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56.3  Interview of a Student During School Hours by a Police Officer

Upon presentation of proper identification to the principal or his or her designee, duly authorized representatives of law enforcement agencies and the child protective agencies in the performance of their official duties shall be allowed to interview students in those cases in which an interview out of school hours is impossible, impractical or would duly interfere with the enforcement of law.

 


Although the law does not require it, the parent or guardian should be informed by the principal that such an interview has taken place, except upon request of law enforcement. It is the policy of the Archdiocese that an adult, either a parent or guardian or school staff person will be present for any interview unless the student selects otherwise.

Before releasing the student for the interview, the principal must exercise the "proper standard of care" which is to:

  • Obtain a business card and confirm the identity and official capacity of the police officer and the authority under which he or she acts. In the case of the release of the student to the officer, the reason for such an action.
  • Child Protective Agency workers may interview for the purpose of their legal obligations to investigate reported child abuse or neglect. Child Protective Agency workers are authorized to assume custody to remove a child from school. ​

Before a student is taken into police custody and removed from the school during school hours, the school will attempt to inform the student's parent or guardian. The school will maintain a record of the circumstances involved. In cases of child abuse, parental notification is the responsibility of police officers. 

 

 

13.7.1 - Student Interviews by Law Enforcement13.7.1 - Student Interviews by Law Enforcement<p><b>​​​​​​Student Interviews by Law Enforcement<br></b><br>​In performing their official duties and upon presenting proper identification to the principal or his or her designee, duly authorized representatives of law enforcement agencies and <a href="http://www.cdss.ca.gov/Reporting/Report-Abuse/Child-Protective-Services" target="_blank">Child Prote​ctive Services</a> shall be allowed to interview students in those cases where an interview outside of school hours is impossible or impractical or would duly interfere with the enforcement of law.<br><br>​Law enforcement officers have the right during the school day to interview students who are potential suspects, victims, or witnesses. Child Protective Services representatives may conduct interviews to investigate reported child abuse or neglect. </p><p>If the interview is a custodial interrogation -- i.e., the student believes that leaving or not cooperating in the interview is not an option -- the student must be read "Miranda rights" before being questioned. <a href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC&sectionNum=625.6.">California Welfare & Institutions Code § 625.6​</a> does not permit a minor under age 17 or a parent to waive the minor's Miranda right not to speak to law enforcement without legal consultation.  This means students or their parents cannot tell the police officers they can go ahead with the interview without first talking to an attorney.  <br></p><p>If a student is 17 or older and in custodial interrogation, the student may legally waive Miranda rights.  Therefore, the person in charge should advise the student not to respond to questioning until the student has consulted with parents/guardians or an attorney.<br></p><p>Before releasing a student for an interview, the person in charge must confirm that the person seeking the interview is properly authorized and presents appropriate identification as well as confirm that the interview is being conducted as part of the interviewer's professional duties. The person in charge should document the identity of the interviewer, the student interviewed and, if disclosed, the purpose of the interview.</p><p><br>​In the archdiocese it is the policy that the person in charge should inform the parents/guardians that such an interview will take place, except when law enforcement or the agency has a specific reason to not inform the parents/guardians. In all events, it is the policy of the archdiocese that an adult, either a parent/guardian or a school staff member, will be present for any interview unless the student being interviewed elects otherwise.<br><br>​See <a href="/_layouts/15/FIXUPREDIRECT.ASPX?WebId=7c52c6b6-eea1-4fc3-ac3a-90f0c442a28e&TermSetId=8b66c3a8-bdfa-4bea-9c29-07c09bf9129e&TermId=514402d4-834b-496b-b674-e8d1ffa0d8e1" target="_blank">Interview of Students by Child Protective Agencies</a><br></p><p>7-14-2021, 8-26-2024<br></p>

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