51
Parental Notification
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From the moment that a juvenile is detained, he or she is
entitled to
juvenile custody and notification of parents. By statute, the
officer arresting
a juvenile is required to advise a juvenile of his rights, and must
immediately
notify the Attorney General (notice to the United States Attorney
is sufficient)
and the juvenile's parents, guardian, or custodian of such custody.
18 U.S.C.
§ 5033. The arresting officer also is required to notify the
parent,
guardian, or custodian of the rights of the juvenile and of the
nature of the
alleged offense. Id. The juvenile must be taken before a
magistrate as
soon as possible and within a reasonable period of time.
Id. The duties
of the magistrate at that time are set forth in 18 U.S.C. §
5034. A federal
magistrate-judge cannot preside at substantive proceedings if the
underlying
crime is a Class A misdemeanor or felony, and a magistrate-judge
has no power to
impose imprisonment. 18 U.S.C. § 3401(g).
[cited in Criminal Resource Manual 48] | |