What Teens Should Know About Their Rights!

Rights in Court & with the Police
Rights in School
CHINS
Juvenile and School Records

The United States Constitution protects children, teenagers, and adults by giving them certain rights. This pamphlet will help you understand what your rights are and will help you to make informed decisions about important issues.

Rights in Court & with the Police

What are my rights if I am pulled over or questioned by the police?

You must give the police your correct name and address. You can tell the police that you do not want to speak to them about anything else unless a lawyer is present.

What are my rights if I get arrested?

You do NOT have to answer any questions that a police officer asks you besides your correct name and address. You have a RIGHT to remain silent.
If you are arrested, it is your RIGHT to know what you are being arrested for. The police officer should explain this to you.
If you are arrested, you have a RIGHT to have a lawyer with you in court. If you cannot afford an attorney one will be appointed to you.

Can I get in trouble for something my friend did if I was with them?

Yes, if you did not separate yourself from the illegal activity when it was happening you can be considered an accomplice and charged with that crime.

What are my rights in court?

If English is not your first language, you have the RIGHT to have an interpreter translate for you in court.
You have a RIGHT to a lawyer. Your lawyer should represent what you want, not what your parents or anyone else wants.

What happens if I get offered a "plea"?

You may have to make a decision whether or not to accept a "plea." A plea means that you are giving up important rights. You give up your right to a trial, cross-examine witnesses against you, and to present your side of what happened. If you decide to plea, you are admitting to the crime.

What is probation?

If the judge orders probation, you are under the supervision of the court. The judge can order you to report to probation, follow a curfew, attend school, work full time, and obey any other court requirements. If you are on probation, you will have a probation officer that will check in on you. Probation can do this by contacting your school, coming to your home, or contacting any programs you are involved in.

What happens if I do not follow the rules of my probation?

You will be given a notice of violation of probation and must appear back in court. The judge will determine if you violated the terms of your probation and could impose a harsher punishment such as commitment to DYS.

Rights in School

Does a principal have the right to search my possessions?

Yes, if they have a reasonable suspicion that you have something dangerous or illegal in school, school officials can search your possessions such as your locker or backpack. They may also ask you to empty your pockets. This is why it is very important to make sure you are aware of what you have on you, in your backpack or locker at anytime.

Can I get in trouble for holding my friend's medicine?

Yes, if you are holding medicine that you do not have a prescription for, the school can claim that you had illegal drugs and could suspend or expel you.

What are my rights in school if I am homeless?

If you are homeless, you have a RIGHT to attend the school in the town/city where you last lived.
You do not have to change schools if you become homeless, unless you and your parents decide that you should. The school must also provide transportation for you if it is not in walking distance from the place that you are currently staying.

Do I have a right to an education?

In Massachusetts an education is a privilege and not a right. If you are expelled from school you can lose this privilege and no other school in Massachusetts will have to educate you.

Under what conditions can I be expelled from school?

The law allows your principal to expel you if you are found with a dangerous weapon, illegal drugs, alcohol, or a controlled medication (without a prescription). You can also be expelled for assaulting any school employee or committing a felony, on or off school grounds. However, you have a right to a hearing before you are expelled.
Look at your student handbook to see what other offenses would lead to a suspension or expulsion in your school.

Can I be expelled for something that did not happen at school?

Yes. You can be expelled or suspended even if the incident happened off of school grounds.

What are my rights at an expulsion hearing?

You have a RIGHT to know why you are being expelled. The principal must give you a written note outlining the reasons why they are expelling you. If you do not receive one, you should request it in writing.
You have a RIGHT to a hearing before the school can expel you.
You can bring a lawyer/advocate to the hearing. If you are facing expulsion and need a lawyer you should call the Children's Law Center.
You have a RIGHT to present evidence to prove your case.
If you do not agree with the decision the principal makes, you have the right to appeal the decision to the Superintendent within 10 days of the decision.

If I am on an IEP or in Special Education classes, can I be suspended or expelled?

Yes. However, the school can not suspend/expel you if what happened was caused by your disability. If you have an IEP or are in Special Education classes and you are being suspended/expelled from school, you should call the Children's Law Center immediately.
If you are suspended for a total of 10 school days or more, the school must have a Manifestation Determination hearing to decide if the incidents were caused by your disability.
If you are suspended or expelled and you have an IEP, you have a RIGHT to still receive some form of an education, such as tutoring.

CHINS

What is a CHINS?

A CHINS (Child in Need of Services) is a court case that happens when a parent or school official asks the court to help them supervise a youth between the ages of 6 and 17. There are four different types of CHINS cases.

What are the different types of CHINS cases?

Runaway: Anyone under 17 who continually runs away from home
Stubborn: Anyone under 17 who does not listen to their parent or guardian
Truant: Anyone under 16 who continually misses school
Habitual School Offender: Anyone under 16 who continuously breaks the rules in school

Who can file a CHINS on me?

If you are under 17, the police or your parent/guardian
If you are under 16, the police, school officer, or your parent/guardian

If I have a CHINS, can the judge place me in DCF custody?

Yes, the judge can decide whether to place you with your family, a relative, or in a foster home.

How do I get rid of a CHINS?

If it is a school based CHINS for truancy, it will be dismissed when you turn 16. If it is a CHINS for behavior, it will be dismissed when you turn 18.
However, the judge may decide to dismiss it at your review meetings if you can show that the behavior that caused a CHINS to be filed has stopped.

How often will my CHINS be reviewed?

Every six months.

Juvenile and School Records

When can I ask for a copy of my student record?

You can request your school record when you turn 14 years old. If you are not yet 14, your parent or guardian can request your record. You should request it in writing to the school. They have 10 days to provide the record to you.

What if there is something on my school record that is wrong or that I do not agree with?

You have a right to add things to your record or ask for a part of it to be changed. For more information contact the Children's Law Center.

Who has a Juvenile Record?

Anyone between the ages of 7 and 17 who has been accused of committing a crime, appeared in court, and has been formally charged with a crime.

Who can access my Juvenile Record?

The police, law enforcement agencies, social service agencies, probation departments and the courts can access your record.

When I turn 18 is my record erased?

No. Your record is not automatically "sealed'" or "expunged" when you reach the age of 18. Massachusetts does not allow any records to be destroyed. The only option you have is to seal your record three years after you are finished serving your sentence. To find out more about sealing your juvenile record, contact the Children's Law Center.

If I get in trouble again after I turn 18, can the judge look at my juvenile record?

Yes. The judge in adult court can look at your juvenile record and consider it when deciding on your bail or the length of your sentence.

To find out more about your rights call the Children's Law Center at (781) 581-1977. Remember, all information you share with us is kept private.