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 Child Protective Services 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 suspects or witnesses. Child Protective Services representatives may conduct interviews to investigate reported child abuse or neglect.
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.
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.
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. In the case of exigent circumstances, such as immediate threat of harm to the student or others, the student may be removed by law enforcement without the permission of the parents/guardians.
The Office of the Legal Counsel and the regional superintendent should be notified as soon as possible.
Informing Parents/Guardians about Removal
While it is primarily the role of the law enforcement officer to notify the parents/guardians that a student has been taken into custody, the person in charge shall also take immediate steps to notify the parents/guardians about the release of the student to the officer and where the student has reportedly been taken. See Removal of a Student from School during School Hours. However, the person in charge shall not notify the parents/guardians when a student has been removed from school as a victim of suspected child abuse or the officer has specifically requested that the student's parents/guardians not be notified. In the case of suspected child abuse, the officer will determine whether to notify the parents/guardians that the student has been removed from school. See Removal of a Student from School during School Hours. The person in charge shall provide the officer with the address and phone number of the student's parents/guardians.
The person in charge at the location should always obtain the following information:
The name of the law enforcement officer or Child Protective Services representative
The officer's badge or ID number
The phone number of the police station
Instructions from the officer regarding parent/guardian inquiries concerning the whereabouts of the student
For a case involving child abuse, see Interview of Students by Law Enforcement or Child Protective Agencies.
