211.059. Rights of child when taken into custody (Miranda warning)--rights of child in custody in abuse and neglect cases. - Missouri Statutes

Rights of child when taken into custody (Miranda warning)--rights ofchild in custody in abuse and neglect cases.

211.059. 1. When a child is taken into custody by a juvenile officeror law enforcement official, with or without a warrant for an offense inviolation of the juvenile code or the general law which would place thechild under the jurisdiction of the juvenile court pursuant to subdivision(2) or (3) of subsection 1 of section 211.031, the child shall be advisedprior to questioning:

(1) That he has the right to remain silent; and

(2) That any statement he does make to anyone can be and may be usedagainst him; and

(3) That he has a right to have a parent, guardian or custodianpresent during questioning; and

(4) That he has a right to consult with an attorney and that one willbe appointed and paid for him if he cannot afford one.

2. If the child indicates in any manner and at any stage ofquestioning pursuant to this section that he does not wish to be questionedfurther, the officer shall cease questioning.

3. When a child is taken into custody by a juvenile officer or lawenforcement official which places the child under the jurisdiction of thejuvenile court under subdivision (1) of subsection 1 of section 211.031,including any interactions with the child by the children's division, thefollowing shall apply:

(1) If the child indicates in any manner at any stage duringquestioning involving the alleged abuse and neglect that the child does notwish to be questioned any further on the allegations, or that the childwishes to have his or her parent, legal guardian, or custodian if suchparent, guardian, or custodian is not the alleged perpetrator, or his orher attorney present during questioning as to the alleged abuse, thequestioning of the child shall cease on the alleged abuse and neglect untilsuch a time that the child does not object to talking about the allegedabuse and neglect unless the interviewer has reason to believe that theparent, legal guardian, or custodian is acting to protect the allegedperpetrator. Nothing in this subdivision shall be construed to prevent theasking of any questions necessary for the care, treatment, or placement ofa child; and

(2) Notwithstanding any prohibition of hearsay evidence, all video oraudio recordings of any meetings, interviews, or interrogations of a childshall be presumed admissible as evidence in any court or administrativeproceeding involving the child if the following conditions are met:

(a) Such meetings, interviews, or interrogations of the child areconducted by the state prior to or after the child is taken into thecustody of the state; and

(b) Such video or audio recordings were made prior to theadjudication hearing in the case. Nothing in this paragraph shall beconstrued to prohibit the videotaping or audiotaping of any such meetings,interviews, or interrogations of a child after the adjudication hearing;and

(3) Only upon a showing by clear and convincing evidence that such avideo or audio recording lacks sufficient indicia of reliability shall suchrecording be inadmissible.

The provisions of this subsection shall not apply to statements admissibleunder section 491.075 or 492.304, RSMo, in criminal proceedings.

(L. 1989 H.B. 502, et al., A.L. 2004 H.B. 1453)