If you are a juvenile and you are asked to make statements to the police, you have a right to request that a parent be present. Whether or not the juvenile court requires that a parent be present for a juvenile's statement will depend on the state in which you were arrested.
As decided by the Supreme Court, juveniles have a 5th Amendment right to not incriminate themselves with a statement. Therefore, any statements made by juveniles while in custody are not admissible evidence unless the statements were made voluntarily and with knowledge of their Miranda rights. The circumstances under which the statements of a juvenile would be considered voluntary are not universal, and state courts have determined the rule that applies in their jurisdiction. Not all states require a parent be present in order for a juvenile statement to be considered voluntary, but a juvenile may always request one.
State courts have adopted two different approaches to determine if juvenile statements are voluntary:
Totality of the Circumstances Test: Some courts use a totality of the circumstances test, in which they look at everything surrounding the statement to determine whether or not the juvenile made it voluntarily. The test weighs factors such as the age of the juvenile, his or her relative sophistication, prior contact with the juvenile justice system and the presence or absence of a parent to decide whether or not the juvenile's waiver of right against self-incrimination was knowing and voluntary. In these jurisdictions, no single issue is the deal breaker, but rather the court will look at all of them. Although these states do not require a parent present for a juvenile to make a voluntary statement, if the juvenile requests a parent be present prior to questioning, any statements made without the parent there will be closely scrutinized.
Authority Figure Required: Some states do not use a totality of the circumstances test but instead have adopted a strict rule that dictates that the statements of a juvenile are not admissible unless a parent or other interested adult is present when the statements are made. These states are concerned about the potential that juvenile statements may be inherently unreliable. Believing juveniles do not have the capacity to make a knowing or voluntary waiver of their 5th Amendment right, these states do not allow any statements made in the absence of a parent to be admitted in court.
If you are a juvenile accused of a crime, you will likely face serious consequences from the juvenile law system. That said, it is important that you keep in mind the fact that you have the right not to incriminate yourself through statements to the police. You may remain silent until you speak with a parent or an attorney, and should take care to exercise that right. If you are arrested and the police want to question you, you should firmly request the presence of your parents or a juvenile attorney before making any statements. Contact an experienced juvenile attorney with any specific questions about the law in your state, and your rights in being questioned by the police.