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In re M.H., Case No. 2019-0621
Eighth District Court of Appeals (Cuyahoga County)
ISSUES:
- Even when a government social worker isn't required to give Miranda warnings, is a child's statement involuntary and a violation of due process?
- Does a child feel free to leave when the child is driven by a parent to a government agency for questioning, separated from that parent, and questioned in a private room without being told he or she is free to leave or to not cooperate?
- Must a child-suspect be read Miranda warnings when questioned by a social worker exercising the statutory duty to investigate child-abuse allegations and who does so cooperatively with police on a regular and institutional basis?
Eighth District Court of Appeals (Cuyahoga County)
ISSUES:
- Even when a government social worker isn't required to give Miranda warnings, is a child's statement involuntary and a violation of due process?
- Does a child feel free to leave when the child is driven by a parent to a government agency for questioning, separated from that parent, and questioned in a private room without being told he or she is free to leave or to not cooperate?
- Must a child-suspect be read Miranda warnings when questioned by a social worker exercising the statutory duty to investigate child-abuse allegations and who does so cooperatively with police on a regular and institutional basis?
April 29, 2020