Waiver of counsel, 2014
The right to counsel can be waived by counsel if the juvenile knowingly and voluntarily joins the waiver, by a custodial parent or guardian if that person has no interest adverse to the juvenile, or by the juvenile if he or she has been emancipated.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In Indiana, an attorney for a juvenile can be appointed at the following points in the process: Custodial Questioning / Talk with Intake Officer.
Indigency requirements, 2013
Organized at the local level (county/judicial district) with varying state oversight
Organizer: Indiana Public Defender Commission
(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)
Indigency is not determined legislatively
Indiana indigency law is governed by both juvenile and adult statute, which provide for a determination of indigency. Indigency is judicially determined.
Courtroom shackling, 2015
Restricted by legislature
Indiana statute IC §31-30.5 prohibits restraints in juvenile court unless the court has determined on the record, after considering sheriff/transport officer recommendations that the juvenile is (potentially) dangerous. Recommendations need not be considered when youth causes a physical disruption in court.
Sex offender registration, 2015
In Indiana, there is no statutory language specific to juvenile competency. A state Supreme Court case held that a finding of incompetency to stand trial is not an abuse of discretion when applied to juveniles for delinquency-related proceedings, which affirms the practice, but does not require it.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity