Expert: Robin Sexton - 8/30/2009

Question
QUESTION: Can the police interrogate a child without parent's consent in the state of Michigan? What if was alleged assault but the child being questioned is not the victim but a supposed witness?

ANSWER: Felcia,

Interviewing of a minor in Michigan is not a clear cut issue. If the child is a suspect then an attempt should be made to contact a parent.  Officers need to be very cognizant that the child not only has the normal rights that we all have but as a minor has some additional ones.  If the child is a witness, again the officer needs to be cognizant of their age.  An additional problem comes into play when the child is a victim or witness and the alleged suspect is a care giver or parent.  In that case obviously the police can not request permission from the suspect to interview the witness.  In such a circumstance most officers will obtain an advocate ( non law enforcement) to either monitor or give permission. Could be a teacher, administrator or a Social worker.
I am sorry but without completely knowing the relationship with in the investigation i can't be more detailed.  The over riding concern is that the officer was reasonable in their interview an in attempting to obtain an advocate for the child.

Hope this helped

robin

---------- FOLLOW-UP ----------

QUESTION: The accuser has admitted to child protective services, his and his mother's attorneys of making a false statement and want to drop the charges. What happens next? The assigned social worker submitted my sister's name in the child abuse registry, even though she hasn't been convicted of anything and she's not allowed to see her children.The accuser is in a foster home. Is this legal? She lives in MI.

Answer
Felicia,

It will depend exactly where in the process this occurs.  Standard rule is that once one level of the process makes a decision then it requires the level above to change it.  For example the police make an arrest, they can't un-arrest.  A prosecutor ( next level up) can deny charges. If however a prosecutor files charges then these charges can only be dropped by a court. If a child is taken into protective custody then a reviewing authority will have the make the determination.

Hope that helped

robin