Section 211.059

Title XII PUBLIC HEALTH AND WELFARE

Chapter 211

Effective - 28 Aug 2004, 2 histories, see footnote   (history) 

  211.059.  Rights of child when taken into custody (Miranda warning) — rights of child in custody in abuse and neglect cases. — 1.  When a child is taken into custody by a juvenile officer or law enforcement official, with or without a warrant for an offense in violation of the juvenile code or the general law which would place the child under the jurisdiction of the juvenile court pursuant to subdivision (2) or (3) of subsection 1 of section 211.031, the child shall be advised prior to questioning:

  (1)  That he has the right to remain silent; and

  (2)  That any statement he does make to anyone can be and may be used against him; and

  (3)  That he has a right to have a parent, guardian or custodian present during questioning; and

  (4)  That he has a right to consult with an attorney and that one will be appointed and paid for him if he cannot afford one.

  2.  If the child indicates in any manner and at any stage of questioning pursuant to this section that he does not wish to be questioned further, the officer shall cease questioning.

  3.  When a child is taken into custody by a juvenile officer or law enforcement official which places the child under the jurisdiction of the juvenile court under subdivision (1) of subsection 1 of section 211.031, including any interactions with the child by the children's division, the following shall apply:

  (1)  If the child indicates in any manner at any stage during questioning involving the alleged abuse and neglect that the child does not wish to be questioned any further on the allegations, or that the child wishes to have his or her parent, legal guardian, or custodian if such parent, guardian, or custodian is not the alleged perpetrator, or his or her attorney present during questioning as to the alleged abuse, the questioning of the child shall cease on the alleged abuse and neglect until such a time that the child does not object to talking about the alleged abuse and neglect unless the interviewer has reason to believe that the parent, legal guardian, or custodian is acting to protect the alleged perpetrator.  Nothing in this subdivision shall be construed to prevent the asking of any questions necessary for the care, treatment, or placement of a child; and

  (2)  Notwithstanding any prohibition of hearsay evidence, all video or audio recordings of any meetings, interviews, or interrogations of a child shall be presumed admissible as evidence in any court or administrative proceeding involving the child if the following conditions are met:

  (a)  Such meetings, interviews, or interrogations of the child are conducted by the state prior to or after the child is taken into the custody of the state; and

  (b)  Such video or audio recordings were made prior to the adjudication hearing in the case.  Nothing in this paragraph shall be construed to prohibit the videotaping or audiotaping of any such meetings, interviews, or interrogations of a child after the adjudication hearing; and

  (3)  Only upon a showing by clear and convincing evidence that such a video or audio recording lacks sufficient indicia of reliability shall such recording be inadmissible.  

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The provisions of this subsection shall not apply to statements admissible under section 491.075 or 492.304 in criminal proceedings.

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(L. 1989 H.B. 502, et al., A.L. 2004 H.B. 1453)