Juvenile arrest rights

[silence_1]

What is the name of your state (only U.S. law)? California

Where can I find the code that gives a child the right to immediatley make a phone call opn arrest. That the officer is to immediately contact the parents.

Does the W.&I.C. apply to a minor's first arrest.

what is the defrence between a "dependant child" and a delinquent child in W.&I.C. 300. Does this code apply to a child's first arrest and detention?

Can a cal. Police office withhold a phone call from a minor after they have been arrested? Are they obligated to offer the minor a phone call?

Need case files and codes if possible asap.

Thank you!

[Zigner]

Originally Posted by silence_1

What is the name of your state (only U.S. law)? California

Where can I find the code that gives a child the right to immediatley make a phone call opn arrest.

What code is that?

That the officer is to immediately contact the parents.

They are?

(you can see where this is going)

[CdwJava]

Originally Posted by silence_1

Where can I find the code that gives a child the right to immediatley make a phone call opn arrest. That the officer is to immediately contact the parents.

No such statute exists ... at least, not that implies an officer must drop what he is doing and call the parents or allow the child a phone call.

Pursuant to W&I 627, when an officer takes a juvenile to a place of confinement such as juvenile hall or other facility, he or she is required to "take immediate steps" to notify the parents or guardians, if possible. Within one hour of being taken to such a place of confinement, the juvenile shall be permitted to make at least two completed phone calls. Under PC 851.5, if the child is arrested for a criminal act (covered under W&I 602) they are entitled to THREE completed calls.

Does the W.&I.C. apply to a minor's first arrest.

Sure.

what is the defrence between a "dependant child" and a delinquent child in W.&I.C. 300. Does this code apply to a child's first arrest and detention?

The word "delinquent" does not appear in W&I 300. A "dependent child" is spelled out within the section. But, a delinquent child certainly can fall within one of the categories of W&I 300.

Can a cal. Police office withhold a phone call from a minor after they have been arrested? Are they obligated to offer the minor a phone call?

Except when physically not possible, the call must be offered within one hour of the juvenile's being taken to a place of confinement.

Perhaps you'd care to explain some of the details of this incident so that any answers could be more appropriately directed?


- Carl