Ind. Code § 31-37-8-4.5
Privileged communication to a mental health evaluator; exceptions
(a) This section applies only to a court ordered or voluntary mental health:
- (1) screening;
- (2) assessment;
- (3) evaluation; or
(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.
(b) Notwithstanding section 4(5) of this chapter and except as provided in subsection (d) and except for purposes of:
- (1) a probation revocation proceeding; or
(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.
- (c) This section does not affect the admissibility of evidence when a juvenile interposes the defense of insanity.
(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) relates directly to the facts or immediate circumstances of a homicide; or
- (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.