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what is law on questioning 5 year olds

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robertakay

Junior Member
Oklahoma. what is the law (in any state) on CPS wanting to 'question' someone's child alone? Doesn't the child have a right of representation as well as the parents?
 


robertakay

Junior Member
even someone being questioned about a murder gets legal representation!

you must be an attorney....even someone being questioned about a murder can have legal representation! are you saying that the child nor the parents have that same right?
 

Happy Trails

Senior Member
robertakay said:
you must be an attorney....even someone being questioned about a murder can have legal representation! are you saying that the child nor the parents have that same right?
CPS is there to do their job. The child isn't being arrested. The parents shouldn't be in there especially if there are allegations against them.
 

casa

Senior Member
robertakay said:
Oklahoma. what is the law (in any state) on CPS wanting to 'question' someone's child alone? Doesn't the child have a right of representation as well as the parents?
CPS can question children at their school without parents present also. Why would the parents have to be there? Usually it's a complaint against the parents...and abused children will rarely admit the abuse if the abusers are standing right next to them. :rolleyes: The child doesn't need an attorney because the child isn't in any 'trouble'.
If the parents are adequate parents, they have nothing to worry about.

If you want to find out the procedures and Rights re; CPS investigations- it's all outlined on their website.
 

CdwJava

Senior Member
kat1963 said:
This was during school correct? To make sure it doesn't happen again here is a reverse miranda rights card for you to place in the school file & have your child carry:
http://www.e-thepeople.org/a-national/comment/22050/1/view

KAT
And it's completely irrelevant unless the child is under arrest or being charged with a crime. If the child is a witness to the proceeding, unless OK law prevents it, CPS and the police can still talk to the child.

The school might require parental notification of a parent if a child is being taken out of class to talk to the police as a witness or victim, but most (perhaps, ALL) states do not have a law requiring that notification of the police by CPS.

- Carl
 

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