What is the name of your state (only U.S. law)? TN
Ok, it has been a while since I last posted, however there has been an instance that has occured that my husband is not quite sure how to handle.
He received an email from his daughter's teacher last night stating that his daughter has not been in school in the past 7 school days (They started the new semester last Monday, so she has only attended 1 day so far). The teacher told him that he has tried to get in touch with the mother, to no avail and since my husband has been in contact with the teacher on numerous occasions to check on his daughter, he thought he should know or might know what was going on.
Well, he immediately called the school to verify and then called the mother of the child who didn't answer the phone. He then panicked because the last time that he had spoken with his child she was crying uncontrollably and whispering on the phone that she wanted to go live with her dad. That call took place the last Monday, the last day that she was in school. He hasn't heard from his daughter since, although it is in the court order that the child is to call him every Tues. and Thurs. at 7pm. He calls but doesn't get an answer. He's taken her to court before but nothing ever became of it.
Anyway, he gets concerned and calls the hospitals and the child's doctor to see if she had been to the hospital or to the doctor and they all tell him no. In his last effort to get an answer, he called the police and asked them to go by the house, as he still lives 3 hours away, to check on his daughter. When the police arrive, his daughter answers the door and her mother tells them that the child was just sick and that she will be back to school on Monday, so the police left and told him that there was nothing they could do.
He is concerned that this however isn't true. If his daughter was just sick, why didn't the mother call the school or go by to pick up the homework for their daughter? Also, he dropped his daughter off the Sunday before all of this happened and she was fine.
He isn't quite sure what he can do about the situation. Is there anything that he can file to ensure that this doesn't happen again? Is this enough to justify a change in circumstances for the child for him to try to get custody? If not, what can he do? He just wants to make sure that his child is in school when she is supposed to be and if she is sick, especially to the point where she misses 7 school days, that he be notified of such illness.
I've looked into TN truancy laws and this is what I've found:
(1) It is the duty of the principal or teacher of every public, private or parochial school to report promptly to the director of schools, or the director of schools' designated representative, the names of all children who have withdrawn from school, or who have been absent five (5) days (this means an aggregate of five (5) days during the school year and not necessarily five (5) consecutive days) without adequate excuse. Each successive accumulation of five (5) unexcused absences by a student shall also be reported.
(2) Such director of schools shall thereupon serve, or cause to be served, upon the parent, guardian or other person in Tennessee in parental relation to such children unlawfully absent from school, written notice that attendance of such children at school is required. A new notice shall be sent after each successive accumulation of five (5) unexcused absences.
(3) If it appears that, within three (3) days after receipt of the notice, any child, parent, guardian or other person in parental relation has failed to comply with the provisions of this part, the director of schools, in the name of the local school system, shall report the facts of such unlawful attendance to the sheriff, constable, city police officer, district attorney general, or the foreman of the grand jury, who shall proceed against the parent, guardian or other person in parental relation in accordance with the provisions of this part, unless the parent, guardian or person having charge and control of the child shall at once place the child in some day school as aforementioned.
If after she has been served she doesn't come up with a viable excuse and dr's note as to why the child was unable to attend, can he use this against her in court?
Thanks in advance.
Ok, it has been a while since I last posted, however there has been an instance that has occured that my husband is not quite sure how to handle.
He received an email from his daughter's teacher last night stating that his daughter has not been in school in the past 7 school days (They started the new semester last Monday, so she has only attended 1 day so far). The teacher told him that he has tried to get in touch with the mother, to no avail and since my husband has been in contact with the teacher on numerous occasions to check on his daughter, he thought he should know or might know what was going on.
Well, he immediately called the school to verify and then called the mother of the child who didn't answer the phone. He then panicked because the last time that he had spoken with his child she was crying uncontrollably and whispering on the phone that she wanted to go live with her dad. That call took place the last Monday, the last day that she was in school. He hasn't heard from his daughter since, although it is in the court order that the child is to call him every Tues. and Thurs. at 7pm. He calls but doesn't get an answer. He's taken her to court before but nothing ever became of it.
Anyway, he gets concerned and calls the hospitals and the child's doctor to see if she had been to the hospital or to the doctor and they all tell him no. In his last effort to get an answer, he called the police and asked them to go by the house, as he still lives 3 hours away, to check on his daughter. When the police arrive, his daughter answers the door and her mother tells them that the child was just sick and that she will be back to school on Monday, so the police left and told him that there was nothing they could do.
He is concerned that this however isn't true. If his daughter was just sick, why didn't the mother call the school or go by to pick up the homework for their daughter? Also, he dropped his daughter off the Sunday before all of this happened and she was fine.
He isn't quite sure what he can do about the situation. Is there anything that he can file to ensure that this doesn't happen again? Is this enough to justify a change in circumstances for the child for him to try to get custody? If not, what can he do? He just wants to make sure that his child is in school when she is supposed to be and if she is sick, especially to the point where she misses 7 school days, that he be notified of such illness.
I've looked into TN truancy laws and this is what I've found:
(1) It is the duty of the principal or teacher of every public, private or parochial school to report promptly to the director of schools, or the director of schools' designated representative, the names of all children who have withdrawn from school, or who have been absent five (5) days (this means an aggregate of five (5) days during the school year and not necessarily five (5) consecutive days) without adequate excuse. Each successive accumulation of five (5) unexcused absences by a student shall also be reported.
(2) Such director of schools shall thereupon serve, or cause to be served, upon the parent, guardian or other person in Tennessee in parental relation to such children unlawfully absent from school, written notice that attendance of such children at school is required. A new notice shall be sent after each successive accumulation of five (5) unexcused absences.
(3) If it appears that, within three (3) days after receipt of the notice, any child, parent, guardian or other person in parental relation has failed to comply with the provisions of this part, the director of schools, in the name of the local school system, shall report the facts of such unlawful attendance to the sheriff, constable, city police officer, district attorney general, or the foreman of the grand jury, who shall proceed against the parent, guardian or other person in parental relation in accordance with the provisions of this part, unless the parent, guardian or person having charge and control of the child shall at once place the child in some day school as aforementioned.
If after she has been served she doesn't come up with a viable excuse and dr's note as to why the child was unable to attend, can he use this against her in court?
Thanks in advance.
