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IC 31-30-1-0.1
Application of certain amendments to chapter
Sec. 0.1. The following amendments to this chapter apply as
follows:
(1) The amendments made to section 1 of this chapter by
P.L.217-2001 apply to all proceedings pending under IC 31-34
on July 1, 2001, and to all proceedings commenced under
IC 31-34 after June 30, 2001.
(2) The amendments made to section 2.5 of this chapter by
P.L.131-2009 apply to proceedings pending on or initiated on
or after May 12, 2009.
As added by P.L.220-2011, SEC.508.
IC 31-30-1-0.2
Application of certain amendments to prior law
Sec. 0.2. The amendments made to IC 31-6-2-1.1 (before its
repeal, now codified in this chapter) by P.L.140-1994 apply to crimes
committed after June 30, 1994.
As added by P.L.220-2011, SEC.509.
IC 31-30-1-0.3
Transfer of guardianship matters to juvenile court
Sec. 0.3. On July 1, 2001, all guardianship of the person matters:
(1) that are pending in a court other than a juvenile court; and
(2) over which a juvenile court has exclusive original
jurisdiction under this chapter, as amended by P.L.217-2001;
shall be transferred to the juvenile court. A matter transferred under
this section shall be treated as if it were originally filed in the
juvenile court.
As added by P.L.220-2011, SEC.510.
IC 31-30-1-1
Exclusive original jurisdiction
Sec. 1. A juvenile court has exclusive original jurisdiction, except
as provided in sections 9, 10, 12, and 13 of this chapter, in the
following:
(1) Proceedings in which a child, including a child of divorced
parents, is alleged to be a delinquent child under IC 31-37.
(2) Proceedings in which a child, including a child of divorced
parents, is alleged to be a child in need of services under
IC 31-34.
(3) Proceedings concerning the paternity of a child under
IC 31-14.
IC 31-30-1-2
Applicability of juvenile law to certain offenses
Sec. 2. Except as provided in IC 33-33-45-6 and section 8 of this
chapter, the juvenile law does not apply to the following:
(1) A child who is alleged to have committed a violation of a
statute defining an infraction, except as provided under
IC 7.1-5-7.
(2) A child who is alleged to have committed a violation of an
ordinance.
(3) A child who:
(A) is alleged to have committed an act that would be a
felony if committed by an adult; and
(B) has previously been waived under IC 31-30-3 (or
IC 31-6-2-4 before its repeal) to a court having felony
jurisdiction.
As added by P.L.1-1997, SEC.13. Amended by P.L.98-2004,
SEC.104; P.L.67-2008, SEC.1.
IC 31-30-1-2.5
Persons prohibited from serving as guardian or custodian of a
child
IC 31-30-1-3
IC 31-30-1-4
IC 31-30-1-5
IC 12-26-1-4.
IC 31-30-1-6
IC 31-30-1-7
IC 31-30-1-8
IC 31-30-1-10
IC 31-30-1-11
IC 31-30-1-12
primary jurisdiction and modifies the order.
IC 31-30-1-13
Sec. 2.5. A juvenile court may not appoint a person to serve as the
guardian or custodian of a child or permit a person to continue to
serve as a guardian or custodian of a child if the person:
(1) is a sexually violent predator (as described in
IC 35-38-1-7.5);
(2) was at least eighteen (18) years of age at the time of the
offense and committed child molesting (IC 35-42-4-3) or sexual
misconduct with a minor (IC 35-42-4-9) against a child less
than sixteen (16) years of age:
(A) by using or threatening the use of deadly force;
(B) while armed with a deadly weapon; or
(C) that resulted in serious bodily injury; or
(3) was less than eighteen (18) years of age at the time of the
offense but was tried and convicted as an adult of:
(A) an offense described in:
(i) IC 35-42-4-1;
(ii) IC 35-42-4-2;
(iii) IC 35-42-4-3 as a Class A or Class B felony;
(iv) IC 35-42-4-5(a)(1);
(v) IC 35-42-4-5(a)(2);
(vi) IC 35-42-4-5(a)(3);
(vii) IC 35-42-4-5(b)(1) as a Class A or Class B felony;
(viii) IC 35-42-4-5(b)(2); or
(ix) IC 35-42-4-5(b)(3) as a Class A or Class B felony;
(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).
As added by P.L.139-2006, SEC.3, P.L.140-2006, SEC.18, and
P.L.173-2006, SEC.18. Amended by P.L.131-2009, SEC.38.
Cases involving adults charged with crimes
Sec. 3. A juvenile court has concurrent original jurisdiction in
cases involving adults charged with the crime of:
(1) neglect of a dependent (IC 35-46-1-4);
(2) contributing to delinquency (IC 35-46-1-8);
(3) violating the compulsory school attendance law IC 20-33-2);
(4) criminal confinement of a child (IC 35-42-3-3); or
(5) interference with custody (IC 35-42-3-4).
As added by P.L.1-1997, SEC.13. Amended by P.L.1-2005, SEC.202.
Juvenile court lacks jurisdiction over individuals at least 16 years
of age committing certain felonies; retention of jurisdiction by
court having adult criminal jurisdiction
Sec. 4. (a) The juvenile court does not have jurisdiction over an
individual for an alleged violation of:
(1) IC 35-41-5-1(a) (attempted murder);
(2) IC 35-42-1-1 (murder);
(3) IC 35-42-3-2 (kidnapping);
(4) IC 35-42-4-1 (rape);
(5) IC 35-42-4-2 (criminal deviate conduct);
(6) IC 35-42-5-1 (robbery) if:
(A) the robbery was committed while armed with a deadly
weapon; or
(B) the robbery results in bodily injury or serious bodily
injury;
(7) IC 35-42-5-2 (carjacking);
(8) IC 35-45-9-3 (criminal gang activity);
(9) IC 35-45-9-4 (criminal gang intimidation);
(10) IC 35-47-2-1 (carrying a handgun without a license), if
charged as a felony;
(11) IC 35-47-10 (children and firearms), if charged as a felony;
(12) IC 35-47-5-4.1 (dealing in a sawed-off shotgun); or
(13) any offense that may be joined under IC 35-34-1-9(a)(2)
with any crime listed in subdivisions (1) through (12);
if the individual was at least sixteen (16) years of age at the time of
the alleged violation.
(b) The juvenile court does not have jurisdiction for an alleged
violation of manufacturing or dealing in cocaine or a narcotic drug
(IC 35-48-4-1), dealing in methamphetamine (IC 35-48-4-1.1),
dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2),
or dealing in a schedule IV controlled substance (IC 35-48-4-3), if:
(1) the individual has a prior unrelated conviction under
IC 35-48-4-1, IC 35-48-4-1.1, IC 35-48-4-2, or IC 35-48-4-3; or
(2) the individual has a prior unrelated juvenile adjudication
that, if committed by an adult, would be a crime under
IC 35-48-4-1, IC 35-48-4-1.1, IC 35-48-4-2, or IC 35-48-4-3;
and the individual was at least sixteen (16) years of age at the time
of the alleged violation.
(c) Once an individual described in subsection (a) or (b) has been
charged with any crime listed in subsection (a) or (b), the court
having adult criminal jurisdiction shall retain jurisdiction over the
case even if the individual pleads guilty to or is convicted of a lesser
included offense. A plea of guilty to or a conviction of a lesser
included offense does not vest jurisdiction in the juvenile court.
As added by P.L.1-1997, SEC.13. Amended by P.L.17-2001, SEC.7;
P.L.151-2006, SEC.12; P.L.216-2007, SEC.35; P.L.67-2008, SEC.2.
Concurrent original jurisdiction with probate court
Sec. 5. A juvenile court has concurrent original jurisdiction with
the probate court in the following proceedings:
(1) Proceedings to commit children under IC 12-26.
(2) Proceedings to terminate the parent-child relationship under
IC 31-35.
However, the juvenile court's jurisdiction is limited as described in
As added by P.L.1-1997, SEC.13.
Probate court jurisdiction over guardianship of person less than 18
years of age; additional proceedings
Sec. 6. (a) Subject to subsections (b) and (c), this article does not
prohibit a probate court from exercising its jurisdiction over
guardianship of a person who is less than eighteen (18) years of age.
(b) If allegations in the petition for guardianship or allegations
produced at guardianship proceedings indicate that the person for
whom the guardianship is requested meets the definition of a child
in need of services under IC 31-34-1, the probate court on its own
motion or at the request of a party shall:
(1) send the petition for guardianship or the record of
guardianship to the department of child services; and
(2) direct the department of child services to initiate an
assessment to determine whether the person for whom the
guardianship is requested is a child in need of services.
(c) The probate court retains jurisdiction over the matter until the
juvenile court authorizes the filing of a petition under IC 31-34-9.
(d) If a juvenile court:
(1) issues an order establishing or modifying a guardianship of
a minor; and
(2) requests additional proceedings regarding the guardianship
of the minor;
the probate court that retains jurisdiction over the case or another
appropriate court shall conduct additional proceedings.
As added by P.L.1-1997, SEC.13. Amended by P.L.145-2006,
SEC.275; P.L.162-2011, SEC.40.
Juveniles tried as adults
Sec. 7. A juvenile court has concurrent original jurisdiction in
cases involving individuals who are subject to prosecution under
IC 14-15-10-3.
As added by P.L.1-1997, SEC.13.
Exclusive jurisdiction of juvenile division of Marion superior court
Sec. 8. The juvenile division of the Marion superior court
established under IC 33-33-49 has exclusive jurisdiction over a child
who:
(1) has been taken into custody in Marion County; and
(2) has allegedly committed an act that would be a
misdemeanor traffic offense if committed by an adult.
As added by P.L.1-1997, SEC.13. Amended by P.L.98-2004,
SEC.105.
Concurrent original jurisdiction of act that would be murder or
felony by child who left Indiana; transfer following extradition
Sec. 9. (a) A court having felony jurisdiction has concurrent
original jurisdiction with the juvenile court if there is probable cause
to believe that:
(1) a child has committed an act that would be murder or a
felony if committed by an adult;
(2) the child has left Indiana; and
(3) the state cannot obtain jurisdiction over the child in any
other lawful manner except under the proceedings authorized
for the extradition of alleged felons.
(b) Upon the return of any child under the criminal extradition
law, the court having felony jurisdiction shall immediately transfer
the child to the juvenile court under section 11 of this chapter.
As added by P.L.1-1997, SEC.13.
Paternity proceedings to enforce support
Sec. 10. A circuit court has concurrent original jurisdiction with
the juvenile court, including the probate court described in
IC 33-31-1-9(b), for the purpose of establishing the paternity of a
child in a proceeding under:
(1) IC 31-18;
(2) IC 31-1.5 (before its repeal); or
(3) IC 31-2-1 (before its repeal);
to enforce a duty of support.
As added by P.L.1-1997, SEC.13. Amended by P.L.98-2004,
SEC.106.
Transfer from court having criminal jurisdiction; release on
recognizance; detention
Sec. 11. (a) Except as provided in section 9 of this chapter, if a
court having criminal jurisdiction determines that a defendant is
alleged to have committed a crime before the defendant is eighteen
(18) years of age, the court shall immediately transfer the case,
together with certified copies of all papers, documents, and
testimony, to the juvenile court. The juvenile court shall proceed as
if it had received a referral under IC 31-37-8.
(b) The court having criminal jurisdiction shall release the child
on the child's own recognizance or to the child's parent, guardian, or
custodian upon that person's written promise to bring the child before
the juvenile court at a specified time. However, the court may order
the child detained if the court finds probable cause to believe that the
child committed an act that would be a crime if committed by an
adult and that:
(1) the child is unlikely to appear before the juvenile court for
subsequent proceedings;
(2) detention is essential to protect the child or the community;
(3) the parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child; or
(4) the child has a reasonable basis for requesting that he or she
not be released.
If the child is detained for a reason specified by subdivision (3) or
(4), the child must be detained in accordance with IC 31-37-7-1.
(c) If the child is not released, the child shall be delivered to a
place designated by the juvenile court. The court having criminal
jurisdiction shall promptly notify the child's parent, guardian, or
custodian and an intake officer of where the child is being held and
the reasons for the child's detention.
(d) A child transferred to the juvenile court under this section (or
IC 31-6-2-2 before its repeal) may not be released on bail.
As added by P.L.1-1997, SEC.13.
Jurisdiction of child custody, parenting time, or child support
proceeding in marriage dissolution; survival of order
Sec. 12. (a) Subject to subsection (b), a court having jurisdiction
under IC 31-17-2 of a child custody, parenting time, or child support
proceeding in a marriage dissolution has concurrent original
jurisdiction with the juvenile court for the purpose of modifying
custody of a child who is under the jurisdiction of the juvenile court
because:
(1) the child is the subject of a child in need of services
proceeding;
(2) the child is the subject of a juvenile delinquency proceeding
that does not involve an act described under IC 31-37-1-2; or
(3) the child is the subject of a paternity proceeding.
(b) Whenever the court having child custody jurisdiction under
IC 31-17-2 in a marriage dissolution modifies child custody as
provided by this section, the modification is effective only when the
juvenile court:
(1) enters an order approving the child custody modification; or
(2) terminates the child in need of services proceeding, the
juvenile delinquency proceeding, or the paternity proceeding.
(c) If a juvenile court:
(1) modifies child custody, child support, or parenting time; and
(2) terminates a child in need of services proceeding or a
juvenile delinquency proceeding regarding the child;
the court having concurrent original jurisdiction under subsection (a)
shall assume or reassume primary jurisdiction of the case to address
all issues.
(d) A court that assumes or reassumes jurisdiction of a case under
subsection (c) may modify child custody, child support, or parenting
time in accordance with applicable modification statutes.
(e) An order modifying child custody, child support, or parenting
time issued under this section survives the termination of the child in
need of services proceeding or the juvenile delinquency proceeding
until the court having concurrent or original jurisdiction assumes
As added by P.L.164-1999, SEC.2. Amended by P.L.162-2011,
SEC.41.
Jurisdiction of child custody proceeding in paternity proceeding;
paternity of child; survival of order
Sec. 13. (a) Subject to subsection (b), a court having jurisdiction
under IC 31-14 of a child custody proceeding in a paternity
proceeding has concurrent original jurisdiction with another juvenile
court for the purpose of modifying custody of a child who is under
the jurisdiction of the other juvenile court because:
(1) the child is the subject of a child in need of services
proceeding; or
(2) the child is the subject of a juvenile delinquency proceeding
that does not involve an act described under IC 31-37-1-2.
(b) Whenever the court having child custody jurisdiction under
IC 31-14 in a paternity proceeding modifies child custody as
provided by this section, the modification is effective only when the
juvenile court with jurisdiction over the child in need of services
proceeding or juvenile delinquency proceeding:
(1) enters an order approving the child custody modification; or
(2) terminates the child in need of services proceeding or the
juvenile delinquency proceeding.
(c) If a juvenile court:
(1) establishes or modifies paternity of a child; and
(2) terminates a child in need of services proceeding or a
juvenile delinquency proceeding regarding the child;
the court having concurrent original jurisdiction under subsection (a)
shall assume or reassume primary jurisdiction of the case to address
all other issues.
(d) An order establishing or modifying paternity of a child by a
juvenile court survives the termination of the child in need of
services proceeding or the juvenile delinquency proceeding.
As added by P.L.164-1999, SEC.3. Amended by P.L.162-2011,
SEC.42.