Juvenile Custodial Interview Procedure

Custodial Interview of Juvenile

• Deputies must make a reasonable effort to notify the juvenile's parent or legal custodian of the charges and location before any interview.
• Notification includes at least a telephone call to the parent's home and place of employment.
• The interviewing deputy must inform the suspect and any parent or custodian present of BSO and juvenile justice procedures.

Documenting Notifications

• Deputies must note in the Event Report and/or investigative action report that notification was made to the juvenile's parent or legal custodian.
• The notation must include pertinent contact information (name, time, etc.) and the response of the parent or custodian.

Constitutional Rights

• Constitutional rights (per Miranda decision) must be given before any interview.
• If possible, these rights should be given in the presence of the parent or legal custodian.

Executing Rights

• The Statement of Rights form (BSO RP#17) should be fully executed by the questioning deputy and subject juvenile.
• If Miranda is given verbally, it must be witnessed by a second deputy and properly documented in the deputy's report.

Interview Procedures

• Interviews will be of a reasonable duration using a minimal number of deputies to conduct the interview.
• The least coercive methods possible will be used to complete the assigned case.

Consent and Capacity

• Consent of the juvenile's parent, legal custodian, or caretaker is desired but not essential.
• The juvenile's capacity to understand their rights and significance will be considered, including factors such as age, marital status, education, and intellectual level.

Handling Juvenile Offenders

• Juvenile offenders will be handled in one of the following ways:
  • Outright release with no further action to parent or parents, custodian, or responsible adult.
  • Juvenile referral with release to parent or parents, custodian, or responsible adult.
  • Juvenile referral to JAC.

Burden of Proof

• The deputy must clearly demonstrate that:
  • Constitutional rights were properly given.
  • Juvenile justice system procedures were explained to juveniles.
  • Juveniles understood their rights.
  • Juveniles waived their rights knowingly and intelligently.
  • Juveniles' statement and cooperation were made freely and voluntarily.

Standard operating procedure for law enforcement officers when interviewing a juvenile in custody, including notification of parents or legal custodians.