School Harrassment?

[Aquariusfire]

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

My grand daughter's school nurse is causing us problems. She and other school officials insisted on a home visit this coming Friday. My grand daughter, Destiny, ran out of her medication for ADHD at school and my daughter, Tammy, didn’t have the money at the moment to get a refill due to her being unemployed. The nurse kept calling about every other day with resources that might help and we followed up on our own also. Last week, the nurse called demanding why Destiny hasn’t gotten her meds yet. Tammy wasn’t too polite, and the next thing we know is that a home visit is forced upon us. The school officials want to see proof of food stamps and Medicaid. Tammy lost both benefits when she started to make too much money and has to wait 30 days after she lost her job. In additional, the kids have food and a roof over their heads. We found someone to help with the medication but not until January. How can we fight this harassment?

 

[Antigone*]

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

My grand daughter's school nurse is causing us problems. She and other school officials insisted on a home visit this coming Friday. My grand daughter, Destiny, ran out of her medication for ADHD at school and my daughter, Tammy, didn’t have the money at the moment to get a refill due to her being unemployed. The nurse kept calling about every other day with resources that might help and we followed up on our own also. Last week, the nurse called demanding why Destiny hasn’t gotten her meds yet. Tammy wasn’t too polite, and the next thing we know is that a home visit is forced upon us. The school officials want to see proof of food stamps and Medicaid. Tammy lost both benefits when she started to make too much money and has to wait 30 days after she lost her job. In additional, the kids have food and a roof over their heads. We found someone to help with the medication but not until January. How can we fight this harassment?

I'm sorry but I can't see where this is harassment. They are looking out for the best interest of the child, and are mandated to do so.

 

[Proserpina]

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

My grand daughter's school nurse is causing us problems. She and other school officials insisted on a home visit this coming Friday. My grand daughter, Destiny, ran out of her medication for ADHD at school and my daughter, Tammy, didn’t have the money at the moment to get a refill due to her being unemployed. The nurse kept calling about every other day with resources that might help and we followed up on our own also. Last week, the nurse called demanding why Destiny hasn’t gotten her meds yet. Tammy wasn’t too polite, and the next thing we know is that a home visit is forced upon us. The school officials want to see proof of food stamps and Medicaid. Tammy lost both benefits when she started to make too much money and has to wait 30 days after she lost her job. In additional, the kids have food and a roof over their heads. We found someone to help with the medication but not until January. How can we fight this harassment?

Quite honestly you and Tammy need to be thanking the nurse for actually trying to do what's best for Destiny.

This is not harassment - this is someone looking out for a child's welfare. There are other avenues available to help get her meds though - have these been pursued? Will the doctor give samples until January? What exactly is being done?

 

[Gracie3787]

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

My grand daughter's school nurse is causing us problems. She and other school officials insisted on a home visit this coming Friday. My grand daughter, Destiny, ran out of her medication for ADHD at school and my daughter, Tammy, didn’t have the money at the moment to get a refill due to her being unemployed. The nurse kept calling about every other day with resources that might help and we followed up on our own also. Last week, the nurse called demanding why Destiny hasn’t gotten her meds yet. Tammy wasn’t too polite, and the next thing we know is that a home visit is forced upon us. The school officials want to see proof of food stamps and Medicaid. Tammy lost both benefits when she started to make too much money and has to wait 30 days after she lost her job. In additional, the kids have food and a roof over their heads. We found someone to help with the medication but not until January. How can we fight this harassment?

As the others have said, this is not harrassment at all.

What is very disconcerting though is that your daughter is refusing to get at least a partial refill of her child's medication. A child's needs always comes first, no matter what, and that medication is a need that must be met.
Believe me, I understand your daughter's situation very well. I have been through it myself years ago. Instead of not getting my son's meds, the first time i couldn't afford it, I took some of my jewelry to a pawn shop to get the money. Then, the next month I was still waiting on state help, and I literally went without food, ( I ate only one meal a day for about 2 weeks). I did this so that my son could get his meds, and guess what- I did NOT starve to death, as a matter of fact, I lost some extra weight, which was a bonus for me.

The bottom line is this- no matter what her financial problems are, your daughter has a legal obligation to meet her daughter's needs, even if it means going without herself.
BTW- Isn't there anyone in the family who can help out with paying for the meds?

 

[Isis1]

i'm in agreement with everyone so far. school is mandated to check on the child's welfare. if they have option, then by god TAKE THEM!!!

i've been in that same place as Gracie. cup of noodles and one boiled egg a day. and i own no more jewlery other than my wedding ring.

 

[PQN]

warrent

Why would OP be required to allow school (govt) personnel into her home without a warrant?????????

Also, the school CANNOT mandate that a parent medicate their child.

On December 3, 2004, The Individuals with Disabilities Education Improvement Act (IDEA) was signed into law by President Bush. Incorporated within this Act was the first of its kind Federal legislation called the "Prohibition on Mandatory Medication Amendment”. This new law prohibits schools from recommending or requiring that a child take a Controlled Substance (Includes all stimulants: Ritalin, Adderall, Concerta, Dexedrine, Dextrostat, ect.) in order to attend school.

 

[Proserpina]

Why would OP be required to allow school (govt) personnel into her home without a warrant?????????

Also, the school CANNOT mandate that a parent medicate their child.

Re-read the post.

 

[ecmst12]

Doctors don't get samples of controlled drugs.

 

[Proserpina]

Doctors don't get samples of controlled drugs.

OP did not specify which drug.

Strattera, for example, is not considered a controlled drug. It's an approved treatment for ADHD.

 

[ecmst12]

And every other drug for ADHD, and there are several, is controlled. Most likely, she's taking one of those.

 

[Proserpina]

And every other drug for ADHD, and there are several, is controlled. Most likely, she's taking one of those.

Tell you what. Why don't we wait for OP to clarify? Sound good? Excellent.

(not that the matter is even close to being the priority, but heck)

 

[JKBee]

The school nurse came to my granddaughter's home last year. She had a very legitimate concern, and personally, I applaud the her for her interest. She did not insist on coming into the home, but did talk about her concerns at that time with the parents.

The school nurse is required to refer any suspicions of abuse or neglect to CPS. Instead, the nurse preferred to investigate on her own before going the entire CPS route. Due to the thoughtfulness of this person, much unpleasantness was avoided, and CPS was not involved after the nurse's home visit.

Personally, I applaud the interest that was displayed by the school and wish there were much more of this kind of involvement by schools!

 

[Ohiogal]

Is it the school nurse and school officials OR did they report child neglect to Children's Services as they are required by law to do? YOu dont' have to let them (Children services) in. Be aware by denying them access, Tammy may end up being brought into court and risk losing custody of her child since she is neglecting her medical needs. Denying a child prescribed medicines against a doctor's orders is MEDICAL NEGLECT. That is a major issue.

ETA: Oh and the school has NO RIGHT to perform an investigation. If they believe your granddaughter is not receiving prescribed medication they are mandated by law to report your daughter to Children's Services.

I want to make sure this is clear. Your daughter is NEGLECTING her child's needs. That is NOT a good thing.

 

[Ohiogal]

The school nurse came to my granddaughter's home last year. She had a very legitimate concern, and personally, I applaud the her for her interest. She did not insist on coming into the home, but did talk about her concerns at that time with the parents.

The school nurse is required to refer any suspicions of abuse or neglect to CPS. Instead, the nurse preferred to investigate on her own before going the entire CPS route. Due to the thoughtfulness of this person, much unpleasantness was avoided, and CPS was not involved after the nurse's home visit.

Personally, I applaud the interest that was displayed by the school and wish there were much more of this kind of involvement by schools!

That school nurse should lose her license and her ujob. She is REQUIRED by law to report. She is NOT ALLOWED under the law to investigate.

 

[LdiJ]

Is it the school nurse and school officials OR did they report child neglect to Children's Services as they are required by law to do? YOu dont' have to let them in. Be aware by denying them access, Tammy may end up being brought into court and risk losing custody of her child since she is neglecting her medical needs. Denying a child prescribed medicines against a doctor's orders is MEDICAL NEGLECT. That is a major issue.

I am going to disagree a little here. A parent is not required to medicate their child for ADHD. It is not legally medical neglect if a parent chooses not to medicate their child for ADHD. Yes, it will thoroughly tick off school officials if they do not, but they cannot lose custody over that decision.

Now, this is not a parent who has chosen not to medicate the child, it is a parent who currently does not have the financial ability to pay for the meds. However, I don't think that changes the legal status.

Also, a doctor would not insist on a child being on meds for ADHD. A doctor would go with the parent's wishes if the doctor agreed that the child had ADHD. Therefore a parent would not be going against doctor's orders if the parent chose not to medicate their child.