When a law enforcement agency (LEA) asks to interrogate or conduct a polygraph examination for a child suspected of violating the law or having knowledge of a law violation, Child Welfare staff and/or the child’s physical custodian will:

1. (1) Assure the officer has proper identification.
2. (2) Determine if the officer has a warrant. If there is a warrant, Child Welfare will assist the LEA officer insofar as such assistance does not infringe upon the child’s right to remain silent and to have legal representation present.
3. (3) Advise the officer that no mechanical or electronic recording may be made of the interview.

4. (4) If the LEA does not have a warrant, make sure:

   1. (a) The child’s legal guardian consents to the interrogation and/or polygraph (see I-B.1.4, Responsibility of Staff to Secure a Legal Consent); and
   2. (b) The child’s attorney, a staff person or the child’s custodian is present during the interview, and ensures that the interview is terminated if there is any indication of improper conduct on the part of the interrogator.

Statutory/Other Authority

ORS 418.005

Statutes/Other Implemented

ORS 418.005

History

CWP 34-2018, minor correction filed 04/16/2018, effective 04/16/2018
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95