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51. Parental Notification

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]

Updated May 19, 2015