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.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 32. Juvenile Law: Juvenile Court Procedures
31-32-5-1. Waiver of Rights Guaranteed to Child
31-32-5-2. Child's Waiver of Right to Meaningful Consultation
31-32-5-3. Admissibility of Excluded Statement for Impeachment Purposes
31-32-5-4. Waiver of Rights During Custodial Interrogation
31-32-5-5. Parent's Waiver of Right to Representation by Counsel