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od Me ’ tok eh a ee he es 0 | et 1 A ake os a SENSITIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 (discussion with United States Attorney, filing of complaint, issuance of warrant) also govern arrests of juveniles. After arrest, however, the| Federal | Juvenile Delinquency|Act|requires strict compliance with the following procedures: (1) Advice of Rights - The arresting Agent should immedsately advise the arrested juvenile of his/her “legal rights" in language comprehensible to the juvenile. The rights found on the standard Form FD-395 meet this requirement. However, inasmuch as no interrogation will be conducted (See Section 3-16.2(5)), it is not necessary to obtain @ waiver from the juvenile at this time. (See MIOG, Part 2, Section 4-2.2.1.) (2) Notifacation to U.S. Attorney and Juvenile's Parents - The arresting Agent must immediately notify the USA and the juvenile'’s parents, guardian, or custodian, of such custody. The parents, guardian, or custodian must also be notified of the juvenile's rights and the nature of the alleged offense. (See MIOG, Part 2, Section 4-2.2.2.) (3) Initial Appearance Before Magistrate - Agents must take the arrested juvenile before a magistrate forthwith. The magistrate must release the juvenile to his/her parents or guardian (or other responsible party) unless he/she determines that detention is necessary to secure the juvenile's timely appearance before the court, or to ensure the yuvenile's safety or that of others. This determination can be made only after a hearing at which the juvenile is represented by counsel. (See MIOG, Part 2, Section 4-2.2.6.) (4) Record of Notification and Appearance ~ Since proof of timely notification to parents and prompt appearance before the magistrate is essential, Agents are required to prepare FD-302(s) recording the following facts: (a) That the juvenile was advised of his/her rights: (b) That the USA was notified: (c) That the parents, guardian, or custodian, was notified; and (d) That the juvenile was taken before a magistrate. (See MIOG, Part 2, Sections 4-2.2.2 and 4-2.2.6.) (5) Interrogation and Interviews - A juvenile is not to be interrogated for a confession or admission of his/her own guilt, or even an exculpatory statement between the time of his/her arrest for a federal offense and his/her initial appearance before the magistrate who advised him/her of his/her rights. Information volunteered by the arrested juvenile concerning his/her own guilt should be recorded in the Agent's notes for use in subsequent proceedings, and clarifying questions may be asked as necessary to make certain what the juvenile SENSITIVE Printed: 08/20/2003 06:43:34 Page 15 MT TT en