what states require a parent or lawyer be present questioning child school

Illinois children and teens are now entitled to have a parent or advocate present when school administrators question them about an alleged criminal act. If school administrators asked your child about a criminal matter without your presence after August 23, 2019, they might have violated Illinois law.

Full Answer

Can a school principal question my child without an attorney?

This includes the right to an attorney and the right to remain silent. So even though the principal is an agent of the State, they are not law enforcement and the questioning by a school principal is not a custodial interrogation as it would have been had a police officer conducted the questioning of your child.

Can a parent be present at a child’s questioning?

“As a parent you have no constitutional right to be present at the questioning of your child. But you can advise your child that if he or she is ever arrested your child should: • Be polite and not resist • Give his or her name

Can a school official question a minor without a parent present?

I agree that the school officials (not the police) could question the child without the parents present. Also, since the school official is not a police officer, there would be no requirement that the child's right be read. Yes. There is no requirement under law that school officials or even police, advise parents before questioning a juvenile.

Do school officials have to inform parents before questioning a juvenile?

There is no requirement under law that school officials or even police, advise parents before questioning a juvenile. CALL 612-240-8005 for a Consultation. Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement with this office.

Can you interview a child without parental consent?

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.

Can a minor be questioned without a parent present in Georgia?

As a partial response to the question at the beginning of this article regarding whether the police may question a child without a parent's presence, the answer is yes, they legally can.

Can a principal question a child without a parent in California?

Let's look at each. Can police question a minor without parents in California? The short answer is “yes.” Police officers can question your child without notifying you. Your child does not have a constitutional right to have a parent present when being questioned by police.

Can a minor be questioned without a parent present in Virginia?

If the police arrest a minor or take her into custody and do advise her of her Miranda rights, the minor cannot be required or forced to answer any questions. The police can ask any questions they like, but the child is free to remain silent or to answer some questions but not others.

Can a minor be questioned without a parent present in Ohio?

A: School and police officials can question a child without the child's parents present. As far as the law enforcement side of it, the child does have the right to refuse to answer questions from a law enforcement official and/or to insist on the presence of an attorney. The police are not required to "take reports."

Can a 12 year old be charged with a crime in Georgia?

§16-3-1 states that the minimum age for criminal prosecution is 13 years old because a child under the age of 13 cannot form the requisite criminal intent to commit a delinquent act.

What is the meaning of loco parentis?

Primary tabs. A Latin term meaning "in [the] place of a parent" or "instead of a parent." Refers to the legal responsibility of some person or organization to perform some of the functions or responsibilities of a parent.

What happens if Miranda rights are not given?

Many people believe that if they are arrested and not "read their rights," they can escape punishment. Not true. But if the police fail to read a suspect his or her Miranda rights, the prosecutor can't use for most purposes anything the suspect says as evidence against the suspect at trial.

Can a principal interrogate a student California?

Questioning by School Administrators Generally, school administrators can question students at school without a parent or guardian being present.

What are the five due process rights for juveniles?

The United States Supreme Court has held that in juvenile commitment proceedings, juvenile courts must afford to juveniles basic constitutional protections, such as advance notice of the charges, the right to counsel, the right to confront and cross-examine adverse witnesses, and the right to remain silent.

Can police question a minor?

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.

Do juveniles have the same due process rights as adults?

In Gault, the U.S. Supreme Court determined that the Constitution requires that youth charged with delinquency in juvenile court have many of the same due process rights guaranteed to adults accused of crimes, including the right to an attorney and the right to confront witnesses against them.