Bill > S2158

This bill, concerning proceedings in Family Court, prohibits statements or admissions made by a juvenile during custodial interrogation by law enforcement about alleged delinquent or criminal acts from being used as evidence against them unless specific conditions are met. These conditions include the juvenile being informed of their right to have a parent or legal guardian present and that parent or guardian actually being present during questioning, or if both the juvenile and their parent/guardian are informed of the juvenile's right to remain silent, that statements can be used in court, their right to an attorney, the availability of a free attorney if they cannot afford one, and that they can request an attorney at any time. However, statements made without a parent or guardian present may still be admissible if a private attorney or public defender is present, or if the court determines the juvenile knowingly and voluntarily waived their rights and misrepresented their age as 18 or older, with law enforcement acting in good faith reliance on that misrepresentation, or if the juvenile is emancipated, meaning they are over 15 and under 18, have parental assent, and demonstrate independence in their care, custody, and earnings, such as being married, in the military, or self-supporting. If the Department of Children, Youth and Families (DCYF) is the sole legal guardian, an attorney must be appointed by the court before any interrogation can occur.

Justice

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