Legal Question in Juvenile Dependency in Massachusetts

In Massachusetts, in order for a defendant's statement, obtained while subjected to custodial interrogation by the police, to be admissible at trial, the government must show that he was given his Miranda warnings and that he knowingly and voluntarily waived his Miranda rights. In order to show a valid waiver of Miranda for a juvenile under age 14, the government must show that the juvenile actually consulted with an interested adult.

If the 13 year old in your case did not actually consult with an interested adult prior to waiving his Miranda rights, then his statement is inadmissible as evidence against him in a later trial. The remedy for a constitutional violation (here, not allowing the 13 year old to speak to an interested adult before he spoke to the police) is the exclusion of the statement procured as a result of the constitutional violation.

Please note that the juvenile must 1) be in "custody" (i.e. not free to leave) and 2) be interrogated (i.e. actually asked questions) in order for the Miranda warnings, and their subsequent waiver, to be required. For example, if the juvenile was handcuffed to a chair and asked questions about a crime he was suspected of committing, then he is subjected to "custodial interrogation" and any statements he made would have had to be preceded by a recitation of the Miranda warnings and a valid waiver of those warnings (which requires an actual consultation with an interested adult) before those statements could come in as evidence. On the other hand, if the juvenile walked up to the police and spontaneously said, "I committed the crime of X", there is no custody and no interrogation, and hence no Miranda warnings or valid Miranda waiver are required for that statement to be admissible.

In sum, the answer to your question is that if the 13 year old was in custody and questioned by the police, it is not "ok" to have done so without first allowing the 13 year old to talk with an interested adult (which may not necessarily be a parent). However, the remedy for the violation is suppression of the statement made by the 13 year old.

Not all the facts relevant to the situation are made known in your question. The above-stated answer is an outline of the law regarding statements from juveniles under age 14, and should be a starting point for your research. I would recommend consulting with an experienced criminal defense attorney to fully answer your question.

Best of luck.