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Rule 8.Rights of minor while in detention.

(a) A minor shall be advised ofthe right to telephone the minor's parent, guardian or custodian and anattorney immediately after being admitted to a detention facility.

(b) A minor has a right to conferin private at any time with an attorney, cleric, parent, guardian or custodian.After the initial visit, the minor may visit such persons at reasonablyestablished visiting hours, or at other times when special circumstances sowarrant.

(c) No person other than aprobation officer or a staff member of a detention facility shall be permittedto interview a child under 14 years of age held in the facility regarding anoffense chargeable against the child without the child?s parent, guardian orcustodian present, unless:

(c)(1) theparent, guardian or custodian has given written permission for the interview tobe held outside the presence of the child?s parent, guardian, or custodian;

(c)(2) theparent, guardian or custodian had been advised of the child?s constitutionalrights as provided in Rule 26(a) and has knowingly and voluntarily waived suchrights; and

(c)(3) thechild had been advised of the child?s constitutional rights as provided in Rule26(a) and has knowingly and voluntarily waived such rights.

(d) No person other than aprobation officer or a staff member of a detention facility shall be permittedto interview a child 14 years of age or older in a detention facility regardingan offense chargeable against the child without the consent of the child andthe child?s parent, guardian or custodian after first advising said child ofconstitutional rights as described in Rule 26 and such rights having beenknowingly and voluntarily waived by the child .

(e) If the child?s parent,guardian or custodian is not available, the consent of the court shall beobtained before interviewing a child in a detention facility.

 AdvisoryCommittee Notes