Indiana Code 31-32-5-4. Waiver of rights during custodial interrogation
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Sec. 4. In determining whether any waiver of rights during custodial interrogation was made knowingly and voluntarily, the juvenile court shall consider all the circumstances of the waiver, including the following:
(2) Whether the child or the child’s parent, guardian, custodian, or attorney understood the consequences of the child’s statements.
(1) The child’s physical, mental, and emotional maturity.
Terms Used In Indiana Code 31-32-5-4
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(3) Whether the child and the child’s parent, guardian, or custodian had been informed of the delinquent act with which the child was charged or of which the child was suspected.
(4) The length of time the child was held in custody before consulting 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, or custodian had been advised of the child’s right to remain silent and to the appointment of counsel.
[Pre-1997 Recodification Citation: 31-6-7-3(d).]
As added by P.L.1-1997, SEC.15.