Rule 8. Rights of minor while in detention.

(a) A minor shall be advised of the right to telephone the minor's parent, guardian or custodian and an attorney immediately after being admitted to a detention facility.

(b) A minor has a right to confer in private at any time with an attorney, cleric, parent, guardian or custodian. After the initial visit, the minor may visit such persons at reasonably established visiting hours, or at other times when special circumstances so warrant.

(c) No person other than a probation officer or a staff member of a detention facility shall be permitted to interview a child under 14 years of age held in the facility regarding an offense chargeable against the child without the child’s parent, guardian or custodian present, unless:

(c)(1) the parent, guardian or custodian has given written permission for the interview to be held outside the presence of the child’s parent, guardian, or custodian;

(c)(2) the parent, guardian or custodian had been advised of the child’s constitutional rights as provided in Rule 26(a) and has knowingly and voluntarily waived such rights; and

(c)(3) the child had been advised of the child’s constitutional rights as provided in Rule 26(a) and has knowingly and voluntarily waived such rights.

(d) No person other than a probation officer or a staff member of a detention facility shall be permitted to interview a child 14 years of age or older in a detention facility regarding an offense chargeable against the child without the consent of the child and the child’s parent, guardian or custodian after first advising said child of constitutional rights as described in Rule 26 and such rights having been knowingly and voluntarily waived by the child .

(e) If the child’s parent, guardian or custodian is not available, the consent of the court shall be obtained before interviewing a child in a detention facility.

 Advisory Committee Notes