Letter to school

[Diando]

I need a letter for a friend who is just now going under investigation.. Is there a letter that can be written to the school telling the school CPS is NOT allowed to talk to the kids without the parent or attorney present?

[HappeeBee]

I've been trying to look around the familyrights website for one-haven't found one yet, but, use this: http://www.familyrightsassociation.com/info/reverse_miranda.htm

[family_man]

I just learned something about this by reading the Texas CPS Handbook:
http://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_2240.jsp#CPS_2241

Interviews Conducted at Home

The worker must ask for the parent’s consent before interviewing a child in the child’s home. See 2245.1 Consent to Enter a Home and its subitems.

Interviews Conducted at School

Parent Has Already Refused Consent

A worker may not interview a child at school, if the parent has refused to allow DFPS access to the child or an interview with the child during the current investigation.

Parent Has Not Already Refused Consent

If the parent has not already refused to allow DFPS to interview the child, the worker proceeds as follows.

If the parent is present when the worker visits the school, the worker must ask for the parent’s consent before conducting the interview. The consent must meet the requirements in 2245.1 Consent to Enter a Home and its subitems.

If the parent is not present when the worker visits the school, the worker interviews the child.

Including a Third Party

If necessary and appropriate, the worker may ask a third party to attend the interview to make the child more comfortable. To determine whether to include a third party in an interview, see 2241.2 Basic Requirements During the Interview, Presence of a Third Party.

Next Steps When Parent Refuses Consent at Home or School

If the parent refuses to allow the child to be interviewed, the worker consults with the supervisor to determine whether to:
• pursue a court order as the legal basis for interviewing the child or for removing the child from the home or school; or
• remove the child from the home or school without a court order because exigent circumstances exist.

I think what this is saying is that if you make it clear to DFPS at the start of the investigation that you refuse consent to have your child interviewed at school, then DFPS must honor that request. This is true even if your child attends public school. (In most other states, CPS can conduct the interview in a "public" place.) What you have to do is to make sure that CPS gets the message that you don't approve of the interview, because by default they'll and do it without your explicit consent. Simply leaving a letter with someone at the school may not do the trick. Your investigator needs to be told (preferably in writing) that you don't approve. You also need proof that he/she got the message. Of course, that may provoke them to get the court order.

[LindaJM]

You're thinking of a Hatch Letter.

Here's a sample, and the law:
http://familyrightsassociation.com/bin/ ... rsion2.htm

Hope this helps! Be sure to discuss it with school personnel because in case CPS ever arrives to talk to your child, they will probably not realize your letter is on file, unless they know you and understand the situation and law. Most school personnel have no idea what a Hatch Letter is.

[CPSptsd]

I don't understand...

If CPS knows you refuse to allow an interview at home, then they cannot go conduct one at school. But isn't it common for CPS to bypass you entirely and head straight to school before you (the parent) have any idea that they are even investigating?

We had that happen. Well, in our case we knew there was an investigation but the interview at school was a surprise and she had not asked us to meet or bring our child or come to the house or any of that.

In our case, we suspected she might come to the school and put the school on alert to notify me but most parents wouldn't know to do that. We were "experienced". We had our son in private school at the time and the school staff agreed to allow the interview only with a school staff member present, and CPS agreed to that at least.