38-2333. Juvenile less than 14, admission or confession from interrogation. - Kansas Statutes

38-2333

Chapter 38.--MINORS Article 23.--REVISED KANSAS JUVENILE JUSTICE CODE

      38-2333.   Juvenile less than 14, admission orconfession from interrogation.(a) When the juvenile is less than 14 years of age, noadmission or confessionresulting from interrogation while in custody or under arrest may be admittedinto evidenceunless the confession or admission was made following a consultation betweenthe juvenile's parent or attorney as to whether the juvenile will waive theright to an attorney and the rightagainst self-incrimination. It shall be the duty of the facility where thejuvenile has beendelivered to make a reasonable effort to contact the parent immediately uponthe juvenile'sarrival unless the parent is the alleged victim or alleged codefendant of thecrime underinvestigation.

      (b)   When a parent is the alleged victim or alleged codefendant of thecrime under investigationand the juvenile is less than 14 years of age, no admission or confession maybe admitted intoevidence unless the confession or admission resulting from interrogation whilein custody orunder arrest was made following a consultation between the juvenile and anattorney, or a parentwho is not involved in the investigation of the crime, as to whether thejuvenile will waive theright to an attorney and the right against self-incrimination. It shall be theduty of the facilitywhere the juvenile has been delivered to make reasonable effort to contact aparent who is notinvolved in the investigation of the crime immediately upon such juvenile'sarrival.

      (c)   After an attorney has been appointed for the juvenile in the case, theparent may not waive thejuvenile's rights.

      History:   L. 2006, ch. 169, § 33; Jan. 1, 2007.