Section 206 – Interrogation of a child — Presence of a parent, legal guardian, or other adult — Interrogation of a minor in a facility — Prohibition on false information or unauthorized statement.

Effective 9/1/2022
80-6-206. Interrogation of a child — Presence of a parent, legal guardian, or other adult — Interrogation of a minor in a facility — Prohibition on false information or unauthorized statement.

• (1) As used in this section:
  • (a) “Custodial interrogation” means any interrogation of a minor while the individual is in custody.
  • (b)
    • (i) “Friendly adult” means an adult:
      • (A) who has an established relationship with the child to the extent that the adult can provide meaningful advice and concerned help to the child should the need arise; and
      • (B) who is not hostile or adverse to the child’s interest.
    • (ii) “Friendly adult” does not include a parent or guardian of the child.
  • (c)
    • (i) “Interrogation” means any express questioning or any words or actions that are reasonably likely to elicit an incriminating response.
    • (ii) “Interrogation” does not include words or actions normally attendant to arrest and custody.

• (2) If a child is subject to a custodial interrogation for an offense, the child has the right:
  • (a) to have the child’s parent or guardian present during an interrogation of the child; or
  • (b) to have a friendly adult present during an interrogation of the child if:
    • (i) there is reason to believe that the child’s parent or guardian has abused or threatened the child; or
    • (ii) the child’s parent’s or guardian’s interest is adverse to the child’s interest, including that the parent or guardian is a victim or a codefendant of the offense alleged to have been committed by the child.

• (3) If a child is subject to a custodial interrogation for an offense, the child may not be interrogated unless:
  • (a) the child has been advised of the child’s constitutional rights and the child’s right to have a parent or guardian, or a friendly adult if applicable under Subsection (2)(b), present during the interrogation;
  • (b) the child has waived the child’s constitutional rights;
  • (c) except as provided in Subsection (4), the child’s parent or guardian, or the friendly adult if applicable under Subsection (2)(b), was present during the child’s waiver under Subsection (3)(b) and has given permission for the child to be interrogated; and
  • (d) if the child is in the custody of the Division of Child and Family Services and a guardian ad litem has been appointed for the child, the child’s guardian ad litem has given consent to an interview of the child as described in Section 80-2-705.

• (4) A child’s parent or guardian, or a friendly adult if applicable under Subsection (2)(b), is not required to be present during the child’s waiver under Subsection (3) or to give permission to the interrogation of the child if:
  • (a) the child is emancipated as described in Section 80-7-105;
  • (b) the child has misrepresented the child’s age as being 18 years old or older and a peace officer has relied on that misrepresentation in good faith; or
  • (c) a peace officer or a law enforcement agency:
    • (i) has made reasonable efforts to contact the child’s parent or legal guardian, or a friendly adult if applicable under Subsection (2)(b); and
    • (ii) has been unable to make contact within one hour after the time at which the child is taken into custody.

• (5)
  • (a) If an individual is admitted to a detention facility under Section 80-6-205, committed to a secure care facility under Section 80-6-705, or housed in a secure care facility under Section 80-6-507, and the individual is subject to a custodial interrogation for an offense, the individual may not be interrogated unless:
    • (i) the individual has had a meaningful opportunity to consult with the individual’s appointed or retained attorney;
    • (ii) the individual waives the individual’s constitutional rights after consultation with the individual’s appointed or retained attorney; and
    • (iii) the individual’s appointed or retained attorney is present for the interrogation.
  • (b) Subsection (5)(a) does not apply to a juvenile probation officer, or a staff member of a detention facility, unless the juvenile probation officer or the staff member is interrogating the individual on behalf of a peace officer or a law enforcement agency.

• (6) A minor may only waive the minor’s right to be represented by counsel at all stages of court proceedings as described in Section 78B-22-204.

• (7) If a child is subject to a custodial interrogation for an offense, a peace officer, or an individual interrogating a child on behalf of a peace officer or a law enforcement agency, may not knowingly:
  • (a) provide false information about evidence that is reasonably likely to elicit an incriminating response from the child; or
  • (b) make an unauthorized statement about leniency for the offense.

Amended by Chapter 155, 2022 General Session, (Coordination Clause)
Amended by Chapter 155, 2022 General Session
Amended by Chapter 312, 2022 General Session
Amended by Chapter 335, 2022 General Session