Sec. 2. (a) If:
(1) a child is in detention; and
(2) a petition has been filed;
a fact-finding hearing or a waiver hearing must be commenced not later
than twenty (20) days, excluding Saturdays, Sundays, and legal
holidays, after the petition is filed.
(b) If:
(1) a child is not in detention; and
(2) a petition has been filed;
the hearing must be commenced not later than sixty (60) days,
excluding Saturdays, Sundays, and legal holidays, after the petition is
filed.
(c) A child who is ordered detained in the home of the child's
parent, guardian, or custodian or who is subject to other conditions of
release under IC 31-37-6-6 may not be considered as being detained for
purposes of this section.
[Pre-1997 Recodification Citation: 31-6-7-6(b).]
As added by P.L.1-1997, SEC.20. Amended by P.L.188-1999,
SEC.3.
Notes of Decisions
A.S. v. State, 929 N.E.2d 881 (Ind. Ct. App. 2010).
· cites it 10× “See Ind.Code § 31-37-11-2(a) (providing juvenile in detention must have final hearing within twenty days of delinquency petition filing).”
B.T.E. v. State of Indiana, 82 N.E.3d 267 (Ind. Ct. App. 2017).
· cites it 18× “’s motion to dismiss based upon Ind. Code § 31-37-11-2 ; and II. Whether the evidence is sufficient to support the juvenile court’s true findings that B.”
B.T.E. v. State of Indiana, 108 N.E.3d 322 (Ind. 2018).
· cites it 2× “of a speedy hearing under Indiana Code section 31-37-11-2, and that there was sufficient evidence to support the juvenile court's finding of conspiracy to commit aggravated battery.”
C.L.Y. v. State, 816 N.E.2d 894 (Ind. Ct. App. 2004).
· cites it 10× “On June 12, 2008, the trial court held a detention hearing at which the parties discussed the implications of the discovery problem with regard to Indiana Code § 31-37-11-2, which requires the trial court to hold a fact-finding hearing within twenty days of the filing of a…”
CLY v. State, 816 N.E.2d 894 (Ind. Ct. App. 2004).
· cites it 10× “On June 12, 2003, the trial court held a detention hearing at which the parties discussed the implications of the discovery problem with regard to Indiana Code § 31-37-11-2, which requires the trial court to hold a fact-finding hearing within twenty days of the filing of a…”
A.K. v. State, 915 N.E.2d 554 (Ind. Ct. App. 2009).
· cites it 6× “Indeed, our supreme court has noted that failure to meet the twenty-day deadline for a juvenile in detention found in Ind.Code § 31-37-11-2(a) results in neither dismissal of the charges nor in loss of jurisdiction by the juvenile court, as there is nothing in the statute that…”
L. W. v. State, 798 N.E.2d 904 (Ind. Ct. App. 2003).
· cites it 4× “Here, Indiana Code section 31-37-11-2 is not even at issue inasmuch as L.”
J.D. v. State, 909 N.E.2d 1035 (Ind. Ct. App. 2009).
· cites it 3× “claims that the trial court erred in denying his motion to dismiss the charges against him, arguing that his hearing was set beyond the time limits set forth in Indiana Code section 31-37-11-2 (2008) ("Section 2"), which provides in relevant part: (a) If: (1) a child is in…”
K.G. v. State of Indiana, 67 N.E.3d 1147 (Ind. Ct. App. 2017).
· cites it 4× “The State does not dispute the fact that the hearing was held more than sixty days (excluding weekends and legal holidays) after the filing of the delinquency petition on January 4, 2016.”
LW v. State, 798 N.E.2d 904 (Ind. Ct. App. 2003).
· cites it 10× “Our supreme court succinctly stated the matter at issue: [T]he question becomes whether the informal home detention qualifies as detention for purposes of § 31-37-11-2. If so, then the court was required to hold the fact-finding hearing to be held within twenty days as required…”
AK v. State, 915 N.E.2d 554 (Ind. Ct. App. 2009).
· cites it 10× “Indeed, our supreme court has noted that failure to meet the twenty-day deadline for a juvenile in detention found in Ind.Code § 31-37-11-2(a) results in neither dismissal of the charges nor in loss of jurisdiction by the juvenile court, as there is nothing in the statute that…”
Ind. Code § 31-37-11-2(a): 6 cases
A.S. v. State, 929 N.E.2d 881 (Ind. Ct. App. 2010).
“See Ind.Code § 31-37-11-2(a) (providing juvenile in detention must have final hearing within twenty days of delinquency petition filing).”
A.K. v. State, 915 N.E.2d 554 (Ind. Ct. App. 2009).
“Indeed, our supreme court has noted that failure to meet the twenty-day deadline for a juvenile in detention found in Ind.Code § 31-37-11-2(a) results in neither dismissal of the charges nor in loss of jurisdiction by the juvenile court, as there is nothing in the statute that…”
LW v. State, 798 N.E.2d 904 (Ind. Ct. App. 2003).
“Our supreme court succinctly stated the matter at issue: [T]he question becomes whether the informal home detention qualifies as detention for purposes of § 31-37-11-2. If so, then the court was required to hold the fact-finding hearing to be held within twenty days as required…”
AK v. State, 915 N.E.2d 554 (Ind. Ct. App. 2009).
“Indeed, our supreme court has noted that failure to meet the twenty-day deadline for a juvenile in detention found in Ind.Code § 31-37-11-2(a) results in neither dismissal of the charges nor in loss of jurisdiction by the juvenile court, as there is nothing in the statute that…”
Ind. Code § 31-37-11-2(b): 6 cases
A.S. v. State, 929 N.E.2d 881 (Ind. Ct. App. 2010).
“See Ind.Code § 31-37-11-2(a) (providing juvenile in detention must have final hearing within twenty days of delinquency petition filing).”
B.T.E. v. State of Indiana, 82 N.E.3d 267 (Ind. Ct. App. 2017).
“’s motion to dismiss based upon Ind. Code § 31-37-11-2 ; and II. Whether the evidence is sufficient to support the juvenile court’s true findings that B.”
A.K. v. State, 915 N.E.2d 554 (Ind. Ct. App. 2009).
“Indeed, our supreme court has noted that failure to meet the twenty-day deadline for a juvenile in detention found in Ind.Code § 31-37-11-2(a) results in neither dismissal of the charges nor in loss of jurisdiction by the juvenile court, as there is nothing in the statute that…”
K.G. v. State of Indiana, 67 N.E.3d 1147 (Ind. Ct. App. 2017).
“The State does not dispute the fact that the hearing was held more than sixty days (excluding weekends and legal holidays) after the filing of the delinquency petition on January 4, 2016.”
Ind. Code § 31-37-11-2(c): 2 cases
J.D. v. State, 909 N.E.2d 1035 (Ind. Ct. App. 2009).
“claims that the trial court erred in denying his motion to dismiss the charges against him, arguing that his hearing was set beyond the time limits set forth in Indiana Code section 31-37-11-2 (2008) ("Section 2"), which provides in relevant part: (a) If: (1) a child is in…”
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