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IC 31-32-5-1
Waiver of rights guaranteed to child
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.
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 meaningful
consultation 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's
custodial parent, guardian, custodian, guardian ad litem, or
attorney; 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 be
admitted as evidence against a child because of failure to meet
the 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 in
the same manner as evidence of any other prior inconsistent
statement can be admitted for impeachment.
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 may
waive 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 of
summons 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 at
hearing concerning child
Sec. 7. The right of a parent, guardian, or custodian to be present
at any hearing concerning the person's child is waived by the person's
failure to appear after lawful notice.
As added by P.L.1-1997, SEC.15.