12 YO assualted by another student

[mcwjjm]

What is the name of your state (only U.S. law)? Ohio

My child was recently discharged from residential and placed into an alternative middle school for kid's with behavioral and emotional issues. In our family counsling session he told [for the 1st time] us about the concerns he had about their "process room". He said when kid's act up they are placed there and when there are two they always fight. I went to the school and spoke with the Beh. specialist and was told usually only one child is placed in a room, are monitored [via window] and that fighting doesn't take place. Our PFSN counseling with Children's Services also spoke with his teacher and expressed his concerns about it asl well.

Today my child was placed in this room and shortly there after the kid he had words with was also placed. There was another student already in there. The student he had words with picks a fight with my son and strikes him repeatly in the face before he is removed [after 10 seconds]. These rooms are locked from the outside. I haven't spoken with school officials but based on what my child told me believe there is enough justification for the district to investigate. So I reported it.

How should I file an assualt charge against the other student? Are junvenile cases handled by City's Prosecutor's Office? I only have his 1st name but will go to the school tomarrow and speak with officials about the incident. I'm going to request a meeting with the student and his parents and have a police office attend as well just to let everyone know where I'm coming from.

 

[outonbail]

I'm going to request a meeting with the student and his parents and have a police office attend as well just to let everyone know where I'm coming from.

Surely you jest.

The police are not going to accompany you to a school meeting in a capacity where they will be some sort of muscle you can call upon if things don‘t go your way. It‘s arrogant to even think this will happen.

I suggest you either file a report with the police and let them investigate the situation so they can proceed accordingly,
or,
Contact the school and request a meeting so you can gather yourself some facts. I assume you have only heard your son’s rendition of this incident correct?
If so, I would suggest that you hold off on getting the police involved until you have looked into the situation a little further and have enough facts to make an informed decision.

If I were a parent of the other student and you started threatening to get the police involved, I would end all communication with you right then and there and I certainly wouldn‘t be attending any meeting where your own personal cop would be at your side.

You may also want to consider the possibility that your son was the instigator in this fight and if the police are involved, it may be your son who gets arrested.

If you want to try to arrange a meeting between you, the other students parents and each of your sons, I would say that is a good place to start. However you want to be cordial to the other parents and do not start threatening anyone with legal action or arrest.

 

[mcwjjm]

The request for police presence is to alert all parties involved I mean business. The school my son attends [currently] is for troubled youths with emotional difficulty. My son has only been in this school for two weeks. I don't know what other parents do or what importance the school gives these types of incidents but based on my observations and those of my son we have concerns. And after my child shared those concerns our PFSN officier with Children's Services and his counselor I went to his school last week and was assured "those things don't happen". Yet, 6 days later they did.

I already have a written statement from his teacher. I will go to the school this morning and speak with the principals involved [except for the other student] and/or those responsible for school policy. I have my son's statement and will get the administration's statement and their protocol for restraining and confining students, and see if protocol was followed yesterday. After speaking with the staff that removed the accused student should they confrm the student in question assualted my child I will contact the police and file assualt charges. I will also request a meeting with the student's parents to discuss the matter and what action I will take should this happen again. In the matters of my children I do not jest.

 

[Adalaide78]

The request for police presence is to alert all parties involved I mean business. The school my son attends [currently] is for troubled youths with emotional difficulty. My son has only been in this school for two weeks. I don't know what other parents do or what importance the school gives these types of incidents but based on my observations and those of my son we have concerns. And after my child shared those concerns our PFSN officier with Children's Services and his counselor I went to his school last week and was assured "those things don't happen". Yet, 6 days later they did.

I already have a written statement from his teacher. I will go to the school this morning and speak with the principals involved [except for the other student] and/or those responsible for school policy. I have my son's statement and will get the administration's statement and their protocol for restraining and confining students, and see if protocol was followed yesterday. After speaking with the staff that removed the accused student should they confrm the student in question assualted my child I will contact the police and file assualt charges. I will also request a meeting with the student's parents to discuss the matter and what action I will take should this happen again. In the matters of my children I do not jest.

As someone else said you may want information from other parties BEFORE involving the police. You have only one side of the story and regardless of how precious jr. is to you he obviously has had problems that got him landed in this school in the first place. You may find out too late that your little angel is at fault but once the cops are involved you can't take back the phone call and say sorry now that it's your kid in the hot seat.

 

[mcwjjm]

Fyi

Just returned from the school and spoke with all of the parties involved. The vice principal confirmed that my son was in fact confronted and assaulted [my son didn't strike back] and agreed an assault charge should / will be filed with the police.

 

[divona2000]

This caught my eye...

...These rooms are locked from the outside...

Is this legal - locking children into a room with only exterior supervision? Is there more than one entrance/exit? Is the key readily available to all in case of emergency, or is someone carrying it with them to the restroom? What if the lock jams?

 

[mcwjjm]

This caught my eye...



Is this legal - locking children into a room with only exterior supervision? Is there more than one entrance/exit? Is the key readily available to all in case of emergency, or is someone carrying it with them to the restroom? What if the lock jams?

That caught our attention in our counseling session last week as well. I had our PFSN counselor inquiry about that and her supervisor told us the rooms are locked but only when someone is standing on a foot pedal. When they step off it unlooks. Still sounds spooky to me.

As I told my son, best thing is to not have any more outbursts and be put in the situation in the 1st place. Children Services just called and said I handled the situation properly. Hopefully, I got through to my child and the administration that what happened yesterday is unexceptable [his behavior / the assault]... and what I expect and my course of action should it ever happen again.

 

[Ohiogal]

This caught my eye...



Is this legal - locking children into a room with only exterior supervision? Is there more than one entrance/exit? Is the key readily available to all in case of emergency, or is someone carrying it with them to the restroom? What if the lock jams?

It is a JAIL. That is basically where these rooms are. So yes it is legal. Just like any juvenile detention center is legal.

 

[CdwJava]

I think you are going to run into some sort of mitigation here that could prevent a prosecution. First, since the kids have emotional and behavioral issues, there could very well be some difficulty proving the intent required for a crime. Additionally, if Ohio has an age requirement for assuming the ability to form the requisite intent to commit a crime, then being 12 years old is very likely beneath that age.

What this means is that the state may have to go a long way to prove that the attacker was able to form the intent to commit the crime and did so being fully aware of the consequences of his actions. His age and the placement in the facility could hinder a prosecution.

I would not want to be working in a police department with such a facility if we had to take these reports. I suspect the facility will take its own report and forward it to the prosecutor as appropriate.

- Carl

 

[Ohiogal]

I think you are going to run into some sort of mitigation here that could prevent a prosecution. First, since the kids have emotional and behavioral issues, there could very well be some difficulty proving the intent required for a crime. Additionally, if Ohio has an age requirement for assuming the ability to form the requisite intent to commit a crime, then being 12 years old is very likely beneath that age.

What this means is that the state may have to go a long way to prove that the attacker was able to form the intent to commit the crime and did so being fully aware of the consequences of his actions. His age and the placement in the facility could hinder a prosecution.

I would not want to be working in a police department with such a facility if we had to take these reports. I suspect the facility will take its own report and forward it to the prosecutor as appropriate.

- Carl

I can guarantee you that 12 is NOT beneath that age.

 

[CdwJava]

I can guarantee you that 12 is NOT beneath that age.

I think of that as an issue because in my state if you are under 14 we have to prove that the minor was capable of forming the intent to commit the crime. It's not that they are unable to commit the crime or it cannot be proven, but we have to show that they lacked the ability to understand the consequences of their actions and that they were wrong.

But, if no such issue exists in your state, so be it.

- Carl