Info Needed. transporting a child off school property!

[Blooskittle]

What is the name of your state (only U.S. law)? TEXAS
Background:
My stepson has been diagnosed bipolar AND adhd. A bad combination. He takes medicine 3 times a day every day. He is in the special education program at school due to this. Basically, this allows him time to go to the special needs room and do school work there where he wont bother anyone.
He was to have testing done which was not completed when he was in fourth grade due to him getting frustrated and ripping up the test. The test was to have no significance other than they wanted a complete test for his file. trough out the week he had a few instances when he was getting upset but remained calm. Finally one day he got so upset he actually flipped the desk over. The desk hit the counselor. (as a side note he has NEVER hurt anyone when he gets upset, he has destroyed property such as books or his glasses)
My question:
It was decided he was to be taken to juvenille detention. (I have no issue with this because i want him to know he has consequences) I have a problem with how they did this. We were not notified this was happening and he was transported off school property without our knowledge or consent. What does texas law say about this? Had his probation officer not called us, we would have had no idea where our son was until we finally received a call at 9pm stating our son had been processed in jivenille detention. can they transport him without my consent? Thanks

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I should have mentioned before, since he is in special ed, whenever he has had an incident before they call my wife to take him to the hospital. He will be going back for a 3 month observation, after the detention, while they try to get his medicines right. They believe the combination is still not correct

 

[Just Blue]

What is the name of your state (only U.S. law)? TEXAS
Background:
My stepson has been diagnosed bipolar AND adhd. A bad combination. He takes medicine 3 times a day every day. He is in the special education program at school due to this. Basically, this allows him time to go to the special needs room and do school work there where he wont bother anyone.
He was to have testing done which was not completed when he was in fourth grade due to him getting frustrated and ripping up the test. The test was to have no significance other than they wanted a complete test for his file. trough out the week he had a few instances when he was getting upset but remained calm. Finally one day he got so upset he actually flipped the desk over. The desk hit the counselor. (as a side note he has NEVER hurt anyone when he gets upset, he has destroyed property such as books or his glasses)
My question:
It was decided he was to be taken to juvenille detention. (I have no issue with this because i want him to know he has consequences) I have a problem with how they did this. We were not notified this was happening and he was transported off school property without our knowledge or consent. What does texas law say about this? Had his probation officer not called us, we would have had no idea where our son was until we finally received a call at 9pm stating our son had been processed in jivenille detention. can they transport him without my consent? Thanks

How old is this child?

 

[xylene]

It seems your son was arrested.

Why do you not believe they could take him into custody?

Your 4th grader has a probation officer?

You need to be more aware of legal consequences, since they have already happened.

 

[stealth2]

It was decided he was to be taken to juvenille detention. (I have no issue with this because i want him to know he has consequences) I have a problem with how they did this. We were not notified this was happening and he was transported off school property without our knowledge or consent. What does texas law say about this? Had his probation officer not called us, we would have had no idea where our son was until we finally received a call at 9pm stating our son had been processed in jivenille detention. can they transport him without my consent? Thanks

To be perfectly blunt? They do not need YOUR consent for anything. He is NOT your son. They likely don't even need Dad's CONSENT. But they may have to (eventually) inform him.

Dad or Mom should be the one asking questions. Your thoughts, issues, etc don't count when it comes to the legal arena. He's not your kid.

 

[Blooskittle]

Sorry, he is 11 years old.
And as i stated the issue isnt that he was taken to the detention as i agree he should be punished for his actions, it is just we were not notified or made aware of what was taking place. My wife JUST left a meeting with the principal this morning. She stated the principal told her..in this order:
1. well the alternative school should have called you since he was transitioning back from there.
2. actually the special ed dept should have let you know.
3. it was supposed to be the asst principals job to notify parents when children leave property.
4. i was informed by the police to not contact you.
THEN she said "I think its texas law that allows us to remove him from school with out your consent and send him to the detention."
-Sigh

 

[Blooskittle]

To be perfectly blunt? They do not need YOUR consent for anything. He is NOT your son. They likely don't even need Dad's CONSENT. But they may have to (eventually) inform him.

Dad or Mom should be the one asking questions. Your thoughts, issues, etc don't count when it comes to the legal arena. He's not your kid.

-I understand your point. When i say notify us, I more so meant it as my wife. She is the one that deals with the school. I just think some notification would have been nice, instead of wondering where he was until 8-9pm at night when he should have been home at 330.

 

[Blooskittle]

It seems your son was arrested.

Why do you not believe they could take him into custody?

Your 4th grader has a probation officer?

You need to be more aware of legal consequences, since they have already happened.

I am not saying that i don't believe they can take him into custody, what i am saying, is Can they transport him without letting us (my wife) know.
As far as him having a probation officer, yes, he got in trouble for destroying school property when he threw a computer on the ground.
As i have said i am all for his consequences, this isnt a discussion about that.

 

[stealth2]

-I understand your point. When i say notify us, I more so meant it as my wife. She is the one that deals with the school. I just think some notification would have been nice, instead of wondering where he was until 8-9pm at night when he should have been home at 330.

And did Mom contact the school at that point? Did she contact Dad? Someone? Anyone?

 

[Just Blue]

I am not saying that i don't believe they can take him into custody, what i am saying, is Can they transport him without letting us (my wife) know.
As far as him having a probation officer, yes, he got in trouble for destroying school property when he threw a computer on the ground.
As i have said i am all for his consequences, this isnt a discussion about that.

Can I ask who Dx'ed your stepson? Pedi? Psychologist? Pedi-Neurologist?

 

[Blooskittle]

And did Mom contact the school at that point? Did she contact Dad? Someone? Anyone?

Dad is not in the picture. He signed over his rights to her.

She did indeed call the school. Noone would speak to her. The secretary answered the phone. INSTEAD of placing her on hold she put the phone down. She radio'ed the principal who stated "I dont want to talk to her right now" (in response to my wife wanting to speak with the principal). She picked up the phone and was told we have no information other than he was detained. My wife stated she was on her way and then the secretary said "well he has already been transported."

 

[Blooskittle]

Can I ask who Dx'ed your stepson? Pedi? Psychologist? Pedi-Neurologist?

He has had a therapist since he was 8. He was diagnosed by a psychiatrist. He also has been admitted to the psychiatric hospital and had testing done their as well, he had a cat-scan and other tests. One of them also diagnosed him with authoritative agression disorder...but i am not sure how i feel about that. DMS-IV

 

[stealth2]

Dad is not in the picture. He signed over his rights to her.

She did indeed call the school. Noone would speak to her. The secretary answered the phone. INSTEAD of placing her on hold she put the phone down. She radio'ed the principal who stated "I dont want to talk to her right now" (in response to my wife wanting to speak with the principal). She picked up the phone and was told we have no information other than he was detained. My wife stated she was on her way and then the secretary said "well he has already been transported."

So Mom's next call should have been to the local cops.

 

[Zigner]

If a person is arrested for a criminal act, yes they can be transported without notifying the parent(s). Furthermore, if the child already has a probation officer, he likely violated his probation...another reason the transport would be allowed.

Seriously, you are focusing your "upsetness" on the wrong entity.

 

[Blooskittle]

If a person is arrested for a criminal act, yes they can be transported without notifying the parent(s). Furthermore, if the child already has a probation officer, he likely violated his probation...another reason the transport would be allowed.

Seriously, you are focusing your "upsetness" on the wrong entity.

Thanks...it makes sense. As for the focusing, that isnt accurate. I am upset with him, very.

 

[PQN]

parent to parent

Parent to parent advice (I know this isn't a support board so this will be a short hijack...)

Go here: Support for parents

You and your wife need that group of parents far more than you need an attorney. Without that board, we would not have survived my daughter's childhood (she's schitzoaffective/RAD/BMR/BPD).