(1) A case shall be set for the Arraignment Calendar on the judicial day after it is filed if the juvenile is in detention on that case, and within two weeks of filing in other cases.
(2) Parties shall be present at Court for the arraignment at a time designated in the summons. Absent permission of the court, upon a finding of good cause, a respondent may not waive arraignment, if he or she has not appeared in court on the scheduled date. A waiver of arraignment shall be signed by the juvenile, or the juvenile’s counsel, with the permission of the juvenile, and the prosecuting attorney and shall substitute for an in-court arraignment. The waiver shall be on the form adopted by the court. In lieu of accepting a waiver of arraignment, the court may continue arraignment for the presence of the respondent. Examples of good cause for failure to appear at arraignment include:
(A) the juvenile is in custody in a state or out-of-county detention facility;
(B) the juvenile is in a residential treatment program and it is against treatment recommendations to attend court;
(C) the juvenile resides out of state or more than one hundred miles from Court.
(3) An in court appearance by the juvenile and counsel is required, unless waived by the Court pursuant to (2)(A)(B)(C) for all cases in which the crime charged is a felony or for a gross misdemeanor or misdemeanor alleged to involve domestic violence (including violation of a domestic violence protection or no contact order), a sex offense, including any offense filed with an allegation of sexual motivation, a prostitution-related offense or any offense involving allegations of animal cruelty. Even if a case would otherwise qualify for an arraignment waiver, a juvenile who is seeking to waive speedy trial must appear in court for formal arraignment.
(4) Absent court direction to the contrary, the respondent may waive formal arraignment for all cases not specified in (3) of this rule, unless the prosecuting attorney, juvenile probation counselor, parent or other responsible adult requests that the arraignment occur in court.
[Amended September 1, 1981; amended effective September 1, 1983; February 24, 2000; September 1, 2011; September 2, 2014; September 1, 2021.]