Sec. 4. (a) The juvenile court, after making an ex parte determination that there is probable cause to believe the child is a drug or alcohol abuser (as defined in 440 IAC 4.4-1-1), shall order the child named in the petition to undergo a drug and alcohol assessment. The assessment shall be performed by:

(1) a psychiatrist (as defined in IC 11-10-3-1);

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Terms Used In Indiana Code 31-32-16-4

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Testify: Answer questions in court.
(2) a physician (as defined in IC 12-15-35-12); or

(3) a psychologist with training in drug and alcohol assessment and treatment.

The person who performs the assessment under this section must be different from the person who submitted the affidavit under section 2 of this chapter. If it is determined that involuntary treatment is necessary, the assessment must include a recommended level of care and length of treatment.

     (b) After completion of the assessment, the juvenile court shall conduct a hearing. Each person who performed an assessment must be present and available to testify at the hearing.

As added by P.L.196-2003, SEC.2.

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