LegalFix
Sign In

31-32-5-1. Waiver of rights guaranteed to child

IN Code § 31-32-5-1 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

Sec. 1. Any rights guaranteed to a child under the Constitution of the United States, the Constitution of the State of Indiana, or any other law may be waived only:

(1) by counsel retained or appointed to represent the child if the child knowingly and voluntarily joins with the waiver;

(2) by the child's custodial parent, guardian, custodian, or guardian ad litem if:

(A) that person knowingly and voluntarily waives the right;

(B) that person has no interest adverse to the child;

(C) meaningful consultation has occurred between that person and the child; and

(D) the child knowingly and voluntarily joins with the waiver; or

(3) by the child, without the presence of a custodial parent, guardian, or guardian ad litem, if:

(A) the child knowingly and voluntarily consents to the waiver; and

(B) the child has been emancipated under IC 31-34-20-6 or IC 31-37-19-27, by virtue of having married, or in accordance with the laws of another state or jurisdiction.

[Pre-1997 Recodification Citation: 31-6-7-3(a).]

As added by P.L.1-1997, SEC.15.

No previous sections
Next Section
31-32-5-2. Child's waiver of right to meaningful consultation