Section 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: (4) treatment; provided by or under the direction of an evaluator, as defined in IC 31-9-2-43.8, 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.