Public-domain · open source
OpenJurist

Ind. Code § 31-32-5-1

Waiver of rights guaranteed to child

Applied in 36 court decisions — leading case 47 Cal. 4th 1152 - People v. Lessie (2010)

Most recently applied in 455 N.J. Super. 492 - STATE OF NEW JERSEY IN THE INTEREST OF A.A. (FJ-09-0118-17, HUDSON COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (July 2018)

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

How often courts cite this section

199720002010201860
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.