Hurricane Katrina: Legal Issues - Columbus School of Law

A child must be immediately informed of: (1) the reason for his/her custody; (2) the time and place when the
detention or shelter hearing will be held; (3) the child’s right to counsel; and (4) the rules and regulations of the place
at which the child is being held.
If a child is being detained, there must be a hearing within 48 hours of the child being detained so that the judge can
decide whether the child should stay in detention or be released.
A child has the right to immediately call their parent(s), guardian, custodian, lawyer, or youth court personnel. After
that initial call, a child may use the phone at reasonable intervals.
A child may be visited by counsel and authorized youth court personnel at any time. A child may be visited by their
parent(s), guardian, or custodian at any time during visiting hours at least 3 days per week unless the judge
determines that it is not in the child’s best interests.
When a child is in custody, only a child’s lawyer, Guardian Ad Litem, and authorized youth court personnel (such as
a youth court intake officer or a youth court prosecutor) may interview or interrogate a child without approval from
the judge. Anyone else, including a police officer, must obtain approval from the youth court judge before speaking
to a child in custody.
What Rights Do Parties Have With Regard To The Detention Or Shelter Hearing?
Reasonable oral or written notice of the time, place and purpose of the hearing must be given to the child, the child’s
parent, guardian or custodian, the Guardian Ad Litem and to the child’s lawyer. If the child’s parent, guardian or
custodian cannot be found, the youth court may hold the hearing in their absence.
All parties have the right to present evidence and to cross-examine witnesses produced by others.
What Rights Does A Child Have With Regard To The Adjudicatory Hearing?
1.
Right to counsel
2.
Right to remain silent
3.
Right to subpoena witnesses
4.
Right to cross-examine witnesses testifying against him/her
5.
Right to appeal
What Rights Does A Parent Have In An Abuse And Neglect Proceeding?
A parent has a right to a lawyer. An adult who wants an attorney to protect his or her interests must provide this for
him/herself. If a parent decides that she wants an attorney, she must tell the youth court judge that she needs time to
acquire legal assistance.
A parent has the right to represent him/herself. This means that a parent can call witnesses to speak on her behalf and
present evidence for her case.
The youth court proceedings will not cause a parent to have a criminal record, but anything a parent says during an
abuse and neglect hearing can be used against her in a criminal proceeding if criminal charges are filed.
DEFINITIONS
Abused Child
A child whose parent, guardian, custodian, or any other person responsible for his/her care or support, whether legally