STATE HOUSE – The House today approved legislation sponsored by Rep. Rebecca Kislak to prohibit the questioning of a child suspected of delinquent or criminal behavior without their parent or guardian.

The legislation (2025-H 5298A), which now goes to the Senate, would make inadmissible as evidence against a juvenile any statements made by the juvenile as a result of custodial interrogation, unless the juvenile was advised they could have a parent or guardian present, one was, and that both were advised of the child’s Miranda rights.

“Children are not adults, and they shouldn’t be treated as adults by the criminal justice system. They are far more likely to waive their protections or to provide false confessions under the pressure of interrogations when they are alone and scared,” said Representative Kislak (D-Dist. 4, Providence). “No child should be in that room all by themselves. While it’s good that most law enforcement agencies already apply this standard, we need to codify this practice because there are, unfortunately, cases when kids aren’t afforded this right, and that should never happen.”

The bill provides limited exceptions that would allow such questioning if a private attorney or a public defender were present; if the court finds that the child knowingly, intelligently and voluntarily waived their constitutional rights and misrepresented their age as over 18; they are between 15 and 18 and are emancipated; or their only legal guardian is the Department of Children, Youth and Families, in which case an attorney must be appointed by the court to advise the child.
 
The legislation is supported by Rhode Island Kids Count, the Office of the Public Defender, the American Civil Liberties Union, the Rhode Island Coalition for Children and Families, Human Rights for Kids and the Coalition Against Domestic Violence.

“Children are particularly susceptible to the pressures that come with being in an interrogation setting. Research indicates that the prefrontal cortex, the part of the brain responsible for judgment and decision-making is not fully developed until the mid-twenties. This means that when faced with an interrogation, young individuals are less likely to fully comprehend the consequences of admitting to something that they did not do and may whatever they believe is necessary to escape the interrogation environment and, ideally, return home. Additionally, children are especially vulnerable to external influences, often having been taught to comply with authority figures. This tendency to comply can lead them to be easily swayed by the expectations of police officers or other authority figures during questioning,” said Rhode Island Coalition for Children and Families Executive Director Tanja Kubas-Meyer in written testimony supporting the bill.

The bill now goes to the Senate, where Sen. Meghan E. Kallman (D-Dist. 15, Pawtucket, Providence) is sponsoring companion legislation (2025-S 0148).