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Form not allowing questioning of a minor?

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  • Form not allowing questioning of a minor?

    I know there is a form that allows the parents of a minor not to be questioned by law enforcement or social services unless the parents are notified, and unless there is another adult present during questioning.
    Does anyone know where I can find this and what statute it is?

    Thanks

  • #2
    There is no such document to my knowledge.

    Are you asking if there is a way to make sure that your minor is never questioned by police?

    Tell your minor to ask for a parent or lawyer when they get in trouble. Other than that, police officers are allowed to place the minor in custody pending the arrival of the parent and/or lawyer.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

    Comment


    • #3
      I had one years ago.. Due to HRS case...
      It was something that just stated. A parent had to be notified that a child was being questioned and that a teacher or another adult had to be present during this questioning to protect the child.

      Dang I wish I could remember where I got it from

      Thanks

      Comment


      • #4
        Originally posted by floridaparent View Post
        I had one years ago.. Due to HRS case...
        It was something that just stated. A parent had to be notified that a child was being questioned and that a teacher or another adult had to be present during this questioning to protect the child.

        Dang I wish I could remember where I got it from

        Thanks
        You are confusing parental notification with parental permission. The laws have changed and the police and or CPS can now question a child without the child's parents' knowledge or permission. This was done when the incidences of parental abuse/neglect began to rise, and was done as a way to ensure that children would be more likely to tell the truth and therefore be protected.

        If you tell us a little about the situation, maybe we can offer some assistance to you.
        Last edited by xena; 03-24-2007, 06:57 PM.

        Comment


        • #5
          Originally posted by xena View Post
          You are confusing parental notification with parental permission. The laws have changed and the police and or CPS can now question a child without the child's parents' knowledge or permission. This was done when the incidences of parental abuse/neglect began to rise, and was done as a way to ensure that children would be more likely to tell the truth and therefore be protected.

          If you tell us a little about the situation, maybe we can offer some assistance to you.
          I have a 12 y/o child that is ADHD Autistic / bi polar just to list a few of her problems... SHe is and has been under doctors care since she was 2 y/o.
          She has started hanging around with the wrong crowd at school, she got in trouble (grounded at home) and apparently someone convinced her to call HRS.. She or someone did... The claim was that she was cutting herself and locked in her room with nothing but a bed. The investigator talked to her at school and asked her if she cut herself and she apparently said yes. The problem is asking her a open ended question... The question he posed to her was " Have you cut yourself?" Her answer was yes. But he never broke down the question and everyone has cut them self at some point... Being that her brain doesn't register things like a normal child would... she had no idea really what he was asking. and yes she has cut herself. Not self mutilation, but cut herself shaving or working in the yard etc.
          The investigator was out to speak to me and found nothing wrong, with my daughter no marks, and a bedroom full of toys and normal preteen items.
          But he will not close the case because she asnwered yes to this open ended question.

          I want something so that if she again is questioned that someone/anyone is with her to help explain any questions to her so that she can understand what is being asked of her..

          Thanks for the help.

          Comment


          • #6
            Originally posted by floridaparent View Post
            I have a 12 y/o child that is ADHD Autistic / bi polar just to list a few of her problems... SHe is and has been under doctors care since she was 2 y/o.
            She has started hanging around with the wrong crowd at school, she got in trouble (grounded at home) and apparently someone convinced her to call HRS.. She or someone did... The claim was that she was cutting herself and locked in her room with nothing but a bed. The investigator talked to her at school and asked her if she cut herself and she apparently said yes. The problem is asking her a open ended question... The question he posed to her was " Have you cut yourself?" Her answer was yes. But he never broke down the question and everyone has cut them self at some point... Being that her brain doesn't register things like a normal child would... she had no idea really what he was asking. and yes she has cut herself. Not self mutilation, but cut herself shaving or working in the yard etc.
            The investigator was out to speak to me and found nothing wrong, with my daughter no marks, and a bedroom full of toys and normal preteen items.
            But he will not close the case because she asnwered yes to this open ended question.

            I want something so that if she again is questioned that someone/anyone is with her to help explain any questions to her so that she can understand what is being asked of her..

            Thanks for the help.
            Talk to the caseworker about a notice being placed in your file stating that child is unable to understand questions. If the caseworker is hesitant, go to the supervisor with the problem. I've seen case files that had similar notes in them so I know it can be done. Good luck, I hope evrything works out for you.

            Comment


            • #7
              Originally posted by xena View Post
              Talk to the caseworker about a notice being placed in your file stating that child is unable to understand questions. If the caseworker is hesitant, go to the supervisor with the problem. I've seen case files that had similar notes in them so I know it can be done. Good luck, I hope evrything works out for you.
              Thanks so much for your help.
              Maybe you can answer another question.
              It has been two weeks since this whole thing happened. The investigator has done nothing. He called me back at the house the night this all happened and told me we needed to dig further into the case because of what my daughter had said. That he would call me back that night with a time for her to be video taped by a therapist. Nothing has been done. No calls (I have called ID) so I know no one has called. No return visit, nothing.
              I took her to her regular Doctor, and her therapist, and because of all this confusion at the house, she has become more moody and agitated. He (her Dr) suggested we have her re-evaluated by her phycologist. Which we are waiting for her appointment.
              What should we do at this point? We have done everything we know to do to protect and care for our child. Any suggestions?

              As far as HRS they have done nothing, no calls, no letters, as of yesterday hadn't even checked with her Dr or school.. They are just letting us sit and worry.
              Thanks

              Comment


              • #8
                Originally posted by floridaparent View Post
                Thanks so much for your help.
                Maybe you can answer another question.
                It has been two weeks since this whole thing happened. The investigator has done nothing. He called me back at the house the night this all happened and told me we needed to dig further into the case because of what my daughter had said. That he would call me back that night with a time for her to be video taped by a therapist. Nothing has been done. No calls (I have called ID) so I know no one has called. No return visit, nothing.
                I took her to her regular Doctor, and her therapist, and because of all this confusion at the house, she has become more moody and agitated. He (her Dr) suggested we have her re-evaluated by her phycologist. Which we are waiting for her appointment.
                What should we do at this point? We have done everything we know to do to protect and care for our child. Any suggestions?

                As far as HRS they have done nothing, no calls, no letters, as of yesterday hadn't even checked with her Dr or school.. They are just letting us sit and worry.
                Thanks
                There's not much you can do for now. Getting your daughter re-evaluated is an excellant idea. HRS takes forever to investigate, and sadly even when they mark a case "unfounded" they don't always bother telling the parents. Wait a couple of more weeks, then call HRS to see what the status is.

                Comment


                • #9
                  Originally posted by xena View Post
                  There's not much you can do for now. Getting your daughter re-evaluated is an excellant idea. HRS takes forever to investigate, and sadly even when they mark a case "unfounded" they don't always bother telling the parents. Wait a couple of more weeks, then call HRS to see what the status is.
                  Thanks again for your help...
                  Makes me feel a bit better. This whole thing has just been so stupid.

                  Comment


                  • #10
                    Well nothing has happened yet.... This all started on March 15th..
                    I called CPS today and the case is still open....
                    The investigator has done nothing... He has not talked to the school.. Did get records from my daughters doctor but that's it.... Never talked to any of her doctors, just got records.... He claimed he wanted my daughter to be video taped with a therapist and he was to set that up.. It has never happened, He has not followed through with anything, except making our family life a mess.

                    My daughter is being re-evaluated Monday by our own Doctors, and has been in counciling, and has been put on different meds, which by the way has really made a huge difference.
                    This whole thing is just rediculous.... I end up with my name on an abuse registry for what? being a parent of a child with problems?: mad:

                    Comment


                    • #11
                      Originally posted by floridaparent View Post
                      Well nothing has happened yet.... This all started on March 15th..
                      I called CPS today and the case is still open....
                      The investigator has done nothing... He has not talked to the school.. Did get records from my daughters doctor but that's it.... Never talked to any of her doctors, just got records.... He claimed he wanted my daughter to be video taped with a therapist and he was to set that up.. It has never happened, He has not followed through with anything, except making our family life a mess.

                      My daughter is being re-evaluated Monday by our own Doctors, and has been in counciling, and has been put on different meds, which by the way has really made a huge difference.
                      This whole thing is just rediculous.... I end up with my name on an abuse registry for what? being a parent of a child with problems?: mad:
                      I know it's rough, but hang in there, it takes time, but things will get straightened out. Just remind yourself that you're dealing with a gov't agency and they move as slow as molassas.

                      Comment


                      • #12
                        Well.... It's finally over...
                        I got the letter Saturday stating "No Indicators"
                        I still hate the fact that I'm on a national registry for the next seven years..
                        Somehow that just doesn't seem fair.

                        My daughter is seeing so many Doctors, Psychiatrists and Therapists and has been for years...
                        But for now the meds she is on are working.... She seems so much happier than she has in a long time... She doesn't like one of her Psychiatrists because she won't allow my daughter to pull any crap.... but my daughter is listening to her for now, because it's "listen and do" or a hospital... I don't want that for her if there is any way possible....and I don't thinkk my daughter does either....

                        Thanks for your help and understanding through all of this....

                        Comment


                        • #13
                          Originally posted by floridaparent View Post
                          Well.... It's finally over...
                          I got the letter Saturday stating "No Indicators"
                          I still hate the fact that I'm on a national registry for the next seven years..
                          Somehow that just doesn't seem fair.

                          My daughter is seeing so many Doctors, Psychiatrists and Therapists and has been for years...
                          But for now the meds she is on are working.... She seems so much happier than she has in a long time... She doesn't like one of her Psychiatrists because she won't allow my daughter to pull any crap.... but my daughter is listening to her for now, because it's "listen and do" or a hospital... I don't want that for her if there is any way possible....and I don't thinkk my daughter does either....

                          Thanks for your help and understanding through all of this....

                          I'm glad it's worked out. I know how you feel about being on a registry, it's maddening as hell, but there isn't anything you can do about that. I was on a registry for about 6 years, my son was undiagnosed bi-polar who lied to his teachers because he was mad at his dad and I for setting rules for him. According to him, I was an alchoholic who beat him and locked him OUT of the house and his dad just beat him all the time. It took a long time to get the mess straightened out, thank God we had already had him in counseling for several years.

                          Comment


                          • #14
                            Originally posted by xena View Post
                            I'm glad it's worked out. I know how you feel about being on a registry, it's maddening as hell, but there isn't anything you can do about that. I was on a registry for about 6 years, my son was undiagnosed bi-polar who lied to his teachers because he was mad at his dad and I for setting rules for him. According to him, I was an alchoholic who beat him and locked him OUT of the house and his dad just beat him all the time. It took a long time to get the mess straightened out, thank God we had already had him in counseling for several years.
                            I do understand that...Bi-polar......Thats what they think one my of daughters problems is.... The ups and downs are horrible.... Plus she is ADHD autistic and entering puberty....ACK!!!!! The thought at first it was just depression, but have since realized its more than that...

                            I guess the biggest problem is the way our case was handled..... I know for a fact the investgator lied in his report.... He claims he spoke with family members.... "Spoke with older sibling and grandparents" Spoke with Drs and school councilors" He did none of that.... I only have one older child in this area and she was never approached. I spoke with my other kids that live out of the area and they were never contacted.... There are no grandparents living... and the Drs and school were never contacted..... So who the heck did he talk to?
                            He saw no indicators when he was out here.....so I guess just drag your feet and keep the case going for more money....LOL
                            In any case it's over for now thank goodness....and again thanks for your help and reassurance....

                            Comment


                            • #15
                              Have you taken your concerns about his handling of the situatuion to his supervisor? If nothing else, it should be on record that he made fraudulent claims in the report. I don't know that it would actually help you (although, I certainly hope it would) but at least maybe you could prevent him from doing this to someone else.

                              I'm sorry about your situation. My 11 year old is a healthy kid in the throes of starting puberty. I can't imagine having to deal with everything else at the same time. Hang in there.
                              Last edited by mommyof4; 05-08-2007, 05:28 AM.
                              HOOK 'EM HORNS!!!
                              How do you catch a very rare rabbit?
                              (unique up on him)
                              How do catch an ordinary rabbit?
                              (same way)

                              Comment

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