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dasaniaddict

Junior Member
What is the name of your state (only U.S. law)? TN

Good Evening,

I am a high school teacher at a public school in TN. I have been having problems with a child in my class following proper class procedure. (Won't sit in his seat- cussing- tardiness, other petty but highly disruptive behaviors). I phoned his house today and spoke to the stepmother to inform her that her stepson is becoming more and more defiant. She tells me that she will inform his father but 'it will do not good anyways, as he will ground his son and then 2 days later they are in the garage smoking pot again.'

I have some questions: Should I file a report of this? Is this something that needs to be reported to child protective services? If I understood the stepmother correctly, the father is doing drugs with his 15 year old son. Thank you for any replies.What is the name of your state (only U.S. law)?
 


Just Blue

Senior Member
What is the name of your state (only U.S. law)? TN

Good Evening,

I am a high school teacher at a public school in TN. I have been having problems with a child in my class following proper class procedure. (Won't sit in his seat- cussing- tardiness, other petty but highly disruptive behaviors). I phoned his house today and spoke to the stepmother to inform her that her stepson is becoming more and more defiant. She tells me that she will inform his father but 'it will do not good anyways, as he will ground his son and then 2 days later they are in the garage smoking pot again.'

I have some questions: Should I file a report of this? Is this something that needs to be reported to child protective services? If I understood the stepmother correctly, the father is doing drugs with his 15 year old son. Thank you for any replies.What is the name of your state (only U.S. law)?

I don't necessarily get that same message form the comment...But either way if the parent (father) has knowledge of the child doing drugs and condones that illegal activity...I would call CPS.

Have you called the MOTHER? And why are you discussing this child with a legal stranger (step-mother)?
 

dasaniaddict

Junior Member
The stepmother lives in the same household as the father. I called the home today and asked for him and he was not home. I never thought about it, but I have always assumed that if the step-parent lives in the same home as the child, and has permission (according to school records) to sign permission forms and pick up the child from school, that I can speak to them in place of the biological parent. Besides, we also have her work number in contact info.


Of course, I have called home before and spoke to someone who pretended to be the father/mother of the student (Not in this case, just in general). So I guess one never knows if you are really speaking with the parent just because you call the home.

No, I have not called the mother. She is not listed anywhere in his records.
 

cyjeff

Senior Member
The stepmother lives in the same household as the father. I called the home today and asked for him and he was not home. I never thought about it, but I have always assumed that if the step-parent lives in the same home as the child, and has permission (according to school records) to sign permission forms and pick up the child from school, that I can speak to them in place of the biological parent.
You assumed incorrectly.

The step parent, as stated above, is a legal stranger to the child. What you did was akin to picking a random person off the street and telling them of the incident.

Besides, we also have her work number in contact info.
This is not a certification of guardianship.

Of course, I have called home before and spoke to someone who pretended to be the father/mother of the student (Not in this case, just in general). So I guess one never knows if you are really speaking with the parent just because you call the home.
Then I recommend you ask the child parents to meet with you in school. If the parents ask why you go to this length, tell them.

No, I have not called the mother. She is not listed anywhere in his records.
Then ONLY ask for dad.
 

dasaniaddict

Junior Member
Thank You

OK, well thank you for the response. I am sure you are right, but I have been told otherwise by the school system for years. This is one reason I came to this message board, as the advice I receive from the school system is not always correct.

However:
We do not live in a perfect world- there are many, many parents whom I have attempted to contact and have never been able to do so. I have been teaching for 10 years and there are parents who simply do not return phone calls. The reasons vary, sometimes they are intercepted by the child, sometimes all numbers that are listed for the child do not work, sometimes the parents are not good at returning phone calls. At times, it takes calling the emergency contacts to get the parents to return calls- I have called grandma and grandpa and uncles and aunts to try to reach mommy and daddy.

BTW this stepmother was at an IEP meeting for the child eariler this year in place of the biological father (no mother or other relative was there). She was also at a disciplinary hearing for the older brother last year, and the father was absent at that one as well.

So she is better than a complete stranger on the street. Not stating that I am right and you are wrong, as I am sure that you are right.
 

cyjeff

Senior Member
BTW this stepmother was at an IEP meeting for the child eariler this year in place of the biological father (no mother or other relative was there). She was also at a disciplinary hearing for the older brother last year, and the father was absent at that one as well.

So she is better than a complete stranger on the street. Not stating that I am right and you are wrong, as I am sure that you are right.
From a legal standpoint, step parents have no rights over the child.

Therefore, she is a LEGAL stranger to the child. Of course she is not an emotional stranger, but a person that has no right to decide anything in regards to the child.
 

Ozark_Sophist

Senior Member
From a legal standpoint, step parents have no rights over the child.

Therefore, she is a LEGAL stranger to the child. Of course she is not an emotional stranger, but a person that has no right to decide anything in regards to the child.
How do you know the step-mother in this case has not established a legal right to be involved in the child's education?
 

quincy

Senior Member
The U.S. Department of Education defines parent to include relative caregivers. Immediate family members include stepparents. "The term parent means (4) an individual acting in place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for a child's welfare, or (5) a surrogate parent who has been appointed in accordance." A stepparent may, therefore, be more than a legal stranger.

Tennessee also has a power of attorney law so that a parent or parents can bestow upon another the power of attorney to care for their child or children in their absense. This could very well be the situation here, if the stepmother was present at the IEP and at a disciplinary hearing. Caregivers can enroll the child in school, sign necessary consent forms, and consent to medical care and emergency care for the child. A parent or parents may delegate any adult person as a POA, but a POA does not transfer legal custody. It merely gives that person permission to make decisions on behalf of the child.

If one parent is not in the picture (which appears to be the case with the mother here), is unreachable (which appears to be the case with the mother here), and does not have joint legal custody (which could be the case here), the non-parent (stepparent, grandparent, etc) may be listed as an emergency contact on school and other important records and schools are permitted to contact this person when the parent is unavailable.

If a father has legal custody, he can give a POA to the stepmother, but if the mother is at all reachable and around to sign, she must agree to the POA.

Schools may contact a parent, a guardian, or another person who is in a "parental relation" to the child (one who has charge and control of a child), if that person is listed as an emergency contact.

I agree with Baystategirl that you should make a report to CPS, after a consultation with your principal.
 
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Perky

Senior Member
I wouldn't be concerned about speaking to the stepparent. That's not uncommon if the person was listed as an emergency contact.

However, I am concerned that you didn't take your concern directly to your principal or social worker or whoever deals with CPS. They are in a better position to advise you than an internet message board.

In addition, your school must have some sort of form to document parent contact. The concerns you expressed to the stepmother, as well as her response, should be documented on that form. If your school doesn't have such a form, then put it in a memo to your principal and copy the child study team.
 

Perky

Senior Member
Yes it does:

State Statutes

Professionals Required to Report
Citation: Ann. Code §§ 37-1-403; 37-1-605

Persons required to report include:
Physicians, osteopaths, medical examiners, chiropractors, nurses, hospital personnel, or other health or mental health professionals
School teachers, other school officials or personnel, daycare center workers, or other professional child care, foster care, residential, or institutional workers
Social workers
Practitioners who rely solely on spiritual means for healing
Judges or law enforcement officers
Neighbors, relatives, or friends
Other persons
You can also access the state's definition of child abuse and neglect at the same link. I'd post it, but it's quite lengthy.

In my district, and many others, it is standard procedure to report any suspected abuse to an administrator who will contact CPS. So, I'm surprised that OP has not reported this to her admin.
 

tranquility

Senior Member
I didn't read the statute and don't express an opinion beyond the fact that *generally* a certificated teacher is a manditory reporter and, not only would they have statutory immunity for the reporting (as long as it wasn't malicious or knowingly untrue), but also is required to report it or could suffer criminal sanctions.
 

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