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Rule 27A. Admissibilityof statements given by minors.

(a) If a minor is in custody for the alleged commission of anoffense that would be a crime if committed by an adult, any statement given bya minor in response to questions asked by a police officer is inadmissibleunless the police officer informed the minor of the minor's rights beforequestioning begins.

(b) If the child is under 14 years of age, the child is presumednot adequately mature and experienced to knowingly and voluntarily waive orunderstand a child?s rights unless a parent, guardian, or legal custodian ispresent during waiver.

(c) The presumption outlined in paragraph (b) may be overcome by apreponderance of the evidence showing the ability of a child to comprehend andwaive the child?s rights.

(d) The state shall retain the burden of proving that the waiver ofthe minor?s rights was knowing and voluntary regardless of the age of the childor minor.?

Effective Date:? May1, 2020