1. (a) This section applies only to a court ordered or voluntary mental health:

   1. (1) screening;
   2. (2) assessment;
   3. (3) evaluation; or

   4. (4) treatment;

      provided by or under the direction of an evaluator, as defined in IC 31-9-2.1-90 , in conjunction with proceedings under this chapter.

2. (b) Notwithstanding section 4(5) of this chapter and except as provided in subsection (d) and except for purposes of:

   1. (1) a probation revocation proceeding; or

   2. (2) a modification of a dispositional decree under IC 31-37-22 ;

      a statement communicated to an evaluator in the evaluator's official capacity may not be admitted as evidence against the child on the issue of whether the child committed a delinquent act or a crime.

3. (c) This section does not affect the admissibility of evidence when a juvenile interposes the defense of insanity.

4. (d) This section does not affect a disclosure or reporting requirement in effect on July 1, 2007, under statute or in case law regarding a statement that:

   1. (1) relates directly to the facts or immediate circumstances of a homicide; or
   2. (2) reveals that the child may intend to commit a crime.

As added by P.L.120-2007, SEC.4. Amended by P.L.145-2026, SEC.212.