505: Agencies Interviewing Students at School
Responsible Administrator: Deputy Superintendent Education Services
PURPOSE
Schools have a responsibility to protect the confidentiality, safety and well-being of students where access by outside agencies for investigative purposes is requested.
PROCESS
The Deputy Superintendent Education Services or designate is delegated the responsibility of maintaining this Administrative Procedure.
PROCEDURE
School level investigations shall be deferred to the police once an offense is believed to fall within the Criminal Code.
1. Interviewing of Students by Officers of the Law
1.1 The Principal or designate shall ensure that the following guidelines concerning interviewing of students by officers of the law are observed:
1.1.1 The officer shall be questioned as to the urgency of the matter.
1.2 The Principal or designate must allow the officer to proceed under the following circumstances:
1.2.1 if the officer possesses a warrant (either for arrest or search);
1.2.2 if the officer is “in hot pursuit” after the commission of an offence;
1.2.3 if the officer possesses blanket powers of search, etc., as defined by legislation (an example is drug offences);
1.2.3.1 The Principal or designate shall attempt to contact the parent or legal guardian of the student in order to apprise them of the situation prior to an interview.
1.2.3.2 In the event that the parent or legal guardian could not be contacted per Section 1.2.3.1, the parent or legal guardian shall be notified of the interview by telephone, failing that by registered letter.
1.2.3.4 In the absence of the parent or legal guardian, the student shall be informed that he/she has the right to have the Principal or designate remain with the student at all times during which the officer is present.
1.2.3.5 The Principal or designate will ensure that the student is advised of his/her rights as set out in Section 1.3.
1.3 The student has the right:
1.3.1 to be informed of the reason for the interview;
1.3.2 to contact a lawyer;
1.3.3 to not answer any question, except as to identity, and to the identity of his/her parents;
1.3.4 to be advised that statements he/she makes can be used against him/her in subsequent proceedings;
1.3.5 to know whether or not he/she is under arrest, and if so, the reason therefore;
1.3.6 to refuse to continue to answer questions until he/she has had an opportunity to obtain advice either from his parents, legal guardian or a lawyer.
1.4 An officer requested student interview that fails to answer the criteria as set out in Section 1.2 shall be informed that the interview must take place outside of school hours and premises.
1.5 Documentation Must be Maintained
1.5.1 The Principal shall ask the officer of the law to present identification, and to provide an explanation as to the nature of the investigation being conducted, to state reasons for wanting to conduct the interview in the school and to complete the Alberta Children’s Services & Law Enforcement Disclosure Form.
1.5.1.1 A written copy of the Alberta Children's Services & Law Enforcement Disclosure Form will be kept by school administration for the current school year.
2. Interviewing of Students by Children's Services representative
2.1 The investigation of child protection complaints is the responsibility of child welfare workers from the local Child and Family Services Authority, who may, where appropriate, be assisted by Police Services.
2.2 School authorities have a responsibility to cooperate with personnel from the Department of Children's Services.
2.3 The Principal shall ask the Children's Services worker to present identification, and to provide an explanation as to the nature of the investigation being conducted, to state reasons for wanting to conduct the interview in the school and to complete an Alberta Children's Services & Law Enforcement Disclosure Form.
2.4 The Principal or designate shall ensure that the following guidelines concerning the interviewing of students are observed:
2.4.1 The Children's Services representative must acknowledge that the matter falls within their legislated right.
2.4.2 The Children's Services representative must complete and sign the Alberta Children's Services & Law Enforcement Disclosure Form.
2.5 The school shall attempt to contact the parent or legal guardian of the student in order to apprise them of the situation unless instructed by Children's Services not to do so.
2.6 To enable the student to speak freely and openly to the investigators, it is usually appropriate for the student and the investigators to be alone. Occasionally a student may request or require the reassuring but non-participating presence of a familiar staff member; therefore, there may be instances when the principal and the investigators agree that a school representative is to be present during the interview.
2.7 A written copy of the Alberta Children’s Services & Law Enforcement Disclosure Form will be kept by school administration for the current school year.
3. Interviewing of Students by Other Agencies
3.1 Requested access to students by other external agencies without legislated access must be accompanied by a written consent of parent or guardian.
References:
Administrative Procedure 500: Child Abuse and Neglect Prevention
Alberta Children's Services & Law Enforcement Disclosure Form
Children First Act
Child, Youth and Family Enhancement Act
Freedom of Information and Protection of Privacy Act (FOIP)
History
2020 Jan 29 Initial Approval
2021 Sep 29 Amended
2024 Jun 19 Amended
Administrative Procedures V. Student Services