Article II. Prehearing Procedures

215

Rule 7: Rights During Detention.

(a) Visitation, Telephone Calls, Mail. When a child is confined to a detention facility, unless the court specifically directs otherwise due to involvement in the case or other appropriate reason, parents, guardian, or custodians shall be allowed daily visitation unless provided otherwise by local rule. Attorneys may visit children whom they represent, and members of the clergy may visit at the request of children or their parents or guardians. A child shall have such access to a telephone and the mails as the court may prescribe considering the circumstances of the case.

(b) Visiting Hours. The court may regulate visiting hours, or the person in charge of the detention facility may prescribe visiting hours and conditions with the approval of the court.

(c) Punishment. Neither detention attendants nor any other person shall administer corporal punishment to a child in detention.

(d) Interrogation. Intimidative or coercive methods shall never be used in questioning children. If feasible, a parent or guardian should be present during questioning. In any event, no child having been placed in and present in a detention facility shall be interrogated concerning an alleged violation of law unless the child intelligently waives in writing the right to remain silent.

(e) Interviews. Unauthorized persons shall not be allowed to interview a child in detention and designated court personnel may interview such children only concerning social data.

Advisory Commission Comments.

Rule 7 refers only to secure detention facilities, not to nonsecure shelter care and other facilities; however, similar rules would not necessarily be inappropriate for such facilities.

Back to Top