, or a homebound educational program.[190]

A principal may suspend a student for not more than ten school days for the following:[191] (1) student misconduct or substantial disobedience when: (a) a student is on grounds immediately before or during school hours, or immediately after school hours, or at any other time when school is being used by a school group; (b) off school grounds at a school activity, function, or event; or (c) traveling to or from school or a school activity, function, or event;[192] or (2) engaging in unlawful activity on or off school grounds if: (a) the unlawful activity may reasonably be considered to be an interference with school purposes or an educational function; or (b) the student’s removal is necessary to restore order or protect persons on school property; including an unlawful activity during weekends, holidays, other school breaks, and the summer period when a student may not be attending classes or other school functions.[193]

The superintendent or the person designated by the superintendent may continue the suspension of a student for more than the ten school day period of the principal’s suspension and until the time of the expulsion decision by statute[194] if the superintendant or the designated person determines that the student’s continued suspension will prevent or substantially reduce the risk of: (1) interference with an educational function or school purposes; or (2) a physical injury to the student, other students, school employees, or visitors to the school.[195]

Generally, a student may not be expelled for longer than the remainder of the school year in which the expulsion took effect if the misconduct occurs during the first semester,[196] except if the misconduct involved firearms and deadly weapons.[197]  If a student is expelled during the second semester, the expulsion remains in effect for summer school and may remain in effect for the first semester of the following school year, unless otherwise modified or terminated by order of the governing body.[198]  A student who is identified as bringing a firearm or destructive device to school or on school property or was in possession of a firearm or destructive device on school property must be expelled for at least one calendar year, with the return of the student to be at the beginning of the first school semester after the end of the one year period.[199]  However, the superintendent may, on a case-by-case basis, modify the period of expulsion for a student.[200]

If the student is at least sixteen years of age and he or she wishes to reenroll after an expulsion or exclusion, the appropriate authorities may require that the student attend an alternative program.[201]

Notwithstanding any other law, a suspension, expulsion, or other disciplinary action against a student who is a child with a disability[202] is subject to the procedural requirements[203] and rules adopted by the board.[204]

If a youth is suspended or expulsion from school because of a charge, a complaint brought against him or her, an adjudication or admission to a crime, is there any relief available?

There is no statutory authority to appeal a suspension.  If the student is expelled, the student or the student’s parent has the right to appeal to the governing body, if a written appeal is filed within ten days of receipt of a notice of expulsion meeting results.[205]  Judicial review of a governing body’s action by the circuit or superior court of the county in which a student resides is limited to the issue of whether the governing body acted without following the required statutory procedures.[206]

Can a youth be suspended or face expulsion from elementary or secondary school, even if his or her records are sealed or expunged?

No. An expunged record is either destroyed or returned to the juvenile.[207]  There is no statutory authority for sealing a juvenile record.  However, because schools are notified of most felony adjudications[208] and detentions,[209] expungement of the juvenile record is likely irrelevant.

Are there any collateral consequences effecting access to state higher education for a juvenile that has been adjudicated delinquent or charged with a crime?

Admission criteria can vary widely.  As an example, in Indiana there are seven colleges and universities that are defined as state educational institutions: Ball State University, Indiana State University, Indiana University, Ivy Tech Community College, Purdue University, University of Southern Indiana, and Vincennes University.[210]  The applications for admission to these institutions can be categorized as: (1) no request for criminal conviction or juvenile adjudication information, (2) requesting only criminal conviction information, and (3) requesting information that may include a juvenile record or juvenile acts.

An example of the third option are some of the Indiana University campuses that have applications that refer mostly to criminal activity, but ask questions that can be read to require inclusion of juvenile adjudications or acts.  For instance, the Indiana University -- Bloomington freshman application for 2014-15 has a required section entitled "Criminal Activity Disclosure," which asks:  "Have you ever been charged with or convicted of a misdemeanor or a felony or ha ve you engaged in behavior that resulted in mental or physical injury to person(s) or personal property?"[211]  If the answer is yes, the applicant must attach a brief explanation describing the incident, including the location and date of the charge or conviction, the person's sstatus at the time of release, and the court disposition.  A juvenile delinquent does not have convictions to reveal.  However, the request for behavior disclosures makes it possible that the applicant would reveal delinquent behavior. 

Must a youth who applies for state financial aid disclose juvenile arrests or adjudications?

Yes, if applying for certain state program, the child would have to reveal some or all of their juvenile history.  For instance, if applying for the Twenty-first Century Scholars Program, an annual tuition scholarship program, the student must certify in writing that the student has not used controlled substances, illegally consumed alcoholic beverages, and has not committed any other crime or a delinquent act.[212]

 

Collateral Consequences to Receipt of Public Benefits & Privileges

 

Can a juvenile adjudication affect eligibility for Medicaid?

If the child is a Medicaid recipient who is less than eighteen years old, adjudicated as a delinquent child and placed in a community-based correctional facility for children, a juvenile detention facility, or a secure facility, and is ineligible for Medicaid while in the placement due to federal Medicaid law, the Indiana Division of Family Resources shall suspend the child's participation in the Medicaid program for up to six months before terminating the child's eligibility.[213]  If the Indiana Division of Family Resources receives notice at least forty days before the child is released from the detention, the Indiana Division of Family Resources shall take the action necessary to ensure that the child is eligible to participate in the Medicaid program upon the child's release, if the child is eligible to participate.[214]

Can a juvenile record (or a household member’s juvenile record) affect eligibility for public housing?

There is no Indiana statutory authority addressing these issues.  Federal law requires that a person who has a juvenile adjudication for a sex offense be banned from public housing.[215]  Juveniles are also banned from public housing for three years when evicted for drug-related activity,[216] including drug abuse.[217]  The housing provider may make an exception for a family if the juvenile successfully completes a supervised drugs rehabilitation program approved by the local public housing authority or the circumstances leading to the eviction no longer exist (for example, if the juvenile is placed in a secure facility.)[218]  Persons involved in the manufacturing of or otherwise producing methamphetamine on the premises of a federally-assisted housing program are also banned.[219]

Can having a juvenile record affect getting or keeping a driver’s license or permit?

There are several ways that a juvenile record can impact a juvenile’s driver’s license or permit. 

School Attendance:  An individual who is at least thirteen years of age but less than fifteen years of age and is a habitual truant may not be issued an operator’s license or a learner’s permit to drive a motor vehicle until the individual is at least eighteen years of age.[220]  Each governing school body shall establish the definition of a habitual truant, which must, minimally, define the term as a student who is chronically absent, by having unexcused absences from school for more than ten days of school in one school year.[221]  If the individual’s attendance record has improved, the governing body may determine that the child may become eligible to be issued an operator’s license or a learner’s permit.[222]

If a delinquent child has an adjudication for violation of the compulsory school attendance law[223] and has previously been determined to be a delinquent child due to the commission of the same act, the juvenile court shall order the bureau of motor vehicles to invalidate the child’s driver’s license or permit for a period of not less than ninety days but not more than one year.[224]

In addition, if an individual who is subject to the compulsory school attendance statutes has not received consent to withdraw from school and fails to return to school at the beginning or during the semester, the child’s driver’s license or learner’s permit shall revoke any license or permit issued and no additional licenses or permits may be issued until the individual is at least eighteen years of age.[225]  If the school subsequently gives consent to the individual to withdraw from school, the individual shall no longer be considered a dropout for purposes of a license or permit.[226]

Minors and alcohol-related offenses:  If the child is alleged to have committed operating while intoxicated, the court shall immediately suspend the child’s driving privileges.[227]  If the case is resolved in the child’s favor, the record of the suspension shall be removed.[228]  If the child is adjudicated, the court shall suspend the child’s driving privileges for six months to two years for a first offense and up to five years for subsequent offenses.[229]

If a minor knowingly possesses an alcoholic beverage, consumes it, or transports it on a public highway when not accompanied by at least one parent or guardian, the court shall order the driver’s license suspended for at least sixty days, and may suspend the license for up to one year.[230]  If a minor is recklessly in a tavern, bar, or other public place where alcoholic beverages are sold, bartered, exchanged, given away, provided, or furnished (with certain statutory exceptions),[231] the minor’s driver’s license shall be suspended for up to one year.[232]  If a person uses or has possession of a driving license or permit of another person with the intent to violate or evade or attempt to violate or evade any provision of law relating to the sale, purchase, use, or possession of alcoholic beverages, the driver’s license shall be suspended for at least ninety days.[233]  A minor who uses a false or altered driver’s license or the driver’s license of another person as evidence of majority shall have the minor’s driver’s license suspended for one year.[234]

Controlled substances and prescription drug-related offenses:  If the child is a delinquent child for dealing in a controlled substance or counterfeit substance, possession a controlled substance or prescription drug without a prescription, or conspiring to commit the former acts, the juvenile court shall order the child’s operator’s license or permit be invalidated for at least six months but not more than one year from the time the child would otherwise be eligible for a learner’s permit.[235]  If the child has prior adjudications for these same acts or the delinquent act was committed on school property, within one thousand feet of school property, or on a school bus, the juvenile court shall order the bureau of motor vehicles to invalidate the child’s operator’s license for at least six months but not more than two years from the time the child would otherwise be eligible for a learner’s permit.[236]  If the court orders the maximum suspension or invalidation and the child commits no further delinquent acts, the court may enter an order allowing the child to receive a license or permit before the period of invalidation or denial is completed.[237]

Criminal mischief or graffiti:  If the child commits an act that would be criminal mischief or institutional mischief, if committed by an adult, that involves the use of graffiti, the juvenile court may order the bureau of motor vehicles to suspend the child’s operator’s license or invalidate the child’s learner’s permit for one year beginning the date of the order.[238]  If the child removes or paints over the graffiti or has made other suitable restitution, the court may rescind the order for suspension or invalidation and allow the child to receive a license or permit.[239]

Fuel theft:  If the child commits an act that would be fuel theft, if committed by an adult, the juvenile court shall order the bureau of motor vehicles to suspend the child’s operator’s license or invalidate the child’s learner’s permit for thirty days.[240]

 

Sex and Violent Offender Registry

 

Who is required to register?

A “sex offender” is a person convicted of rape, criminal deviate conduct, child molesting, child exploitation, vicarious sexual gratification, child solicitation, child seduction, sexual misconduct with a minor as a Class A, B, or C felony or a Level 1, 2, 4, or 5 felony, incest, sexual battery, kidnapping, criminal confinement, possession of child pornography, promoting prostitution, promotion of human trafficking, sexual trafficking of a minor, human trafficking, an attempt or conspiracy to commit any of the listed acts, or a similar crime in another jurisdiction, including a military court.[241]

A “sex or violent offender” is a person who is convicted of the acts listed above, murder, or voluntary manslaughter.[242]

The terms “sex offender” or “sex or violent offender” include a child who has committed a delinquent act and who: (1) is at least fourteen years of age; (2) is on probation, is on parole, is discharged from a facility by the department of correction, is discharged from a secure private facility, or is discharged from a juvenile detention facility as a result of an adjudication as a delinquent child for an act that would be a listed offense; and (3) is found be a court by clear and convincing evidence to be likely to repeat an act that would be a listed offense.[243]

When would a juvenile have to register?

Before a child who has been adjudicated a delinquent child may be ordered to publicly register as a sex offender, a court must hold an evidentiary hearing and determine by clear and convincing evidence that the child is likely to commit another sex offense.[244]  In making a determination, the court shall consider expert testimony concerning whether the child is likely to repeat an act that would be a listed offense if committed by an adult.[245]  The evidentiary hearing may not be held until the child is released from a facility where the child received rehabilitative treatment.[246] This requirement for a hearing after the child has received rehabilitative treatment results in very few children who have been ordered to register as a sex offender in Indiana.

Who has access to the offender registry?

Anyone can access the sex offender registry.  The list is highly publicized and includes juvenile offenders.[247]

What information is disclosed? 

The sex or violent offender registration documentation supplied by the offender must include the following information: (1) full name, prior names, and aliases; date of birth; sex; race; height; weight; hair color; eye color; any scars or tattoos; Social Security number; driver’s license number or state identification card number; vehicle description and vehicle plate number if owned or operated on a regular basis; principle residence address, other addresses used frequently, and mailing address; (2) a description of offense, date of conviction, county of conviction, cause number, and sentence imposed, if applicable; (3) the name and address of employers and the name and address of campus or school where offender is enrolled, if required by law; (4) a recent photograph; (5) whether the offender is sexually violent predator; (6) whether the offender is required to register for life; (7) any electronic mail address, instant messaging username, electronic chat room username, or social networking web site username that the offender uses or intends to use; (8) any other information required by the Indiana department of correction.[248]

The current sex and violent offender search website shows the following information: (1) name; (2) registration number; (3) level of offender; (4) physical description, including age, sex, race, hair, height, weight, eyes, scars and tattoos; (5) address; (6) offenses, including description, date convicted, conviction state, date released, and details; (7) warrants; (8) other known addresses, including work addresses, school addresses, volunteer addresses, and other residential addresses.[249]

How long is the duty to register?

Registration is either required for ten years or for life.  A sex or violent offender is required to register for ten years, in general.[250]  However, lifetime registration is required if the person: (1) is classified as a sexually violent predator;[251] (2) is convicted of one listed offense when the person was at least eighteen years of age, and the victim was less than twelve years of age;[252] (3) is convicted of one listed offense and the act caused serious bodily injury or death to the victim, force was used against the victim or the victim’s family, or the victim was rendered unconscious or incapable of giving voluntary consent;[253] or (4) is convicted of at least two unrelated offenses[254]

Is there any relief for those who are on the registry?

In general, there is no relief from the sex offender registry except through the normal appellate or post-conviction review processes.




[1] Ind. Code  §§ 33-33-1-1 to 33-33-92-6 (2014). 

[2] Ind. Code § 31-37-1-1 (2014); Ind. Code § 31-37-2-1 (2014).

[3] Ind. Code § 31-37-1-1 (2014); Ind. Code § 31-37-1-2 (2014).

[4] Ind. Code § 31-30-1-1(8) (2014).

[5] Ind. Code § 31-30-1-8 (2014).

[6] Ind. Code § 31-30-1-1(9) (2014).

[7] Ind. Code §  31-37-2-1 (2014); Ind. Code § 31-37-2-2 (2014).

[8] Ind. Code § 31-37-2-2 (2014).

[9] Ind. Code § 31-37-2-3 (2014).

[10] Ind. Code § 31-37-2-4 (2014).

[11] Ind. Code § 31-37-2-5 (2014).

[12] Ind. Code § 31-37-2-6 (2014).

[13] Ind. Code § 31-37-2-7 (2014).

[14] Ind. Code § 31-9-2-13(d) (2014).

[15] Ind. Code § 31-32-2-2(1) (2014); Ind. Crim R. 25.

[16] Ind. Code § 31-32-2-2(2) (2014).

[17] Ind. Code § 31-32-2-2(3) (2014).

[18] Ind. Code § 31-32-2-1(1) (2014).

[19] Ind. Code § 31-32-2-1(2) (2014).

[20] Ind. Code § 31-32-2-1(3) (2014).

[21]  Ind. Code § 31-32-6-7(a) (2014).

[22] Ind. Code § 31-37-10-1 (2014).

[23] Ind. Code § 31-37-10-2 (2014).

[24] Ind. Code § 35-34-1-1 (2014); Ind. Code § 35-34-1-2 (2014).

[25] These direct file crimes for children who are at least sixteen years old include murder, attempted murder, kidnapping, rape, robbery if armed with a deadly weapon, robbery that results in bodily injury or serious bodily injury, carjacking, carrying a handgun without a license if charged as a felony, children and firearms if charged as a felony, dealing in a sawed off shotgun, or any offense that may be joined with any of the previously listed offenses.  Ind. Code § 31-30-1-4(a) (2014).  The juvenile court lacks jurisdiction for misdemeanor traffic offenses if the child is at least sixteen years old, unless the act occurred in Marion County.  Ind. Code §31-30-1-1(8) (2014); Ind. Code § 31-30-1-8 (2014).

[26] Ind. Code § 31-30-1-4(c) (2014).

[27] Ind. Code § 31-30-1-2(1) (2014).

[28] Ind. Code § 31-30-1-2(2) (2014).

[29] Atkins v. State, 259 Ind. 596, 598, 290 N.E.2d 441, 443 (1972).

[30] Ind. Code § 31-37-12-4(2)(A) (2014).

[31] Ind. Code § 31-37-12-4 (2014).

[32] Ind. Code § 31-30-3-7 (2014).

[33] Ind. Code § 31-30-3-10 (2014).

[34] Ind. Code § 31-30-3-2 (2014).

[35] Ind. Code § 31-30-3-3 (2014).

[36] Ind Code § 31-30-3-2(4) (2014).

[37] Ind. Code § 31-30-3-2(5) (2014); Ind. Code § 31-30-3-3(4) (2014).

[38] Ind. Code § 31-30-3-4 (2014).

[39] Ind. Code § 31-30-3-5 (2014).

[40] Ind. Code 31-30-3-6 (2014).

[41] Ind. Code 31-30-3-1 (2014).

[42] Ind. Code § 31-30-3-1 (2014).

[43] Ind. Code § 35-50-2-2.1 (2014).

[44] Ind. Code § 35-50-2-17 (2014).

[45] Ind. Code § 31-30-4-2(b) (2014).

[46] Ind. Code § 31-30-4-5(b) (2014).

[47] Ind. Code § 31-30-1-2(3) (2014).

[48] Ind. Code § 31-30-1-2(3) (2014)

[49] Ind. Code § 31-30-1-11 (2014).

[50] Ind. Code § 31-37-12-5(4) (2014).

[51] Ind. Code § 31-37-12-5(4) (2014).

[52] Ind. Code § 31-37-19-4 (2014); Ind. Code § 31-37-19-5(b)(3) (2014).

[53] Ind. Code § 31-39-5-1(a) (2014).

[54] Ind. Code § 31-39-5-3 (2014).

[55] Ind. Code § 31-39-5-1(b) (2014).

[56] Ind. Code § 31-39-5-5 (2014).

[57] Ind. Code § 31-39-5-2 (2014).

[58] J.B. v. State, 585 N.E.2d 1197 (Ind.Ct.App. 2007), trans. denied 878 N.E.2d 214.

[59] Ind. Code § 31-39-5-4(a) (2014).

[60] Ind. Code § 31-39-5-6 (2014).

[61] Ind. Code § 31-39-5-7 (2013).

[62] Ind. Code § 31-39-5-4(b) (2014).

[63] Ind. Code § 31-39-3-2 (2014).

[64] Ind. Code § 31-39-3-2(7) (2014).

[65] Ind. Code § 31-39-3-3 (2014).

[66] Ind. Code § 31-39-3-4 (2014).

[67] Ind. Code § 31-39-4-13 (2014).

[68] Ind. Code § 31-39-4-2 (2014).

[69] Ind. Code § 31-39-4-3 (2014).

[70] Ind. Code § 31-39-4-4 (2014).

[71] Ind. Code § 31-39-4-5 (2014).

[72] Ind. Code § 31-39-4-6 (2014). 

[73] Ind. Code § 31-39-4-7 (2014).

[74] Ind. Code § 31-39-4-14 (2014).

[75] Ind. Code § 31-39-4-10(a) (2014).

[76] Ind. Code § 31-39-4-11 (2014).

[77] Ind. Code § 31-39-4-11 (2014).

[78] School notification is required if the child is arrested or taken into custody for allegedly committing an act that would be any of the following crimes if committed by an adult:  murder, attempted murder, voluntary manslaughter, reckless homicide, aggravated battery, battery, kidnapping, a sex crime listed in Ind. Code § 35-42-4-1 through Ind. Code § 35-42-4-8, sexual misconduct with a minor, incest, robbery as a Level 2 or 3 felony, burglary as a Level 1, 2, 3, or 4 felony, carjacking, assisting a criminal as a Level 5 felony, escape as a Level 4 or 5 felony, trafficking with an inmate as a Level 5 felony, causing death when operating a motor vehicle, criminal confinement as a Level 2 or 3 felony, Arson as a Level 2, 3, or 4 felony, possession, use, or manufacture of a weapon of mass destruction, terroristic mischief as a Level 2 or 3 felony, hijacking or disrupting an aircraft, a violation of the controlled explosives statute at Ind. Code § 35-47.5 as a Level 2, 3, or 4 felony, a controlled substance offense under Ind. Code 35-48, and a criminal gang offense under Ind. Code § 35-45-9.  Ind. Code § 31-37-4-3(a) (2014)

[79] Ind. Code § 31-37-4-3(b) (2014).

[80] Ind. Code § 31-37-4-3(c) (2014).

[81] Ind. Code § 31-37-4-3(d) (2014).

[82] Ind. Code § 31-39-4-8(a) (2014).

[83] Ind. Code § 31-39-4-8(a) (2014).

[84] Ind. Code § 31-39-4-8(b) (2014).

[85] Ind. Code § 31-39-4-9 (2014).

[86] Ind. Code § 31-39-4-9(4) (2014).

[87] Ind. Code § 31-39-4-9(1) (2014).

[88] Ind. Code § 31-39-4-(2) (2014).

[89] Ind. Code § 31-39-4-9(3) (2014).

[90] Ind. Code § 31-39-4-12 (2014).

[91] Ind. Code § 31-39-4-12 (2014).

[92] Ind. Code § 31-37-5-6 (2014); Ind. Code § 31-37-6-2 (2014).

[93] Ind. Code § 31-37-8-1(c) (2014); Ind. Code § 31-37-9-1(a) (2014).

[94] Ind. Code § 31-37-10-1 (2014); Ind. Code § 31-37-10-2 (2014).

[95] Ind. R. Trial P. 77 (2014).

[96] Ind. Code § 31-31-10-1 (2014); Ind. Code § 31-31-10-2 (2014).

[97] Ind. Code § 31-39-1-2 (2014).

[98] Ind. Code § 31-39-1-1 (2014).

[99] Ind. Code § 31-39-1-2 (2014).

100] Ind. Code § 31-39-2-15 (2014).

[101] Ind. Code § 31-39-2-8(a) (2014).

[102] Ind. Code § 31-39-2-8(b) (2014).

[103] Ind. Code § 31-39-2-8(c) (2014).

[104] Ind. Code § 35-50-8-1(a) (2014).

[105] Ind. Code § 35-50-8-1(c) (2014).

[106] Ind. Code § 35-50-8-1(d) (2014).

[107]  Ind. Code § 10-13-4-9(b).

[108] Ind. Code § 10-13-4-10(a).

[109] Ind. Code § 10-13-4-10(b).

[110] Ind. Code § 31-39-2-2 (2014).

[111] Ind. Code § 31-39-2-3(a) (2014).

[112] Ind. Code §31-39-2-4 (2014).

[113] Ind. Code § 31-39-2-5 (2014).

[114] Ind. Code § 31-39-2-6(1) (2014).

[115] Ind. Code § 31-39-2-6(2) (2014).

[116] Ind. Code § 31-39-2-7 (2014).

[117] Ind. Code § 31-39-2-6 (2014).

[118] Ind. Code § 31-39-2-6.5 (2014); Ind. Code § 31-39-9-1 (2014).

[119] Ind. Code § 31-39-2-11(1) (2014).

[120] Ind. Code § 31-39-2-11(2) (2014).

[121] Ind. Code § 31-39-2-11(3) (2014).

[122] Ind. Code § 31-39-2-11(4) (2014).

[123] Ind. Code § 31-39-2-12(a) (2014).

[124] Ind. Code § 31-39-2-12(b) (2014).

[125] Ind. Code § 31-39-2-9 (2014).

[126] Ind. Code § 31-39-2-13.8(a) (2014).

[127] Ind. Code § 31-39-2-13.8(b) (2014).

[128] Ind. Code § 31-39-2-13.8(c) (2014).

[129] Ind. Code § 31-39-2-13.8(d) (2014).

[130] Ind. Code § 31-39-2-13(a) (2014).

[131] Ind. Code § 31-39-2-13(b) (2014).

[132] Ind. Code § 31-39-2-10(a) (2014).

[133] Ind. Code § 31-39-2-10(a) (2014).

[134] Ind. Code § 31-39-2-10(b) (2014).

[135] Ind. Code § 31-39-2-14 (2014).

[136] Ind. Code § 31-39-2-14 (2014).

[137] Ind. Code § 31-39-6-1 (2014).

[138] Ind. Code § 31-32-6-3 (2014).

[139] Ind. Code § 31-32-6-2 (2014).

[140] Ind. Code § 31-32-6-4(a) (2014).

[141] Ind. Code § 31-32-6-4(b) (2014).

[142] Ind. Code § 31-32-6-4(c) (2014).

[143] Indiana State Public Defender, About the State Public Defender’s Office, http://www.in.gov/judiciary/defender/.  (Last visited December 3, 2014).

[144] Ind. Code § 31-39-8-2 (2014).

[145] Ind. Code § 31-39-8-3 (2014).

[146] Ind. Code § 31-39-8-5 (2014).

[147] Ind. Code § 31-39-8-6 (2014).

[148] Ind. Code § 31-39-8-7 (2014).

[149] Ind. Code § 31-39-8-7 (2014)

[150] Ind. Code § 31-39-8-7 (2014).

[151] Ind. Code § 31-39-8-7 (2014).

[152] Ind. Code § 31-39-7-1 (2014).

[153] Ind. Code § 31-39-7-2 (2014).

[154] Ind. Code § 10-13-4-23(c) (2014).

[155] Ind. Code § 31-39-2-8(a) (2014).

[156] Indiana Sex and Violent Offender Registry, http://www.icrimewatch.net/indiana.php.  (Last visited December 3, 2014).

[157] Ind. Code § 31-39-2-8(b) (2014).

[158] Ind. Code § 31-39-8-6 (2014).

[159] Ind. Code § 15-1-1.1-2 (2014).

[160] Ind. Code § 31-9-2-22.5 (2014).

[161] Ind. Code § 31-27-4-13(a) (2014).

[162] Ind. Code § 31-27-4-13(b) (2014).

[163] Ind. Code § 31-27-4-13(a) (2014).

[164] Ind. Code § 31-32-3-11(b) (2014).

[165] Ind. Code § 31-19-2-6 (2014).

[166] Ind. Code § 31-19-7-1(b) (2014).

[167] Ind. Code § 31-9-2-22.5 (2014); 42 U.S.C. § 16990 (2014).

[168] Ind. Code § 31-19-2.5-3 (2014).

[169] Ind. Code § 31-19-9-1(a)(3) (2014).

[170] Ind. Code § 31-19-10-1(a) (2014).

[171] Ind. Code § 31-27-4-13 (2014).

[172] Ind. Code § 31-34-20-1.5 (2014).

[173] These offenses include (A) an offense described in: (i) Ind. Code § 35-42-4-1 [Rape]; (ii) Ind. Code § 25-42-4-2 [Criminal Deviate Conduct]; (iii) Ind. Code § 35-42-4-3 as a Level 2 or 4 felony [Child Molesting]; (iv) Ind. Code § 35-42-4-5(a)(1) [Vicarious Sexual Gratification]; (B) an attempt or conspiracy to commit a crime listed in clause (A); or (C) a crime under the laws of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in clauses (A) and (B).  Ind. Code § 29-4-7-7(3) (2014).

[174] Ind. Code § 31-27-4-13 (2014).

[175] Ind. Code § 31-34-20-1.5 (2014); Ind. Code § 31-37-19-6.5(d) (2014).

[176] Ind. Code § 20-33-8-15 (2014).

[177] These include murder, attempted murder, voluntary manslaughter, involuntary manslaughter, aggravated battery, battery, kidnapping, sex crimes listed in Ind. Code § 35-42-4-1 through Ind. Code § 35-42-4-8, sexual misconduct with a minor, incest, robbery as a Level 2 or 3 felony, burglary as a Level 1, 2, 3, or 4 felony, carjacking, assisting a criminal as a Level 5 felony, escape as a Level 4 or 5 felony, trafficking with an inmate as a Level 5 felony, causing death with a motor vehicle, criminal confinement as a Level 2 or 3 felony, arson as a Level 2, 3, or 4 felony, possession, use or manufacture of a weapon of mass destruction, terroristic mischief as a Level 2 or 3 felony,  and hijacking or disrupting an aircraft, a violation of Ind. Code § 35-47.5 [controlled explosives] as a Level 2, 3, or 4 felony, a controlled substance offense under Ind. Code § 35-48, a criminal offense under Ind. Code § 35-45-9.  Ind. Code § 31-37-4-3(a) (2014).

[178] Ind. Code § 31-37-4-3(b) (2014).

[179] Ind. Code § 31-37-4-3(c) (2014).

[180] Ind. Code § 31-37-4-3(d) (2014).

[181] Ind. Code § 35-50-8-1(a) (2014).

[182] Ind. Code § 35-50-8-1(c) (2014).

[183] Ind. Code § 35-50-8-1(d) (2014).

[184] Ind. Code § 31-39-2-13.8(a) (2014).

[185] Ind. Code § 31-39-2-13.8(b) (2014).

[186] Ind. Code § 31-39-2-13.8(c) (2014).

[187] Ind. Code § 31-39-2-13.8(d) (2014).

[188] Ind. Code § 20-33-8-7(a) (2014).

[189] Ind. Code § 20-33-8-16 (2014).

[190] Ind. Code § 20-33-8-3(a) (2014).

[191] Ind. Code § 20-33-8-18(a) (2014).

[192] Ind. Code § 20-33-8-14 (2014).

[193] Ind. Code § 20-33-8-15 (2014).

[194] Ind. Code § 20-33-8-19 (2014).

[195] Ind. Code § 20-33-8-23 (2014).

[196] Ind. Code § 20-33-8-20(a) (2014).

[197] Ind. Code § 20-33-8-16  2014).

[198] Ind. Code § 20-33-8-20(a) (2014).

[199] Ind. Code § 20-33-8-16(d) (2014).

[200] Ind. Code § 20-33-8-16(e) (2014).

[201] Ind. Code § 20-33-8-20(a) (2014).

[202] As defined by Ind. Code § 20-35-1-2 (2014).

[203] 20 U.S.C. § 1415 (2014).

[204] Ind. Code § 20-33-8-34 (2014).

[205] Ind. Code § 20-33-8-19(d) (2014).

[206] Ind. Code § 20-33-8-21 (2014).

[207] Ind. Code § 31-39-8-6 (2014).

[208] Ind. Code § 35-50-8-1(a) (2014).

[209] Ind. Code § 31-37-4-3(b) (2014).

[210] Ind. Code § 21-7-13-32(b) (2014).

[211] 2015-16 Freshman Application for Admission, Indiana University-Bloomington, http://admissions.indiana.edu/doc/apply/iu-freshman-app-2015-16.pdf (Last visited December 3, 2014).

[212] Ind. Code § 21-12-6-6 (2014).

[213]Ind. Code 12-15-1-20.4(a) (2014).

[214] Ind. Code 12-15-1-20.4(b) (2014).

[215] 42 U.S.C. § 13663(a) (2014).

[216] 42 U.S.C. § 13661(a) (2014); 24 C.F.R. § 982.553 (2014).

[217] 42 U.S.C. § 13361(b) (2014).

[218] 42 U.S.C. § 13662 (2014).

[219] 42 U.S.C. § 1437n(f) (2014); 24 C.F.R. § 966.4(1)(iii)(A) (2014).

[220] Ind. Code § 20-33-2-11(a) (2014).

[221] Ind. Code § 20-33-2-11(b)(1) (2014).

[222] Ind. Code § 20-33-2-11(e) (2014).

[223] Ind. Code § 31-37-2-3 (2014).

[224] Ind. Code § 31-37-19-4 (2014).

[225] Ind. Code §§ 20-33-2-28.5(f) - (g) (2014).

[226] Ind. Code § 20-33-2-28.5(h) (2014).

[227] Ind. Code § 31-37-5-7(a) (2014).

[228] Ind. Code § 31-37-5-7(e) (2014).

[229] Ind. Code § 31-37-19-17.3 (2014).

[230] Ind. Code § 7.1-5-7-7 (2014).

[231] Ind. Code § 7.1-5-7-11 (2014).

[232] Ind. Code § 7.1-5-7-10(a) (2014).

[233] Ind. Code § 9-24-18-8(a) (2014).

[234] Ind. Code § 7.1-5-7-1(b) (2014).

[235] Ind. Code § 31-37-19-13 (2014).

[236] Ind. Code § 31-37-19-14 (2014).

[237] Ind. Code § 31-37-19-19 (2014).

[238] Ind. Code § 31-37-19-17 (2014).

[239] Ind. Code § 31-37-19-20 (2014).

[240] Ind. Code § 9-25-6-21 (2014); Ind. Code § 31-37-19-17.2 (2014).

[241] Ind. Code § 11-8-8-4.5 (2014).

[242] Ind. Code § 11-8-8-5 (2014).

[243] Ind. Code § 11-8-8-4.5(b) (2014); Ind. Code § 11-8-8-5(b) (2014).

[244] B.J.B. v. State, 805 N.E.2d 870, 872 (Ind.Ct.App. 2006).

[245] Ind. Code § 11-8-8-4.5(c) (2014); Ind. Code § 11-8-8-5(c) (2014).

[246] In re G.B., 709 N.E.2d 352, 354 (Ind.Ct.App. 1999).

[247] Indiana Sex and Violent Offender Registry, http://www.icrimewatch.net/indiana.php (Last visited December 3, 2014).

[248] Ind. Code § 11-8-8-8 (2013).

[249] Indiana Sex and Violent Offender Registry, http://www.icrimewatch.net/indiana.php.  (Last visited December 3, 2014).

[250] Ind. Code § 11-8-8-19(a) (2014).

[251] Ind. Code § 11-8-8-19(b) (2014); Ind. Code § 35-38-1-7.5 (2014); and Ind. Code § 11-8-8-6 (2014).

[252] Ind. Code § 11-8-8-19(c) (2014).

[253] Ind. Code § 11-8-8-19(d) (2014).

[254] Ind. Code § 11-8-8-19(e) (2014); Ind. Code § 11-8-8-5(a) (2014).

 

Resources/Links

Indiana Department of Education
http://www.doe.in.gov/sservices/juvenile/index.html
Indiana Juvenile Justice Task Force, Inc.
http://www.ijjtf.org
Indiana Criminal Justice Institute Report
http://www.jrsa.org/pubs/juv-justice/reports/indiana-gender-study.pdf
Indiana State Public Defender's Office
http://www.in.gov/judiciary/defender/
Marion County Prosecutor's Office
http://www.indy.gov/eGov/County/pros/Pages/home.aspx