Can the DCF or police talk to a minor without the parent's consent or knowledge?

I would think they can but you might want to consult a lawyer about it.

I can only speak to my own experience, but I think it’s legal. When my daughter got run over, she was 13, and almost lost her foot. (She didn’t, BTW). When she was still in the hospital, a social worker waited for me to leave the room then went in and questioned her. When I got back she was freaked because the lady kept asking her if she “felt safe” around me. Then I got freaked. I asked the hospital’s admins (and the nurses, they know everything!) and they said it was SOP, and indeed legal and required whenever a minor was hospitalized after an accident.
This was in NJ in 2002.

I believe they can as the investigator may not allow the parents to be present while they conduct the interview as they do not want the child to be influenced in any way by having a parent present. However, you can ask that your attorney be present for the interview.

It sounds like an upsetting incident and being investigated is not pleasant. However DCF is only doing what it is required to do and cooperating fully is always going to be the best policy.

She had no problem cooperating. None at all.
She just wished they had just let her know.

Yes, it is legal. But I understand how it would be upsetting.

Exactly @Caravanfan.
If anyone’s in trouble it’s their dad. I hope he gets into some deep shit over this.

I’ve always been under the impression that the parent or legal guardian must be present before questioning. I’m pretty sure that this rule comes into play when a minor has been arrested and the parent is there to keep them from incriminating themselves. In this case, DCF is trying to build a case against the parents for neglect, so I doubt that they’d ask the Q’s with the parents present because the child wouldn’t be honest. This covers NY so Kansas may be different. I suggest your daughter speak with an attorney to verify the laws in her state

Yikes. I believe it’s legal here, too, in certain cases.

Did he leave them alone in a running vehicle for 45 minutes? Even without the leak that is dangerous with littles in several ways.
I’m sure your daughter is fine legally, she wasn’t there. I bet he feels like an ass.

My guess is that if they suspect abuse, they can talk to the child without parental presence or approval.

My thoughts too @janbb.

In the situation I described above, it wasn’t about suspected abuse or anything, it was explained to me that it is standard in any case where a child is admitted to the ER if the situation is not instantly obvious (for example, a car accident where the driver is also injured), and even then they try to make sure that the driver has the right to have the child in the car.

@KNOWITALL no. They had a long drive to Boys and Girls Club, across town. He stopped at a gas station for donuts.
When they got to B&G Club, and Savannah got out of the car, she fell down because she couldn’t feel her legs.
Kale had a seizure.
I’m sure they’re examining the car.

I don’t do any legal support work for attorneys practicing in Kansas, and I have no approved training on state statutes that would apply directly to the situation you describe. I’m not a lawyer and can’t give you or anyone else legal advice. However, I’ll share my personal opinion just for discussion.

From past experience with law enforcement and local government agencies in other jurisductions I’m aware that police and child protective services generally follow two different sets of rules regarding contact with minors: One standard is based on juvenile criminal procedure and protections against unlawful interrogation, the other involves a delegated duty to to apply the state’s protective power in the best interests of children. These different standards sometimes overlap in cases where both police and state child welfare agencies are engaged in the same investigation. Not all states require that law enforcement be involved in an initial response to a complaint of child endangerment. Kansas evidently does. But exercise of police power only becomes an issue if and when facts indicate a felony or misdemeanor has been committed. Action by state agency employees is usually a different story, and can lead to intervention into family relations even in the absence of criminal evidence.

A quick check of the Kansas Department of Children and Families field manual shows they have a detailed procedure for inteviewing children following reports of injury or neglect:
http://content.dcf.ks.gov/pps/robohelp/ppmgenerate/PPS_Policies/2000_Investigation_and_Assessment/2140_Interviewing_Children.htm

Under Rule 2140 the manual states -

“Parental permission is not required to interview a child who is the subject of a report of suspected child abuse and/or neglect. If it is determined parental cooperation is essential to an adequate investigation of a report, parental permission to interview a child shall be sought.

“Whenever it is necessary to interview a child without parental consent, attempts shall be made to notify the parent/caregiver the same day as the interview with the child and an explanation provided for the interview.

“Interviewing Children at School:

“Whenever possible, advance notice should be given the school administrator of the need for an at-school interview. A mutual understanding should be reached between DCF and the school administration that a parent should NOT be notified of the interview unless such notice is approved by DCF or a law enforcement officer on a case by case basis. DCF is responsible to notify the parent of the interview at a time when it will not interfere with the investigation.”

SO – For what it’s worth, my own feeling is that according to the above regulations DCF was probably not out of line in talking to these kids without parents being present. It also seems likely that if you’re right about all the other details this will blow over pretty quickly, and no other action will be taken.

Good luck.

@JLoon

”From past experience with law enforcement and local government agencies in other jurisdictions I’m aware that police and child protective services generally follow two different sets of rules regarding contact with minors:”

You are correct. Child services are allowed to ask questions and they don’t always have to notify parents as you said.

For police, however, typically when it comes to minors, parents are the equivalent of a lawyer. Although one big difference is with minors, police really need to talk to parents first depending on the situation such as if the child is a suspect/victim of a crime.

As for your OP @Dutchess

This sounds more like a wellness check, and if they are worried about the well being of a child they don’t have to notify parents. They want the truth, kids wouldn’t tell the truth about abuse in front of parents so child services doesn’t want to have to notify parents.

I don’t see a problem with it. It’s not like they broke the law…

I have nothing to add to answer your question, but wanted to say that I’m glad everyone escaped serious harm.

God. So am I @Chyna.

@all it was an accident. But their Dad is an asshole, just the same.

@kritiper, it can be very problematic, as the practice can severely frighten children who are in the hospital. I don’t have a solution, other than maybe to have, available at all times, a CASA representative who can soothe the child and reassure them as it happens.
Sick and/or injured children do not benefit from being very frightened.

^^^ And the so called “professionals” can be incredibly stupid abd tactless with their questioning tactics.