The bill amends Chapter 14-1 of the General Laws regarding proceedings in Family Court by introducing a new section, 14-1-30.3, which governs the admissibility of statements made by juveniles during custodial interrogations. It stipulates that any statements or admissions made by a juvenile concerning alleged delinquent or criminal acts will not be admissible in court unless specific conditions are met. These conditions include:
1. The juvenile being advised of their right to have a parent or legal guardian present during questioning.
2. The parent or legal guardian being present during the questioning.
3. The juvenile and parent or legal guardian being advised prior to questioning of the following rights:
- The juvenile's right to remain silent.
- That statements made could be used against them in a court of law.
- That they have the right to have an attorney present during any questioning.
- That if they cannot afford an attorney, one would be appointed to represent the juvenile at no cost.
- That a request for an attorney can be made by the juvenile or the parent or legal guardian at any time during questioning.
Additionally, the bill allows for exceptions where statements may be admissible if:
1. A private attorney or public defender was present during the interrogation.
2. The court finds that, under the totality of the circumstances, the juvenile made a knowing, intelligent, and voluntary waiver of their constitutional rights, and the juvenile misrepresented their age as being eighteen (18) years or older, with law enforcement acting in good faith reliance on such representation.
3. The juvenile is emancipated from their parent or legal guardian.
The bill clarifies that a juvenile shall be deemed emancipated if they are over the age of fifteen (15) and under the age of eighteen (18), have the real or apparent assent of their parents, and have demonstrated independence in matters of care, custody, and earnings. The term emancipated may include, but is not limited to, a showing that the juvenile is married, in the military, or is otherwise self-supporting.
Furthermore, the bill allows for an express written waiver of the requirement that a parent or legal guardian be present during the interrogation, provided that the juvenile and their parent(s) or legal guardian have been advised of their constitutional rights. If the presence of the parent or legal guardian is expressly waived, their absence shall not make any statements or admissions by the juvenile inadmissible in any proceedings against them.
The Department of Children, Youth and Families (DCYF) shall not act as a legal guardian or physical guardian for purposes of waiving the requirements of this section on behalf of any juvenile, except in instances where the family court has granted the department's petition to terminate the parental rights of the child and the court has appointed the department as the sole guardian of the youth.
In the event that any provision of this section conflicts with any provision of chapter 21.5 of title 16, the provisions of this section shall apply. The act is set to take effect upon passage.