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. Under this new provision, statements or admissions made by a juvenile will not be admissible in court unless specific conditions are met. These conditions include:
1. The juvenile was advised of their right to have a parent or legal guardian present during questioning.
2. The parent or legal guardian was present during the questioning.
3. The juvenile and parent or legal guardian were advised prior to questioning of the following:
- 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, if a juvenile is interrogated without a parent or guardian, their statements may still be admissible if:
1. A private attorney or public defender was present at such 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 of age or older, and the law enforcement official acted in good faith reliance on such representation in conducting the interrogation.
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) years and under the age of eighteen (18) years, 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, in instances where the only legal guardian for the juvenile is the Department of Children, Youth, and Families (DCYF), no interrogation shall take place unless and until an attorney has been appointed by the court to advise the juvenile. The bill also establishes that if any provision of this section conflicts with any provision of chapter 21.5 of title 16, the provisions of this section shall apply. This act is set to take effect upon passage.