Many parents are surprised to learn that in New York, police can question a child between the ages of 7 and 15 without a parent or guardian present. However, there are additional legal protections for minors that do not apply to adults. When a child is arrested, the officer must immediately notify a parent or legal guardian (or the person the child lives with if no guardian is available) that the child has been taken into custody.

Police must also inform the child that they have the right to request a parent be present during questioning. The interrogation must take place in a location suitable for juveniles, and the entire process—including Miranda warnings, notice of rights, and any waiver—must be video recorded.

Courts pay close attention to whether a parent was notified and if the child truly understood their rights. If police fail to follow these steps, any statements made may be ruled inadmissible in a Juvenile Delinquency proceeding.

If your child has been questioned or arrested, it’s critical to speak with an experienced New York juvenile defense attorney who can review the case, ensure procedures were followed, and protect your child’s rights from the very beginning