Does my child have 'Miranda' rights? Does a parent have to be present during questioning?
All citizens enjoy the right to be informed of their rights when they are in police custody and are being questioned about suspected criminal acts. If a child is under the age of 14 and in custody, they must have the opportunity to consult with a parent or guardian prior to waiving Miranda rights and giving a statement. In all cases of police questioning of juveniles in custody, the court will look at their age, the presence of parents, and other factors to determine whether any statement was freely and voluntarily given.