I've always had a thought.

Your child is at school. During the middle of the day, they get in some kind of trouble and they get in it deep enough to where the School Resource Officer has to get involved and start to investigate things that happened, and your kid is in the hot seat.

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Is it legal for them to question your child without your consent in Montana?

The short answer is yes.

Police are legally allowed to question a minor in Montana if they are in custody or being detained.

However, they have rights determined by Montana Code 41-5-331:

Rights of youth taken into custody -- questioning -- waiver of rights.

When a youth is taken into custody for questioning upon a matter that could result in a petition alleging that the youth is either a delinquent youth or a youth in need of intervention, the following requirements must be met:

-The youth must be advised of the youth's right against self-incrimination and the youth's right to counsel.

- The investigating officer, juvenile probation officer, or person assigned to give notice shall immediately notify the parents, guardian, or legal custodian of the youth that the youth has been taken into custody, the reasons for taking the youth into custody, and where the youth is being held. If the parents, guardian, or legal custodian cannot be found through diligent efforts, a close relative or friend chosen by the youth must be notified.

They have a right to request a parent/guardian as well as a lawyer before answering any questions put forth by an investigating officer.

From personal experience in the past, I know some kids have no idea that they have rights while at school and it could help them stay out of more trouble while in a situation that you may not have immediate control over.

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