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 concerning alleged delinquent or criminal acts 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.
- A request for an attorney can be made by the juvenile or the parent or legal guardian at any time during questioning.
Additionally, statements or admissions made in the absence of a parent or legal guardian may be admissible if:
1. A private attorney or public defender was present at 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.
For purposes of this section, a juvenile is 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. Emancipation may include, but is not limited to, being married, in the military, or otherwise self-supporting.
Furthermore, if the only legal guardian for the juvenile is the Department of Children, Youth, and Families (DCYF), no interrogation shall take place unless an attorney has been appointed by the court to advise the juvenile. 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 will take effect upon passage.