From the age of 10 years, a child can be arrested and interviewed by the police, or asked to attend a voluntary interview. The law requires that children have an appropriate adult with them.
It means that if the police wish to speak with your child, as long as they have not placed them under arrest they are free to conduct an interview. Additionally, if school staff chooses to speak to a juvenile not in custody, they are not required to inform you of their intentions to speak with your child.
Generally, school administrators can question students at school without a parent or guardian being present. The school district may have a policy that requires the school to first contact a parent, but each school district is different so it is important that you check the actual policy.
Police are free to approach and question any child who may have witnessed or been the victim of a crime, just as they can contact and interview an adult. Police can question a child without a parent present and are not required to obtain permission from a parent before questioning the child.
The law does not require a parent or guardian to be present when officers interrogate a child in custody at a juvenile processing office, but if a parent asks to be present, it is usually wise to honor that request at some point while the child is in the office.
When juveniles are arrested, they are entitled, by law, to have their Miranda rights read to them if they are being held in custody and being interrogated by a law enforcement officer.
There is no parental consent and the CSW or law enforcement need to conduct an interview longer than 30 to 45 minutes.
Parents have the legal right, via the Family Educational Rights and Privacy Act (FERPA, 1974), to inspect their child's educational records at the school, to have them explained if necessary, to request updates and corrections, and to have their child's education records sent to another school in a timely manner if ...Sep 24, 2018
Second are the child's rights in education (articles 2, 12, 13, 14, 15, and 19). This includes the right to non-discrimination, participation, protection from abuse and violence, and freedom of thought, expression, and religion. Third are the child's rights through education (article 29 and 42).
In general, parents (or other relatives and caregivers) should not be present during the interview.
Officers can search children and young people under 18 without parental consent.
If you are under 14, a parent or guardian should be present for police questioning.
The fundamental rights of the parent to the care, custody and nurture of the child are frequently in conflict with the state’s parental role over the welfare of children represented in the doctrine “parents patriae." Generally, a parent has a variety of basic rights, including the right to physical possession of the child, the right to establish the residence of the child, the duty of care, control, protection, and reasonable discipline of the child, right to represent the child in legal actions, and the right to make other decisions of legal significance concerning the child. The Texas Family Code, however, authorizes the court to supplant these rights as a result of delinquent behavior of a child. Under the law, both parents and children are responsible for the conduct of the delinquent child. §51.01 (2) (C) underlines that one of the goals of the juvenile justice code is to provide “rehabilitation that emphasizes accountability and responsibility of both the parent and the child for the child’s conduct."
Parents are also required to be summoned to appear in court. §53.06 (a) provides the juvenile court shall issue a summons to the child and parent, guardian, or custodian.
This rule applies to children under 18 years old .
The Indiana Supreme Court had held that a child's statement or confession cannot be used against him unless (1) both he and his parents or guardian were informed of their right to remain silent and (2) the child had the opportunity to consult with his parents, guardian, or attorney (Lewis v. State 288NE 2d 138 (1972)).
New York does not prohibit police from interrogating 16, 17 or 18 year olds unless their parent or guardian is present. It does provide certain protections for children under 16 years of age who are taken onto custody. We describe these protections below.
The Supreme Court held that it was improper to deny the request to throw out the boy's statements to the police because he didn't receive proper Miranda warnings. The Court reasoned that because of their relative immaturity and lack of experience, children "cannot be viewed simply as miniature adults."
The case the Court ruled upon involved a 13 year-old boy possibly linked to two burglaries. A police officer went to his school, removed him from class and placed him in a conference room with the door closed and two school administrators present.
Everyone knows the iconic phrase "you have the right to remain silent." It's usually the first thing that police tell someone when taking them into custody, and it makes up one of the several rights - commonly known as "Miranda rights" - that people have when in police custody.
Obviously, an arrest constitutes police custody, but other situations can amount to custody even without a formal arrest.