Current law reviewed August 2026
Utah once applied different rules to children under 14 and children who were 14 or older when deciding whether they could waive their Miranda rights. That age boundary appeared in Utah’s former juvenile-court rules and was applied in cases involving children questioned before the law changed.
That is no longer the current rule. Utah substantially revised its protections for children during custodial interrogations beginning in 2021. Parents researching an older case therefore need to know when the questioning occurred and which version of the law applied.
Miranda does not apply to every conversation
Police do not necessarily have to provide Miranda warnings every time they speak with a child. Miranda protections are generally triggered by a custodial interrogation.
“Custody” does not necessarily mean that the child has been formally arrested. The question is whether the circumstances would cause a reasonable person in the child’s position to believe that they were not free to end the encounter and leave.
“Interrogation” generally means direct questioning—or words or actions reasonably likely to produce an incriminating response.
Utah’s former age-14 rule
Under the former version of Utah Rule of Juvenile Procedure 27A, a child under 14 generally could not waive constitutional rights during custodial questioning unless a parent, guardian, or legal custodian was present.
A child who was 14 or older was treated differently. The rule presumed that the older child was capable of knowingly and voluntarily waiving those rights without a parent or guardian present. That presumption could be challenged, but age 14 created a significant legal dividing line.
Utah’s current approach
Current Utah Rule of Juvenile Procedure 27A no longer contains the former division between children under 14 and children 14 or older.
Under the current statute, a child subject to custodial interrogation must be advised of the child’s constitutional rights using language designed to be understandable to children. The required explanation includes that:
- the child does not have to talk
- The child may stop answering questions at any time
- What the child says may be repeated in court
- The child has the right to have an attorney present
- An attorney will be provided without charge if the child wants one
- The child may have a parent, guardian, or a “friendly adult” present
The child must then waive the child’s own constitutional rights before questioning can proceed.
Except when a statutory exception applies, the appropriate parent, guardian, or friendly adult must be present during the waiver and must give permission for the child to be interrogated. Presence may be in person or by video under the conditions specified in the statute.
Sources
- Utah Code § 80-6-206: Interrogation of a child
- Utah Rule of Juvenile Procedure 27A
- R.G. and D.G. v. State of Utah (2017)
- J.D.B. v. North Carolina case summary
Important disclaimer
NOJOS Help is an independent website written by a parent. It is not affiliated with, operated by, sponsored by, or endorsed by NOJOS, the NOJOS organization, or any NOJOS-approved provider.
NOJOS Help is not a law firm. This site provides general educational information and does not provide legal or clinical advice or create an attorney-client or therapist-client relationship. Laws, policies, and treatment guidelines can change, and the appropriate response depends on each family’s circumstances. Families facing an investigation, juvenile proceeding, assessment, or treatment decision should consult qualified independent professionals.
NOJOS Help 