Under present law, a child may be taken into custody pursuant to a court order or the laws of arrest, or if there are reasonable grounds to believe that the child is neglected, dependent, or abused, or has run away from the child's parents, guardians, or other custodian.
This bill requires that the following rights be read to a child and posted where the child is able to read them, in cases where a child is taken into custody due to the suspicion that the child has committed a delinquent act or unruly conduct that places the child in jeopardy of being removed from the home:
(1) The right to be informed of the reason the child was taken into custody;
(2) The right to be released to a parent, guardian, or other custodian within a reasonable time or delivered to a detention facility, shelter facility, or medical facility;
(3) The right to legal counsel during all stages of any proceeding, including an interview or interrogation; and
(4) The right to have the child's legal counsel, parent, guardian, or custodian present during any interview or interrogation concerning any violation of state or federal law, which cannot be waived.
RIGHT TO COUNSEL OR GUARDIAN AD LITEM
Under present law, a child is entitled to legal representation during all stages of a delinquency proceeding or proceeding alleging unruly conduct that places the child in jeopardy of being removed from the home, and is entitled to a guardian ad litem for a proceeding alleging a child to be dependent and neglected or abused.
This bill clarifies that such a child is entitled to have legal representation at an interview or interrogation.
This bill also prohibits a person from interviewing or interrogating a child concerning any violation of state or federal law unless the child is also accompanied by legal counsel, or a parent, guardian, or custodian and requires that the interview or interrogation be visually recorded. This bill specifies that these rights are not subject to waiver by the child.
APPLICABILITY
This bill applies to acts committed on or after July 1, 2023.

Statutes affected:
Introduced: 37-1-113, 37-1-126(a)(1), 37-1-126