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:
(1) The child's physical, mental, and emotional maturity.
(2) Whether the child or the child's parent, guardian, custodian, or
attorney understood the consequences of the child's statements.
(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.
Notes of Decisions
Cited in
14
cases (
2 in the last 5 years), 2000–2025 · 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).
· cites it 4× “I.C. § 31-32-5-4; see also Michael C., 442 U.”
Hall v. State, 870 N.E.2d 449 (Ind. Ct. App. 2007).
· cites it 2× “Indiana Code § 31-32-5-4 provides that a review of the totality of the circumstances in juvenile cases is to include consideration of the child’s physical, mental, and emotional maturity; whether the child or parent understood the consequences of the child’s statements; whether…”
Estrada v. State, 969 N.E.2d 1032 (Ind. Ct. App. 2012).
· cites it 2× “Indiana Code section 31-32-5-4 (1997) directs a juvenile court to consider all the circumstances of the waiver to determine whether it was made knowingly and voluntarily: In determining whether any waiver of rights during custodial interrogation was made knowingly and…”
Cherrone v. State, 726 N.E.2d 251 (Ind. 2000).
· cites it 2× “Indiana Code § 31-32-5-4 provides that a review of the totality of the circumstances in juvenile cases is to include consideration of the child’s physical, mental, and emotional maturity; whether the child or parent understood the consequences of the child’s statements; whether…”
D.M. v. State, 949 N.E.2d 327 (Ind. 2011).
· cites it 2× “I.C. § 31-32-5-4; see also Michael C., 442 U.”
N.B. v. State of Indiana, 971 N.E.2d 1247 (Ind. Ct. App. 2012).
· cites it 2× “I.C. § 31-32-5-4; see also Michael C., 442 U.”
J.D.P. v. State, 857 N.E.2d 1000 (Ind. Ct. App. 2006).
· cites it 2× “Pursuant to Indiana Code section 31-32-5-4, a review of the totality of the circumstances in a juvenile case includes consideration of the child's physical, mental and emotional maturity; whether the child or parent understood the consequences of the child's statements; whether…”
DM v. State, 949 N.E.2d 327 (Ind. 2011).
· cites it 2× “I.C. § 31-32-5-4; see also Michael C., 442 U.”
J.N. v. State of Indiana (mem. dec.), No. 43A04-1703-JV-613 (Ind. Ct. App. Aug. 31, 2017).
· cites it 6× “] Further, I.C. § 31-32-5-4 sets out six circumstances to consider in determining whether the waiver of rights by the parent and juvenile was made knowingly and voluntarily, one of which – I.”
Lei Gamble v. State of Indiana, 256 N.E.3d 546 (Ind. Ct. App. 2025).
· cites it 6× “” Ind. Code § 31-32-5-4 (1). On this factor, the trial court found: “That it might have taken more time and consultation for Gamble to fully understand the waiver is likely true, but nothing in Gamble’s interactions with Detective Sharp point to any confusion or lack of…”
JDP v. State, 857 N.E.2d 1000 (Ind. Ct. App. 2006).
· cites it 2× “Pursuant to Indiana Code section 31-32-5-4, a review of the totality of the circumstances in a juvenile case includes consideration of the child's physical, mental and emotional maturity; whether the child or parent understood the consequences of the child's statements; whether…”
Karla P. Estrada v. State of Indiana, No. 20A03-1110-CR-474 (Ind. Ct. App. June 22, 2012).
· cites it 4× “” Ind. Code § 31-32-5-4 (3). Before Estrada and Patricia signed the waiver, Estrada had only been told that her name had come up in connection with an incident and Patricia had not been told why she was called to the police station.”
Ind. Code § 31-32-5-4(3): 1 case
J.N. v. State of Indiana (mem. dec.), No. 43A04-1703-JV-613 (Ind. Ct. App. Aug. 31, 2017).
“] Further, I.C. § 31-32-5-4 sets out six circumstances to consider in determining whether the waiver of rights by the parent and juvenile was made knowingly and voluntarily, one of which – I.”
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