DCFS interviewing children at school

[wiststar]

Can dcfs get away with interviewing children at school and is it considered a violation of the parents rights of the 4th and 14th amendment.

[family_man]

Yes, CPS definitely has the authority to interview children in school without their parent's consent, but the children are under no obligation to answer. In some states, they are required to record the conversation. This recording can be subpoenaed, and can be useful if it is suspected that the investigator twisted the child's statements or led the witness.

[wiststar]

thank you!

[Helpmy veteran]

I was livid when J found out cps went to the school without my knowledge I decided to go to the school and talk with the psychologist and asked that my kids not be removed from class to talk to them and they agreed. I was also told that someone has to sit in in the conversation. It hasn't happened again so far.

[angelfrancisco1027]

Is it allowed too to CP's strip search the kid at the school .while interviewing the kid.only the cps s.worker is there and the child in the room.

[family_man]

A strip search of a child in school is going a bit too far. Forensic examinations are supposed to be performed by qualified medical personnel.

[Need88gigawatts]

My Ex-wife and I currently have 50/50 physical and joint legal and are awaiting a hearing to amend custody in January. My ex-wife has phoned in two cps calls which has resulted in two different family assessments (one in her county, one in mine). We also currently have a GAL creating a report to the court. My question in regards to school as my son has been interviewed multiple times now. (BTW I have dismissed two OOPS and criminal charges brought about by EX in the past 5 months).

Can I deliver the Hatch Amendment to the school myself?

[unicorn775]

Hi. My kids were interviewed in school without me knowing about it. Even a 5 yo. Even my 7 yo non verbal!!!!! removed from life skills class!!! was questioned separately... I was so pissed but this exact interview of the child who is not in normal state of mind and 10% understandable - it made my day... Last night I found this site... thank God... it is a bit late due some mistakes by us were made already. BUT thanks to ideas and sleepless night I created a letter of not giving permitting consent to speak, interview and remove my children from school without my knowledge even if the cps/cops have a warrant. School suppose to notify me - call, text, email immediately!!!!! if they have a visit from these guys. 2 schools principals hesitated to take this letter from me but after I told them that letting cps on the school territory and letting them question my kids without me notified and present is ILLEGAL and the school is already ignored my childrens' Constitutional rights, human rights and childrens rights which already makes them criminals in a face of law. Principals changed their minds fast - they don't want to deal against cps but they are also obligated to protect children and their rights. School can't stop it but they will slow it down until I get there. So now at least I will be aware if someone will come and try to talk to them without me - they will make sure to reach me. So far that was the first step for me. But big one in defending what is mine and what is called - MY CHILDREN. I can post the letter if needed - let me know. It may be a bit clumsy but, hey... it did it's work - school is with me on it.

[LindaJM]

Need88gigawatts - sorry I didn't see this post in December. Yes, you can write a Hatch letter and deliver it to the school yourself. It is a good idea to make a copy of the law to go with your letter as most school personnel will have no idea what the Hatch Amendment is.

[LindaJM]

unicorn775 - yes, please post your Hatch letter. I'm sure other parents would find that helpful. Thanks for offering.

[unicorn775]

third time trying - google shuts off on me right now anytime I try to type here. Sorry for delay.

From parent and caretaker of (child name)
(your name)
Address:
To the principal and authorized stuff members
Of (name of school) School ISD

I do not give my permission/consent for my child (child name) to be interviewed, questioned and/or removed from school premises by anyone without presents of me or authorized by me or by court order without me notified and being present in a time of above mentioned events. He has a legal right to remain silent and have a school authorized member to be present with him until my arrival and his attorney arrival.
Shell remains effective until terminated by the undersigned.
Thank you for your cooperation in this matter,

(your name), date and signature
In case of additional questions or report of above described events please contact me immediately
by phone, email or text message.
Phone
Email:


Principal or authorized stuff member signature date and name of person you gave a copy to.




- you can wright down yourself on your copy who you gave the letter, signature not necessary. Also I am thinking on writing schools ISD superintendent or schools principals of each - 3, schools that got involved and where kids were interrogated. I will have to think on that one. I want to know from schools HOW IN A HELL (nice way of course) they let anyone take my kids - lie to them without eye witness and get their way since school is a last defense in child's life against strangers. I can print any badge and go and wave it in a front of school stuff and get in? looks like it. So I want letter of explanation. I told my kids - don't talk to anyone - you have a RIGHT to remain silent until I get there. Oldest one got it. with younger ones - I had to explain on his level - if someone shows him a badge - it doesn't mean anything. I can print him a spider man badge - prove wrong that he is not it? He got it. With little ones I did the best I could to tell - stranger-danger and not talking with anyone who you don't know until I will be next to them holding hand. My 5 yo already started peeing in the pants at school after their "show". So, no way I will let my kids get through that again - it's insane.

[unicorn775]

of course it's controversial - can they or can't question kids - by some judges and courts - yes, by some - no. Don't take a chance - you can get their butts for it later. Use all you got - all force and all power to stand against, stand softly but firmly. Aggravating them during investigation is pointless. You can show that you can bite but that's about it for now. My situation is unusual and for most of cases here - different - hubs is out of the house and I am with my boat load of kids at home. I guess they spared my life after questioning my disabled and almost non-verbal psychotic son. Yep, even he got through interrogation. I just want to see the face of that witch who tried to ask him about body parts and if someone touched him.... in a good mood he can admit using drugs and heavy drinking (if you ask him) he has total lack of comprehention. 4 out of my 5 kiddos have disability. only one born from me and hubs together is healthy as a bull. Now she tinkles in her pants everyday at school - after their questioning - tet-a-tet... I wonder.. all others - wreck is a soft word to describe my babies after cps showed up at all 3 schools. I don't question - can - can't. I want to know WHY it was so easy for strangers with laminated black/white badges freely browse through school and talk one- on-one with whoever they feel like... none of the kids can be safe now.

[Tkstucker]

My understanding with looking at past supreme Court cases. They aren't allowed to question with out parental advise, unless there is probable cause to believe the parents are the perpetrator. if in fact they do question them at school there should be a school liaison with them during this questioning. If there is no liaison then they are conducting a illegal I interview. As I read from a court of the 9th district. Cps do not have a right to do fishing expeditions in a family. It is expected that a fit and loving parent makes the best decisions for children. We have a right to rear our children as we see fit. The government has no compelling interest to interfere in the rearing of a child. So in essence unless they prove you unfit then they have no authority to question. A mere hotline call isn't sufficient probable cause. If there is a alleged imminent danger instead they are to contact liaison and ensure the child's safety. Then proceed with the investigation which is showing up shortly before kids to ensure the kids safety. Other wise anything they do weather its question kids or remove them is unconstitutional. Unless they one prove you unfit or imminent danger. Imminent danger must be clear and convincing to a conscience mind. Something like striking to the conscience.

[Akstruggle3]

Here in alaska they are called ocs. Same thing. State law allows children to be interviewed in school with liason present. Tbis happened to my daughter (age 6 at the time) with no parental consent of course. Im clear on this law. However my daughter has an educational disability (of course thats evidence of abuse by ocs standandards) and potentionally an accute case of F.A.S. Shes getting tested soon. She has an established I.E.P with the educational department. My question is as follows. Are there safeties and regulations or laws that protect children like mine from unwarranted interviews such as these from taking place in schools without parental consent? My daughter is part Alaskan native too so ICWA applies to her but ive found nothing in regards to this instance.