Legal Question in Criminal Law in Michigan

Questioningt of children without parent present

I have a six year old child that was questioned at school by state police and FIA and they did not contact me or inform me that they were going to do so. When questioning a minor, isn't it against the law to do so without parent or legal guardian present?


Asked on 5/19/03, 11:57 pm

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Questioningt of children without parent present

If FIA is questioning a child because it received a referral of possible abuse or neglect, the CPS worker does not have to get permission of a parent or guardian to interview the child.

Why? Since most abuse/neglect is caused by a parent, if that same parent could effectively block FIA from talking to the child about the allegations, then the child could never be protected. Child protection laws give FIA limited authority to interview children in these circumstances, and confidentiality laws also prohibit FIA from revealing who made the initial referral.

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Answered on 5/20/03, 9:59 am


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