Full Disclosure Polygraph Test for Juvenile's Probation Found Improper

The Ohio Supreme Court held that the juvenile court could not require a juvenile sex offender to take "full disclosure" polygraph test as part of his probation. The specific issue addressed was "whether requiring a juvenile to undergo unlimited polygraph testing on demand, compelling answers to every question and requiring the offender to pass every test is an unreasonable probation term and a violation of the child's constitutional right against self-incrimination."  The court held that before such a polygraph test can be used, there must be evidence that the test is needed in particular case for treatment and monitoring of the juvenile.  Additionally, the juvenile can not be compelled to make self-incriminating statements.  In re D.S., 2006-Ohio-5851.  See  Top Ohio Court Rules in Warren Case by Jon Craig, Cincinnati Enquirer, Nov. 29, 2006; Ohio Supreme Court Summaries: "Court Limits Polygraph Orders in Juvenile Cases, Bars Compulsion of Self-Incriminating Statements".