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“SENSTTEVE_ Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 a (discussion with United States Attorney, filing of complaint, issuance of warrant) also govern arrests of juveniles. After arrest, however, the Federal Juvenile Delinquency Act requires strict compliance with the following procedures? (1) Advice of Rights — The arresting Agent should immediately advise the arrested juvenile of his/her "legal rights" in language comprehensible to the juvenile. The rights found on the standard Form FD-395 meet this requirement. |It will be necessary to obtain a waiver signature from the juvenile at this time only if approval for interrogation of the juvenile has been granted by the Chief Division Counsel (CDC) and/or the involved Assistant U.S. Attorney (AUSA) based on the law of the circuit. (See 3-16.2(5) and MIOG, Part 2, 4-2.2.1.)| (2) Notification to U.S. Attorney and Juvenile's Parents - The arresting Agent must immediately notify the USA and the juvenile's parents, guardian, or custodian, of such custody. The parents, guardian, or custodian must also be notified of the juvenile's rights and the nature of the alleged offense. (See MIOG, Part 2, Section 4-2.2.2.) (3) Initial Appearance Before Magistrate — Agents must take the arrested juvenile before a magistrate forthwith. The magistrate must release the juvenile to his/her parents or guardian (or other responsible party) unless he/she determines that detention is necessary to secure the juvenile's timely appearance before the court, or to ensure the juvenile's safety or that of others. This determination can be made only after a hearing at which the juvenile is represented by counsel. (See MIOG, Part 2, Section 4-2.2.6.) (4) Record of Notification and Appearance — Since proof of timely notification to parents and prompt appearance before the magistrate is essential, Agents are required to prepare FD-302 (s) recording the following facts: (a) That the juvenile was advised of his/her rights; (b) That the USA was notified; (c) That the parents, guardian, or custodian, was notified; and (d) That the juvenile was taken before a magistrate. (See MIOG, Part 2, Sections 4-2.2.2 and 4-2.2.6.) (5) Interrogation and Interviews -|Whether or not a juvenile may be interrogated for a confession or admission of his/her own guilt|between the time of his/her arrest for a federal offense and his/her initial appearance before the magistrate|depends on the law of the circuit in which the arrest occurs. If the interrogation is not allowed under the law of the ircuit, information|volunteered SENSEELVE Printed: 05/05/2004 13:08:54 Page 15