Indiana Code
Ind. Code § 31-32-5-1 (2026)
Waiver of rights guaranteed to child
✓ current as of May 2026
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.
Notes of Decisions
Cited in 84
cases (8 in the last 5 years), 1997–2026 · leading case: J.L. v. State of Indiana, 5 N.E.3d 431 (Ind. Ct. App. 2014).
J.L. v. State of Indiana, 5 N.E.3d 431 (Ind. Ct. App. 2014). “’s waiver of rights was proper, which is governed by Ind. Code § 31-32-5-1 and which provides: 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: ***** (2) by the child’s…”
Gregory Kirk v. State of Indiana, 974 N.E.2d 1059 (Ind. Ct. App. 2012). “was only sixteen-years old, he was not informed of his rights under Indiana Code section 31-32-5-1, which pertains to a juvenile’s waiver of his right against self-incrimination.”
K.F. v. State, 961 N.E.2d 501 (Ind. Ct. App. 2012). “as the victim of the crimes and that Mother “does not fit neatly the requirements of Indiana Code § 31-32-5-1 [.]” State’s Br.”
D.M. v. State, 949 N.E.2d 327 (Ind. 2011). “Acts 1196 , 1232 (codified as amended at I.C. § 31-32-5-1). The current statute provides, in relevant part, that any of a juvenile’s rights under the federal or state constitutions, or under any other law, may be waived only: (2) by the child’s custodial parent, guardian,…”
R.R. v. State of Indiana, 93 N.E.3d 768 (Ind. Ct. App. 2018). “argues that under the juvenile waiver statute, Indiana Code Section 31-32-5-1, he could not validly waive that right because he was not emancipated.”
B.A. v. State, 100 N.E.3d 225 (Ind. 2018). “moved to suppress the evidence from his interview, arguing that he was entitled to Miranda warnings since he was under custodial interrogation and that officers failed to secure waiver of his Miranda rights under Indiana's juvenile waiver statute.”
N.B. v. State of Indiana, 971 N.E.2d 1247 (Ind. Ct. App. 2012). “Indiana Code section 31-32-5-1 provides, in relevant part, as follows: 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: [[Image here]] (2) by the child’s custodial parent,…”
Callis v. State, 684 N.E.2d 233 (Ind. Ct. App. 1997). “He contends that the forms signed by his mother and himself were not valid waivers of his rights and did not comply with Indiana’s juvenile waiver statute, Ind. Code § 31-32-5-1 (formerly Ind.Code § 31-6-7-3).”
J.K. v. State of Indiana, 8 N.E.3d 222 (Ind. Ct. App. 2014). “’s mother would not comply with Indiana Code section 31-32-5-1, which sets out requirements for a valid waiver of a child’s constitutional rights.”
Stewart v. State, 754 N.E.2d 492 (Ind. 2001). “" However, that definition is not dispositive here because, by its terms, the definition applies only to certain listed statutes, and section 31-32-5-1 is not among them. 2 In addition, Indiana Code section 31-14-13-1, a part of the laws addressing "Establish ment of Paternity,"…”
DM v. State, 949 N.E.2d 327 (Ind. 2011). “The current statute provides, in relevant part, that any of a juvenile's rights under the federal or state constitutions, or under any other law, may be waived only: (2) by the child's custodial parent, guardian, custodian, or guardian ad litem if: (A) that person knowingly and…”
Cherrone v. State, 726 N.E.2d 251 (Ind. 2000). “Indiana Code § 31-32-5-1 sets forth specific requirements necessary for a valid waiver of state or federal constitutional rights in cases involving a juvenile.”
Ind. Code § 31-32-5-1(1): 2 cases
T D v. State of Indiana, No. 23S-JV-00110 (Ind. Oct. 6, 2023).
D W v. State of Indiana, No. 25S-JV-00190 (Ind. July 23, 2025).
Ind. Code § 31-32-5-1(1)(C): 1 case
AA v. State, 706 N.E.2d 259 (Ind. Ct. App. 1999).
Ind. Code § 31-32-5-1(2): 12 cases
D.M. v. State, 949 N.E.2d 327 (Ind. 2011). “Acts 1196 , 1232 (codified as amended at I.C. § 31-32-5-1). The current statute provides, in relevant part, that any of a juvenile’s rights under the federal or state constitutions, or under any other law, may be waived only: (2) by the child’s custodial parent, guardian,…”
K.F. v. State, 961 N.E.2d 501 (Ind. Ct. App. 2012). “as the victim of the crimes and that Mother “does not fit neatly the requirements of Indiana Code § 31-32-5-1 [.]” State’s Br.”
DM v. State, 949 N.E.2d 327 (Ind. 2011). “The current statute provides, in relevant part, that any of a juvenile's rights under the federal or state constitutions, or under any other law, may be waived only: (2) by the child's custodial parent, guardian, custodian, or guardian ad litem if: (A) that person knowingly and…”
R.W. v. State of Indiana, 975 N.E.2d 407 (Ind. Ct. App. 2012).
N.B. v. State of Indiana, 971 N.E.2d 1247 (Ind. Ct. App. 2012). “Indiana Code section 31-32-5-1 provides, in relevant part, as follows: 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: [[Image here]] (2) by the child’s custodial parent,…”
Ind. Code § 31-32-5-1(2)(A): 1 case
DM v. State, 949 N.E.2d 327 (Ind. 2011). “The current statute provides, in relevant part, that any of a juvenile's rights under the federal or state constitutions, or under any other law, may be waived only: (2) by the child's custodial parent, guardian, custodian, or guardian ad litem if: (A) that person knowingly and…”
Ind. Code § 31-32-5-1(2)(B): 1 case
J Q R v. State of Indiana, 252 N.E.3d 919 (Ind. 2025).
Ind. Code § 31-32-5-1(2010): 1 case
N.B. v. State of Indiana, 971 N.E.2d 1247 (Ind. Ct. App. 2012). “Indiana Code section 31-32-5-1 provides, in relevant part, as follows: 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: [[Image here]] (2) by the child’s custodial parent,…”
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