What rights does a 7-year-old have when being questioned in school by child protective services can they refuse to answer and ask for their parent or their lawyer to be present?
DO NOT take my comments as gospel (this is not my area of expertise, so consult a criminal defense lawyer), but off the cuff this is my general understanding in Utah, where I practice law:
Can the child, when being questioned in school by child protective services 1) refuses to answer and/or 2) asks for his/her parent or lawyer to be present?
Yes to both. Of course, that’s not terribly relevant if the child is not strong enough to refuse to be questioned.
You also have the problem of many schools refusing to recognize the child’s rights and instead siding with and aiding DCFS workers and ignoring/denying parents’ instructions not to let questioning occur.
You may want to consider providing the school with a letter for the child’s file, as well as providing your child with a card to show the school, DCFS, police, etc. that does the talking for them, i.e., something to the affect of “I refuse to answer any questions until my parents or a lawyer of my or my parent’s choosing is present . . .”
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