H 7195Criminal Procedure

Delinquent and Dependent Children - Proceedings in Family Court

Police cannot use statements from juveniles in custody as evidence unless a parent is present and rights are read.

Held for study

Population
Affected

Introduced Jan 21, 2026Committee House Judiciary

Plain-English Summary

This bill sets new rules for police when they are questioning a juvenile (someone under 18) who is in custody. It states that anything the juvenile says cannot be used as evidence against them in court unless a parent or legal guardian is present during the questioning. Both the juvenile and the parent must be told their rights, including the right to remain silent and the right to a lawyer. Special rules apply if the child is in state care, requiring a lawyer to be present. Exceptions exist for emancipated minors or if the juvenile lied about their age.

For younger readers

This new rule helps protect kids if the police need to ask them questions about a crime. It says that the police cannot use what a kid says against them unless the kid’s mom, dad, or guardian is in the room with them. The police also have to promise to tell the kid and the parent that they don't have to talk and can have a lawyer. If the kid doesn't have parents and is looked after by the state, a lawyer must be there to help them before police can ask questions.

Who & Where It Applies

Impacted groups

JuvenilesParents and legal guardiansLaw enforcement officialsDepartment of Children Youth and Families (DCYF)Criminal defense attorneys

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

Amount unknown

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Significantly protects the rights of minors, who are vulnerable to coercion and false confessions, by ensuring they have adult support and legal understanding during interrogations.
Mandates the appointment of an attorney for youth in the care of the Department of Children, Youth and Families (DCYF) before questioning, ensuring equal protection for foster youth who lack parental advocates.
Codifies the requirement to explicitly advise both the child and guardian of Miranda rights, ensuring that waivers of these rights are truly knowing, intelligent, and voluntary.
Includes a loophole allowing evidence to be used if a juvenile lies about their age and police rely on it in "good faith," which could be abused by law enforcement to bypass these protections.
Relies on parents to protect the child's interest, though parents may not understand the legal system or might pressure the child to confess, whereas a mandatory attorney for all juveniles would be more protective.
Excludes emancipated minors from these protections, despite the fact that they are still legally children and developmentally susceptible to pressure during custodial interrogation.

For Conservatives

Strengthens parental rights by ensuring parents are present and informed before the state questions their children about criminal matters.
Upholds constitutional due process, ensuring that convictions are based on legally obtained evidence and reducing the likelihood of cases being overturned on appeal due to coerced confessions.
Provides clear statutory guidelines for law enforcement officers, reducing ambiguity and potential litigation regarding the admissibility of juvenile statements.
Creates procedural hurdles for law enforcement that may delay investigations and make it more difficult to solve crimes committed by juveniles.
Could result in guilty juvenile offenders avoiding prosecution if technical procedures regarding parental notification or presence are not perfectly followed.
May increase costs to the state by requiring public defenders to be present for interrogations involving DCYF wards or when families cannot afford counsel.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 35 additions

SECTION 1. Chapter 14-1 of the General Laws entitled "Proceedings in Family Court" is hereby amended by adding thereto the following section: 14-1-30.3. Use of statements made in custodial interrogation.

(a) No statements or admissions of a juvenile made as a result of the custodial interrogation of such juvenile, by a law enforcement official, concerning delinquent or criminal acts alleged to have been committed by the juvenile, shall be admissible in evidence against such juvenile, unless:

(1) The juvenile was advised of their right to have a parent or legal guardian present during questioning;

(2) The parent or legal guardian was present during the questioning;

(3) The juvenile and parent or legal guardian were advised prior to questioning, of the following:

(i) The juvenile’s right to remain silent;

(ii) That statements made could be used against them in a court of law;

(iii) That they have the right to have an attorney be present during any questioning;

(iv) That if they cannot afford an attorney, one would be appointed to represent the juvenile at no cost; and

(v) A request for an attorney can be made by the juvenile or the parent or legal guardian at any time during questioning.

(b) Notwithstanding the provisions of subsection (a) of this section, statements or admissions of a juvenile made in the absence of their parent or legal guardian may be admissible if:

(1) A private attorney or public defender was present at such interrogation;

(2) The court finds that, under the totality of the circumstances, the juvenile made a knowing, intelligent and voluntary waiver of their constitutional rights; and the juvenile misrepresented their age as being eighteen (18) years of age or older and the law enforcement official acted in good faith reliance on such representation in conducting the interrogation; or

(3) The juvenile is emancipated from their parent or legal guardian.

(c) For purposes of this section, a juvenile shall be deemed emancipated if they are over the age of fifteen (15) years of age and under the age of eighteen (18) years of age, and have the real or apparent assent of their parents, has demonstrated independence in matters of care, custody and earnings. The term emancipated may include, but not be limited to, a showing that the juvenile is married, in the military, or is otherwise self-supporting.

(d) In those instances where the only legal guardian for the juvenile is the department of children, youth and families, no interrogation shall take place unless and until an attorney has been appointed by the court to advise the juvenile.

(e) In the event that any provision of this section is in conflict with any provision of chapter 21.5 of title 16, the provisions of this section shall apply.

SECTION 2. This act shall take effect upon passage.