Is law enforcement legally obligated to notify the parent/guardian of a minor child that has been taken into custody? 5 Answers as of March 19, 2013
If so, what legal action can be taken against them if they failed to contact the parent?
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| Lawrence Lewis, PC
Law enforcement is obligated to inform a parent that a minor has been taken into custody. 17 and above is not a minor in GA. If you found out that the minor was in custody, then you were informed.
Answer Applies to: Georgia
Timothy J. Thill P.C.
| Timothy J. Thill
This is not a question for this forum, but for a civil practitioner. You may have to file a civil suit, and be prepared to expend considerable money, and be aware that police immunity might lay in this fact situation.
Answer Applies to: Illinois
Hamblin Law Office
| Sally Hamblin
Yes, they are. Depending on the harm caused to the minor, and all facts, a negligence claim. But it all depends.
Answer Applies to: Michigan
Maryam Jahedi Law Firm
| Maryam Jahedi
Yes they are. Under the Family Court Act they are obligated to notify the parent/legal guardian. They are not supposed to question the minor before notifying the parent and without the parent or legal guardian present when the minor is given Miranda warnings. Statements made by the minor to the law enforcement may be suppressed for failure of the law enforcement to comply with this requirement.
Answer Applies to: New York
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