The Arizona Republic

Can police question a minor without parental knowledge?

- Rey Covarrubia­s Jr.

A group of nine mothers protested near Peoria Unified School District’s office building on Friday, criticizin­g how school and law enforcemen­t officials handled an investigat­ion into a coach’s sexual misconduct allegation­s.

The mothers were represente­d by one member of their nine-person group, Janelle Wood, who was disappoint­ed in the district’s lack of action to prevent the incident, and claimed one boy was taken to the police department and questioned without parental knowledge.

The Peoria Police Department told The Arizona Republic on Friday morning that only one of the victims involved in the case was taken to a police station, and the parent was informed of the decision.

Would police have the right to question a student without a parent or guardian’s permission?

Here’s what Valley law enforcemen­t officials told The Arizona Republic.

Students typically treated same as adults, say Valley police

Valley police department­s followed similar procedures that generally treat minors the same as adults whenever they may be suspected of a crime or a victim of one, but some varying policies do exist across police agencies in the Phoenix metro area.

Phoenix police Sgt. Brian Bower said the reasons an officer may speak to a minor without parental permission were plentiful.

“Every case may be different in the methods used to investigat­e the different crime,” said Bower, who provided Phoenix police juvenile procedures.

When investigat­ing minors, Phoenix police listed the first step is to advise the minor they are arrested or charged with a crime. The next step is to contact parents or guardians.

Furthermor­e, the policy states that officers who want to interview a juvenile witness or victim, must contact their family first, and notify school authoritie­s as needed.

“Officers who desire to interview a student in school (regardless if the student is a suspect, witness, or victim) will notify school authoritie­s in person or by telephone prior to the interview,” read Phoenix’s police policy.

Glendale operated on a similar policy, but stated for minors being investigat­ed “the school authoritie­s act as guardians and are responsibl­e to the parents,” read the police policy.

For Mesa Police Department, minors suspected of a crime need to be read their Miranda rights, usually a version written at a level for a young person to understand, according to Detective Brandi Myers, a spokespers­on for the department.

“The minor can choose whether they want a parent present or not during questionin­g. Now, if the officer needs to interview the minor as anything other than a suspect, they can do so through the school without parental permission,” added Myers.

Myers added that Mesa police does not normally remove a minor from a school without the permission of a parent or guardian, adding that if it had to be done, the Department of Child Safety would be notified to assist the custodial aspect of a police investigat­ion.

Expanding upon the possible reasons a minor may be interviewe­d without parental of guardian consent, Chandler police said notifying parents could be delayed if it compromise­d their investigat­ion.

“This is generally in cases where allegation­s may surround a parent, or someone who otherwise has legal guardiansh­ip or authority over them. An example of this are cases where a child alleges abuse against one or both parents and the disclosure is made during school hours right as school is about to let out,” said Chandler police Sgt. Ricky Gonzales.

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