SCOTUS Empowers CPS

Justice BRADY dissenting. 

 "The manner in which school officials and law 

enforcement interrogated J.D.B. more resembles hunters carefully 

and selectively targeting their prey than a fair juvenile 

investigation consistent with our General Statutes.  Because I 

 believe the Juvenile Code affords heightened protections against 

self-incrimination to juveniles, especially in the restrictive 

environment of a public middle school, I respectfully dissent." 

Carefully weighing the powers of state enforcement and parens patriae, the Supreme Court of the United States considers in-school police interrogations of juveniles, without consent or representation, especially when the child is considered as 'special needs', to be acceptable in the non-requirement of the reading of Miranda rights in an off ground incident, because the child is not considered to be in 'custody'.

Well, if this is the case, that means this is a major milestone in the area of child welfare law.  This means that Child Protective Services (CPS) can interview a child in school without warrant or consent of the guardian because the child is actually in the custody of the state.

When a custodian/guardian enrolls a child into a public school district, there is a temporary transference of physical custody for the child to attend.  Expanding upon this temporary transference of physical custody, a custodian/guardian will sign temporary authority over to the school for medical and educational authority.  There are even statutes on the books which make it a violation of law not to return the child to the temporary custody of a school, Monday through Friday, 8:00 a.m. to 3:30 p.m.

SCOTUS decided otherwise.

Because we conclude that J.D.B. was not in custody when he incriminated himself to the police, we hold that he was not entitled to the protections of N.C.G.S. Sec. 7B-2101 (a) and Miranda v. Arizona.

If this is the case, which I am quite sure, this means SCOTUS did not examine temporary custody under the doctrine of parens patriea, as usual.  This would mean CPS could interview your child in the school due to previous temporary transfer of authority.  The school is granted the powers of parens patriea as arms of the state.

All I know is that a school better notify me before anything goes down and wait for my permission for anything outside of what I authorized to transpire. 

I have got to finish my book.

J.D.B. v. North Carolina U.S. Supreme Court Opinion