S 2158Criminal Procedure

Delinquent and Dependent Children - Proceedings in Family Court

Police cannot use a juvenile's statement as evidence unless a parent or lawyer was present during the questioning.

Held for study

Population
Affected

Introduced Jan 16, 2026Committee Senate Judiciary

Plain-English Summary

This bill establishes new rules for police when they are questioning a juvenile (someone under 18) about a crime. It states that anything the juvenile says cannot be used against them in court unless their parent or legal guardian was present during the questioning. The police must also inform both the child and the parent of the child's rights, including the right to remain silent and the right to a lawyer. There are exceptions, such as if a lawyer is already present, if the juvenile is legally emancipated, or if the juvenile lied about their age.

For younger readers

This new rule helps protect kids when they have to talk to the police. If the police want to ask a child questions about a crime they might have done, the police cannot use what the child says against them in court later unless the child's mom, dad, or guardian is in the room with them. The police also have to explain that the child doesn't have to talk and can have a lawyer. If the child doesn't have parents around, a lawyer must be there to help them.

Who & Where It Applies

Impacted groups

JuvenilesParents and legal guardiansLaw enforcement officersDefense attorneysDepartment of Children Youth and Families (DCYF)

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

Amount unknown

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Protects vulnerable youth from coercive police tactics and false confessions by ensuring they have adult guidance during high-pressure interrogations.
Strengthens due process rights for minors, particularly those in the care of the state (DCYF), by mandating legal counsel before questioning can occur.
Ensures that the waiver of constitutional rights (Miranda rights) is genuinely knowing and voluntary, acknowledging that children often lack the capacity to fully understand these rights on their own.
The exception allowing admissibility if a juvenile misrepresents their age and police act in "good faith" could be utilized as a loophole to bypass these protections.
Allows emancipated minors (who may be as young as 15) to be interrogated without an adult or attorney present, despite their brains still being developmentally immature.
Relying on parents to protect a child's rights may be insufficient if the parents are intimidated by police or do not fully understand the legal implications themselves, compared to mandating an attorney in all cases.

For Conservatives

Reinforces the fundamental role of the family unit by codifying the right of parents to be present and involved when their child is facing serious legal jeopardy.
Provides clear procedural guidelines for law enforcement, which can help prevent cases from being overturned on technicalities due to coerced confessions.
Ensures that constitutional waivers are legally sound, protecting the integrity of the judicial process and the rule of law.
Creates significant bureaucratic hurdles for law enforcement officers trying to solve crimes, potentially delaying investigations while waiting for parents or guardians.
Could result in guilty juvenile offenders, including those involved in violent crimes, avoiding conviction if a voluntary confession is thrown out due to a technical failure to have a parent present.
Restricts the ability of police to gather time-sensitive intelligence on criminal activity involving youth gangs or networks if they cannot immediately question a suspect.

Votes

Loading votes...

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.