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Student Interviews by Law Enforcement
Student Interviews by Law Enforcement
In performing their official duties and upon presenting proper identification to the principal or his or her designee, duly authorized representatives of law enforcement agencies and Child Protective Services shall be allowed to interview students in those cases where an interview outside of school hours is impossible or impractical or would duly interfere with the enforcement of law.
Law enforcement officers have the right during the school day to interview students who are potential suspects, victims, or witnesses. Child Protective Services representatives may conduct interviews to investigate reported child abuse or neglect.
If the interview is a custodial interrogation -- i.e., the student believes that leaving or not cooperating in the interview is not an option -- the student must be read "Miranda rights" before being questioned. California Welfare & Institutions Code § 625.6 does not permit a minor under age 17 or a parent to waive the minor's Miranda right not to speak to law enforcement without legal consultation. This means students or their parents cannot tell the police officers they can go ahead with the interview without first talking to an attorney.
If a student is 17 or older and in custodial interrogation, the student may legally waive Miranda rights. Therefore, the person in charge should advise the student not to respond to questioning until the student has consulted with parents/guardians or an attorney.
Before releasing a student for an interview, the person in charge must confirm that the person seeking the interview is properly authorized and presents appropriate identification as well as confirm that the interview is being conducted as part of the interviewer's professional duties. The person in charge should document the identity of the interviewer, the student interviewed and, if disclosed, the purpose of the interview.
In the archdiocese it is the policy that the person in charge should inform the parents/guardians that such an interview will take place, except when law enforcement or the agency has a specific reason to not inform the parents/guardians. In all events, it is the policy of the archdiocese that an adult, either a parent/guardian or a school staff member, will be present for any interview unless the student being interviewed elects otherwise.
See Interview of Students by Child Protective Agencies
Excerpt from the Archdiocses of Los Angeles Admnistrative Handbook. Updated: 7-14-2021, 8-26-2024. Please see Chapter 13 -7-1 - Student Interviews by Law Enforcement.
Interview of Students by Child Protective Agencies
Interview of Students by Child Protective Agencies
When investigating matters involving child abuse or neglect, law enforcement and child protective agencies are entitled under law to interview students and other minors at school or during parish activities. The person in charge must confirm that the person seeking the interview is properly authorized and presents appropriate identification and must also confirm that the interview is being conducted as part of his or her professional duties. The person in charge should document the identity of the interviewer, the student interviewed and, if disclosed, the purpose of the interview. If the purpose is an interrogation of a potential suspect of a crime, the student has the right to a lawyer before being questioned; therefore advise the student not to talk to the law enforcement officer until the student has spoken to a lawyer. Further guidance is in 13.7.1 - Student Interviews by Law Enforcement (la-archdiocese.org).
In the archdiocese it is the policy to inform parents/guardians that such an interview will take place except when law enforcement or the agency has a specific reason to not inform the parents/guardians. In all events it is the policy of the archdiocese that an adult, either a parent/guardian or school or parish staff member, will be present for any interview unless the minor being interviewed elects otherwise.
Excerpt from the Archdiocese of Los Angeles Administrative Handbook. Updated: 8-25-2021, 9-4-2024. Please see Chapter 9-8-3 - Interview of Students by Law Enforcement or Child Protective Services.
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