CHAPTER 5. WAIVER OF RIGHTS

IC 31-32-5
    Chapter 5. Waiver of Rights

IC 31-32-5-1
Waiver of rights guaranteed to child
    Sec. 1. Any rights guaranteed to a child under the Constitution ofthe United States, the Constitution of the State of Indiana, or anyother law may be waived only:
        (1) by counsel retained or appointed to represent the child if thechild knowingly and voluntarily joins with the waiver;
        (2) by the child's custodial parent, guardian, custodian, orguardian 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 thatperson and the child; and
            (D) the child knowingly and voluntarily joins with thewaiver; 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 thewaiver; and
            (B) the child has been emancipated under IC 31-34-20-6 orIC 31-37-19-27, by virtue of having married, or inaccordance with the laws of another state or jurisdiction.
As added by P.L.1-1997, SEC.15.

IC 31-32-5-2
Child's waiver of right to meaningful consultation
    Sec. 2. The child may waive the child's right to meaningfulconsultation under section 1(2)(C) of this chapter if:
        (1) the child is informed of that right;
        (2) the child's waiver is made in the presence of the child'scustodial parent, guardian, custodian, guardian ad litem, orattorney; and
        (3) the waiver is made knowingly and voluntarily.
As added by P.L.1-1997, SEC.15.

IC 31-32-5-3
Admissibility of excluded statement for impeachment purposes
    Sec. 3. If:
        (1) a statement made knowingly and voluntarily cannot beadmitted as evidence against a child because of failure to meetthe requirements of section 1 of this chapter; and
        (2) the child testifies in the child's own defense;
the statement may be admitted to impeach the child as a witness inthe same manner as evidence of any other prior inconsistentstatement can be admitted for impeachment.
As added by P.L.1-1997, SEC.15.
IC 31-32-5-4
Waiver of rights during custodial interrogation
    Sec. 4. In determining whether any waiver of rights duringcustodial interrogation was made knowingly and voluntarily, thejuvenile court shall consider all the circumstances of the waiver,including the following:
        (1) The child's physical, mental, and emotional maturity.
        (2) Whether the child or the child's parent, guardian, custodian,or attorney understood the consequences of the child'sstatements.
        (3) Whether the child and the child's parent, guardian, orcustodian had been informed of the delinquent act with whichthe child was charged or of which the child was suspected.
        (4) The length of time the child was held in custody beforeconsulting with the child's parent, guardian, or custodian.
        (5) Whether there was any coercion, force, or inducement.
        (6) Whether the child and the child's parent, guardian, orcustodian had been advised of the child's right to remain silentand to the appointment of counsel.
As added by P.L.1-1997, SEC.15.

IC 31-32-5-5
Parent's waiver of right to representation by counsel
    Sec. 5. A parent who is entitled to representation by counsel maywaive that right if the parent does so knowingly and voluntarily.
As added by P.L.1-1997, SEC.15.

IC 31-32-5-6
Waiver of service of summons
    Sec. 6. Any person other than the child may waive service ofsummons if the person does so in writing.
As added by P.L.1-1997, SEC.15.

IC 31-32-5-7
Waiver of right of parent, guardian, or custodian to be present athearing concerning child
    Sec. 7. The right of a parent, guardian, or custodian to be presentat any hearing concerning the person's child is waived by the person'sfailure to appear after lawful notice.
As added by P.L.1-1997, SEC.15.