When they are investigating matters involving child abuse or neglect, law enforcement and child protective agencies are entitled under law to interview students and other minors at school or during parish activities. The person in charge must confirm that the person seeking the interview is properly authorized and presents appropriate identification and must also confirm that the interview is being conducted as part of his or her professional duties.
In the archdiocese it is the policy to inform 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 school or parish staff member, will be present for any interview unless the minor being interviewed elects otherwise.
Student Removal by Law Enforcement
A properly identified representative of a law enforcement agency or Child Protective Services has the right to enter a school to take a student into temporary or protective custody or to make a lawful arrest of a student. In the case of an arrest, the person in charge shall request to see the warrant for the student’s arrest or court order issued by the juvenile court. A warrant is not necessary if the officer has reason to believe that the student has violated the law and makes an oral statement to this effect. The person in charge and at least one other staff member should be present to hear and witness the officer’s oral statements.
The officer or representative may also remove a student from school with the permission of the student’s parents/guardians or, in the case of exigent circumstances, without the permission of the parents/guardians.
