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Q&A
Protocol for contacting parents/guardians of juvenile suspects
1:01:16
ยท
150 sec
Council Member Diana I. Ayala questions NYPD officials about their protocol for contacting parents or guardians of juvenile suspects. NYPD officials explain their legal obligations and procedures for involving parents in the interrogation process of minors.
- NYPD confirms that contacting parents/guardians is the first step in juvenile interrogations
- Officials explain that this is both department policy and state law
- The process for documenting attempts to contact parents is discussed
- NYPD clarifies procedures when parents can't be reached or don't engage
Diana I. Ayala
1:01:16
So we have two kids that come in.
1:01:17
One in a scenario like this one.
1:01:19
One, you know, maybe one was guilty, one was not.
1:01:21
We don't know.
1:01:22
Is the you have a a kid under the age of 18.
1:01:26
Is the first step in that process of interrogation and, you know, data collection to call the parent of that 17 year old?
Michael Gerber
1:01:35
Absolutely.
1:01:36
So, again, this is both our policy and it's the law.
Diana I. Ayala
1:01:38
Okay.
Michael Gerber
1:01:39
It's the law.
1:01:40
State law.
1:01:41
We are obligated to make best efforts to try to contact a parent or a legal guardian.
Diana I. Ayala
1:01:47
And what is the purpose of calling the parent or the legal guardian?
Michael Gerber
1:01:50
So they can come and consult with their child.
Diana I. Ayala
1:01:54
So in ninety nine point nine percent of those cases, the parent is allowed to speak to the child?
Michael Gerber
1:02:00
Yes.
1:02:00
Absolutely.
1:02:01
Absolutely.
1:02:04
Yeah.
1:02:04
This is not just like it is our policy, but it's also state law.
1:02:08
We don't have a choice.
1:02:10
Now there
Althea V. Stevens
1:02:11
are But because
Diana I. Ayala
1:02:11
in this case, somebody did the NYPD did call the parent.
1:02:15
The parent came to the police station, but the parent was not allowed to talk to the child.
Michael Gerber
1:02:19
Yeah.
1:02:20
The and and, again, I I can't speak to the particular of this case.
1:02:22
I don't know this case.
1:02:23
That sounds all wrong.
1:02:25
That sounds all wrong.
1:02:26
That is not what is supposed to happen at all.
1:02:28
And it sounds like because it sounds like procedures weren't followed.
1:02:31
It wasn't done the right way, and the judge threw out the case.
1:02:36
Now there are situations and I and I should add, by the way, one thing we're very clear with with the detectives time and again is you have to document these efforts.
1:02:44
Right?
1:02:44
There will be questions after the fact.
1:02:46
Did you in fact try to contact the parents?
1:02:48
Did you make best efforts?
1:02:51
There are situations in which detectives try to do that.
1:02:56
They are unsuccessful.
1:02:58
Either they can't reach anybody.
1:03:00
There there are times when they do contact someone and the person doesn't engage, doesn't show up.
1:03:07
That that does happen.
1:03:11
And in those situations, if they have made best efforts and there is still no no parent or guardian who is who is coming to to speak with the juvenile, then yes, the detectives will go ahead and and and question that person.
1:03:26
They will.
1:03:27
They'll be recorded.
1:03:28
It must be recorded.
1:03:29
There are no exceptions to that.
1:03:30
Absolutely.
1:03:31
All juvenile interrogations must be recorded.
1:03:33
No exceptions.
1:03:36
But yes, if if best efforts are made, if they're unsuccessful, will the detectives go ahead and conduct a a recorded interrogation of the juvenile?
1:03:45
Yes, they will.
Diana I. Ayala
1:03:46
Okay.