Cantwell-Sacred Heart of Mary High School Parent/Student Handbook section-9-2.aspx

Cantwell-Sacred Heart of Mary High School Parent/Student Handbook > chapter-9-LAW ENFORCEMENT > section-9-2-Interview of a Student during School Hours by a Police Officer

Interview and Removal from School of Students by Police Officers

Police officers have the right during the school day to interview students who are suspects or witnesses. School personnel should not hinder the release of a student to police officers. School personnel are not liable for releasing students for this purpose, or other legitimate law enforcement purposes, which require taking the pupil from the school if they are taken with "proper standard of care" which is defined below.

When a student is taken into police custody and removed from school during school hours, the school will inform the parent or guardian except in child abuse cases and will maintain a record of circumstances involved.

Students can be removed from school during school hours by law enforcement only under the following conditions:

By properly identified representatives of law enforcement agencies who are making an arrest, with or without a warrant, presenting a warrant for the arrest of a pupil, or taking a student into custody without a warrant
By properly identified representatives of law enforcement agencies when not making an arrest or taking a child into custody as stated above under the following conditions, with the express permission of the parent obtained prior to the release of the pupil and in cases of emergency, when the parents cannot be reached
By properly identified representatives of a Child Protective Agency when taking a child into custody

Principals must notify the Department of Catholic Schools if a student is removed from school by law enforcement or Child Protective Services.

13.7.1 - Student Interviews by Law Enforcement

Student Interviews by Law Enforcement 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 Protective 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. 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. 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. 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. 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. 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. 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> 7-14-2021, 8-26-2024

Topics

Resources