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Local Juvenile Rules
- LR29-JV00-801. ASSIGNMENT OF JUVENILE CASE NUMBERS
- LR29-JV00-802. ACCESS CONFIDENTIAL JUVENILE RECORDS
- LR29-JV00-803. JUVENILE DETENTION, RELEASE AND SUPERVISION
LR29-JV00-801. ASSIGNMENT OF JUVENILE CASE NUMBERS
801.10 The Hamilton County Criminal Random Filing Rule (LR29-CR00-303) does not apply to juvenile cases. It is therefore necessary to establish assignment of Juvenile Delinquency and Juvenile Status Offense causes.
801.20 The Clerk of the Court shall assign cause numbers for new filings of all JS, JD, JM, and JQ case types to Hamilton Circuit Court and Hamilton Superior Court No. 1.
801.30 The Clerk shall file all cases involving juveniles with last names beginning with the letters A - K in Hamilton County Superior Court No. 1 and cases involving juveniles with last names beginning L-Z shall be filed in Hamilton Circuit Court.
801.40 The Clerk of the Court shall file all cases involving juvenile cases now filed in such court.
801.50 The designation of the Clerk concerning the proper court in which to file a cause shall take precedence over the designation of any other entity or individual, except upon specific order entered by the Judge of Hamilton Circuit Court or Hamilton Superior Court No. 1.
801.60 When a motion is filed requesting a joinder of juvenile cases because of such cases being related in subject matter or by individuals, the Court may, after finding probable cause, order such cases joined and the cases may be filed in one court regardless of the first initial of their name for the sake of judicial economy.
801.70 When a Judge disqualifies or recuses from a juvenile case, the Clerk shall reassign to another court pursuant to this rule. When the disqualification or recusal is by the Judge of the Hamilton Circuit Court, the Clerk shall reassign such case to the Hamilton Superior Court No. 1. Upon disqualification or recusal of Hamilton Superior Court No. 1, the Clerk shall reassign such case to the Hamilton Circuit Court.
801.80 In the event the above reassignment is not permitted and a subsequent reassignment is required, said case reassignment shall be achieved by obtaining a new court assignment from the remaining Hamilton County Courts using a random assignment procedure.
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LR29-JV00-802. ACCESS CONFIDENTIAL JUVENILE RECORDS
802.10 The Circuit and Superior Courts of Hamilton County find that in order to facilitate effective legal representation of juveniles, it is necessary that confidential juvenile records be made accessible as follows:
- All persons permitted access pursuant to statute; and
- Paralegals and employees of the juvenile's attorney of record may have access to such juvenile files if they are acting at the direction of and under the control of such attorney of record. Written documentation may be required by the clerk before such paralegal or employee may have access to such juvenile files.
LR29-JV00-803. JUVENILE DETENTION, RELEASE, AND SUPERVISION
803.10 JUVENILE DETENTION. Hamilton County’s Juvenile Program (the “Program”) shall operate under the authority the Circuit and Superior Courts of Hamilton County with day-to-day operations supervised by the Director of Probation Services who shall report to the judges of those courts. The Program shall include those persons acting under the Director’s authority or direction. The purpose of the Program shall be to assess the risk posed by the release of juveniles brought to the Hamilton County Juvenile Services Center for possible detention on a delinquency or status offense allegation, and as deemed necessary to supervise those who are released under the authority of the Program. The Hamilton County Courts grant the Program the authority to perform the following duties:
- Conduct Assessments: Each juvenile brought to the Hamilton County Juvenile Services Center for possible detention on a delinquency or status offense allegation, shall be assessed as to his/her risk for failure to appear, risk of re-offending, and risk of potential harm to the community or to self if released from detention. The safety of the community shall be paramount, but given this priority, the Program shall attempt to maximize release without unnecessary delay. The Program shall utilize at least one screening tool approved by the Hamilton County Committee of the Indiana Juvenile Detention Alternative Initiative for this purpose and such other instruments as may be approved and required by the judges of the Circuit and Superior Courts of Hamilton County.
- Release or Alternative Placement: The Program has the authority to have a Juvenile who is or may be detained in the Juvenile Secure Detention to be released therefrom or transferred to an approved alternative placement, such as a Shelter Care/Non-Secure Unit.
- Supervision Program: Juveniles approved for release from detention shall be under the supervision of the Program. The Program shall utilize means of supervision approved by the judges of the Circuit and Superior courts that are consistent with the assessed risk level of the juvenile and shall have the authority to increase or decrease supervision requirements as appropriate.
803.20 RELEASE: All releases are subject to the following condition: Juvenile shall appear in court at all times required by the Court.
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