Police are free to approach and question any child who may have witnessed or been the victim of a crime, just as they can contact and interview an adult. Police can question a child without a parent present and are not typically required to obtain permission from a parent before questioning the child.
However, if a parent is present when the police approach the child or police ask permission in advance, a parent can refuse to allow the child to be interviewed. A lawyer (hired by the parent) also can refuse an interview on a child’s behalf.
Children themselves can refuse to be questioned and can also request that a lawyer or a parent be present during any questioning. If police begin to question the child and the child asks for a parent, the police should stop and allow the child to contact their parent.
