§ 16-21.5-2 - Procedure for interrogating elementary students.
SECTION 16-21.5-2
§ 16-21.5-2 Procedure for interrogatingelementary students. – (a) Before making an elementary school pupil available to a law enforcementofficer for the purpose of being questioned, the principal of the elementaryschool, or his or her designee, shall take immediate steps to obtain the oralconsent of the parent or guardian of the pupil to permit the questioning.
(b) If the parent or guardian requests that the pupil not bequestioned until he or she can be present, the pupil may not be made availableto the law enforcement officer for questioning until the parent or guardian ispresent.
(c) If school officials are unable, after reasonable effortsundertaken within a period not to exceed one hour, to contact a parent orguardian in order to obtain consent pursuant to this subdivision, a schooladministrator, school counselor, or school teacher who is reasonably availableand selected by the pupil, shall be present during the questioning.
(d) If the school administrator, school counselor, or schoolteacher selected by the pupil declines to be present during the questioning,the principal, or his or her designee, shall be present during the questioning.
(e) In those cases in which school officials are unable tocontact the pupil's parent or guardian, after the questioning has beencompleted, the principal or his or her designee shall immediately notify theparent or guardian that the questioning has occurred and make the staff memberwho was present during the questioning available to inform the parent orguardian about questioning.