Administrative Procedure 352
INTERROGATIONS BY EXTERNAL PERSONNEL Background Members of outside agencies, such as police officers and Child and Family Services workers, may wish to interview a student at school during the school day. School staff members are expected to cooperate with the police or other appropriate civilian authorities in the execution of their duties. However, staff members also have a responsibility to function in the place of the parent during school hours. Procedures 1. Interviews of students when permitted, will be conducted in a manner that ensures students’ individual rights are protected. 2. Law enforcement officers, legal guardians of a student, and under some circumstances, Child and Family Services authorities may interview students at school. 3. Interviews by Law Enforcement officers 3.1
The district strongly encourages investigating officers and officials to conduct their investigation of students away from the school, unless they deem such interviews essential for a proper investigation.
3.2
When law enforcement authorities find it necessary to visit a school to interview a student, they shall report to the principal, provide appropriate identification of themselves and make known the purpose of their visit. The principal shall record and retain the contact information of all law enforcement officers present.
3.3
Prior to the interview taking place, attempts are to be made to contact the parents/legal guardians, except in cases where the investigation has to do with alleged child abuse/neglect by the parent/legal guardian. If possible, parents/legal guardians are to be present at the interview.
3.4
If the parent/legal guardian cannot be present:
3.5
3.4.1
The principal or designate may sit in on the interview at the request of the youth.
3.4.2
The principal or designate does not automatically have the right to be present at interviews.
3.4.3
Students have the right to select their own advocate and may waive the right to have an adult present.
The principal will bring the student to the office where the interview will take place.
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3.6
The law enforcement officer is responsible for informing a student twelve to seventeen (12 to 17) years of age that: 3.6.1
The student is under no obligation to give a statement;
3.6.2
Any statement given by the student may be used as evidence in proceedings against them;
3.6.3
The student has the right to consult with: counsel or a parent/legal guardian; or, in the absence of a parent/legal guardian or adult relative, any other appropriate individual of their choice that is over eighteen (18) years of age; and
3.6.4
Any statement made by the student must be made in the presence of the person consulted unless the student expressly waives that right in writing.
3.7
If the student requests the principal or other staff member be present during the interview, it is desirable that the individual comply “in loco parentis”. However, the staff member is not obligated. Therefore, if the request is refused, the student may select another adult to be present.
3.8
The principal or designate can request to “sit in” on the interview, as a silent observer. The law enforcement officer is then responsible to inform the student of the request. If the student does not consent, the principal or designate may then: 3.8.1
Allow the interview to proceed without the principal or designate in attendance; or
3.8.2
Request that the interview be removed from the school premises.
3.9
Before removing a student from the school, the law enforcement officer is to communicate by phone with the parent/legal guardian and inform them of the course of action taken.
3.10
In the event of arrest/apprehension, the law enforcement officer and the student shall leave the school immediately.
3.11
The responsibility for notifying parents/legal guardians about an investigation rests with the law enforcement officer. The principal is to clarify with the law enforcement officer that the parents/legal guardians will be informed about the investigation, any arrest taking place and the contact information of the law enforcement officer, if it involves students under eighteen (18) years of age, and when contact with the parents/legal guardians will be made.
3.12
The principal is required to express the district’s position to law enforcement officers.
3.13
Any unusual circumstances must be reported immediately to the superintendent or designate.
4. Interview by Child and Family Services Workers 4.1
When Child and Family Services workers find it necessary to visit a school to interview a student, they shall report to the principal, provide appropriate identification, make known the nature of the investigation and indicate why the interview must be conducted. The principal shall record and retain the contact
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information of all Child and Family workers present. 4.2
If the matter is urgent and there is a need to conduct the interview during school hours, the principal or designate shall advise the official of the location of the student and escort the official to that location, after which the principal will bring the student to the office where the interview will take place.
4.3
Interviews are to be permitted on school premises in cases of suspected child abuse or neglect when the investigation involves suspected physical/sexual abuse.
4.4
The principal, following consultation with the student and the Child and Family Services worker, will determine whether or not it is in the best interest of the child to have a staff member sit in on the interview.
4.5
Child and Family Services authorities have the power to apprehend a child where there is sufficient evidence to suggest the child is in need of protection.
4.6
Child and Family Services are not authorized to take a child from the school unless they have apprehended them or the child is under wardship.
4.7
The responsibility for notifying parents/legal guardians about an investigation rests with the Child and Family Services worker. The principal is to clarify with the worker that the parents/legal guardians will be informed about the investigation, any apprehension taking place and the contact information of the Child and Family Services workers, if it involves students under eighteen (18) years of age, and when contact with the parents/legal guardians will be made.
Approval Date:
April 12, 2016
Reference:
School Act, Section 18, 20, 45, 45.1, 60, 61, 113 Child, Youth and Family Enhancement Act Youth Criminal Justice Act Criminal Code (Canada)
Calgary Roman Catholic Separate School District No. 1 Administrative Procedures Manual
April 2016 Page 3 of 3