Do the Children of Registered Sex Offenders Have Any Rights

[abby5500]

My question involves civil rights in the State of: Texas.

I believe that my friend and her children have been treated unfairly and unjustly by our home school group. They are using public information about an adult to punish, shun, and brand children.
Her husband is a registered sex offender, whose crime was against a child. She believes that he's innocent, but I don't really think it matters in this situation.
On Friday, a member of our homeschool group's Board of Directors found out that he was on the registry. They said that they had voted in a policy from 2008 that stated:
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Registered Sex Offender Policy
(as of 8/27/2008)
If it is brought to the attention of the Board that a member is a registered sex offender and the crime was committed against a child, the family's membership will be revoked.
If the crime was committed against an adult, the family can choose between two options:
1) The family may remain in if they agree to disclose the registry status to members. The family may continue to participate in events with the following restrictions: the member on the registry may not attend events on the calendar and the family will not host events in their home.
2) The family may withdraw their membership and the Board will not announce the registry information to the group.
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The problem is that this policy wasn't in the public listing of their bylaws (until Friday), it isn't mentioned on the membership application, and my friend joined in 2011, so she wasn't around when it was voted on. They told her that the bylaws state that even though he wasn't listed on her application, he is a member of the group by definition because he's their parent. So, my friend and her three children had their membership revoked. The BOD is also threatening to publicly disclose this information to "protect it's members," even though no one has met or seen him in the year and a half they have been in the group.
Because of his probation, we've never even met him. He's not allowed to be where children congregate. So, even though he has never been to an event and none of us know him, the children have been kicked out of their only social group.
Also, I interpret from this policy that children who have been sexually abused by a parent are not allowed in their group. So, if a child in our group is molested and they report the crime, they will be kicked out of the homeschool group.
This all seems wrong to me, but I'm not sure who to check with about their right to privacy. I understand that her husband lost those rights when he was convicted of this crime, but the children and spouse are not felons. It seems unjust, to me.
If you can not help me, could you direct me to someone who may be able to explain if this policy is legal and just? Her children are so sad that they've been taken out of their only social group. I just want to help in some way and she won't join another group, because she's afraid it will happen again.
I appreciate your time.

[PTPD22]

Also, I interpret from this policy that children who have been sexually abused by a parent are not allowed in their group. So, if a child in our group is molested and they report the crime, they will be kicked out of the homeschool group.

No, that is not what it says at all. It says:

If it is brought to the attention of the Board that a member is a registered sex offender and the crime was committed against a child, the family's membership will be revoked.

So, if the offense occurred after the family were already members, by the time the offender was adjudicated and became registered, he/she would no longer be part of the household and, therefore, the children and remaining parent could remain members. At least I would HOPE, that the offender was out of the household. If the remaining parent chose to allow the person who abused the child to remain in the household (assuming the court allowed it), then I certainly would not want them to be part of MY child’s homeschool program! The fact that you friend still has this pedophile residing in the same home with her children causes me to seriously question her judgment.

I have ZERO confidence that a pedophile would not reoffend when opportunity and temptation arose. I am not a mental health expert, so I have no credibility to say that they cannot be “cured.” However, it is not a risk that I would be will to take with MY children’s welfare. And, the fact that you have not met him in the less than a year that the family has been members, does nothing to inspire confidence that opportunity would not occur in the future.

The bottom line is that the homeschool group is a private organization that can restrict membership as it wishes (well, mostly). They certainly have the freedom to prohibit pedophiles from their midst. The fact that your friend was not made aware of this restriction at the time she joined might give cause for civil action against the group to recoup any fees or costs she has already paid. But, it does nothing to prevent the group from kicking the family out.

[Dogmatique]

Was the crime against his OWN child?

There IS a reason why I'm asking.

And really - the board is likely not at fault here. These may be simply nothing more than consequences for HIS actions. He should have perhaps thought of these consequences before committing the crime.

[viol8te]

Quite simply, the board is stating that it wants to protect it's members as a whole asopposed to individual privacy. It states that the family can remain member if it follows tp major provisions. Being that the registry is made public to members of the board and the parents are aware. (2. That the home that the registered offender resides in, does not host functions. (3. the offender is banished from any calender scheduled events.

The family could have kept their mebership if the parents agreed to diclose the offender's status. They opted not to. That was a choice made by the deciding members of the family. Theye had the ability to still engage in activities, but the chose not to. If other group members are comfortable with him being a participant in their personal outings, he's allowed to go, so that's not a big deal. You've acknowledged that he can't be where children congregate, the board is just reiterating that the concur with that and this is there policy stating that members who would try to sneak under the radar of that provision, will be revoked.

The children were not kicked out. Their parents refused to concede to the policy that previously existed.

[PTPD22]

Actually, Viol8te, I think you misread the OP. The policy OP quoted:

If it is brought to the attention of the Board that a member is a registered sex offender and the crime was committed against a child, the family's membership will be revoked.
If the crime was committed against an adult, the family can choose between two options:...

Since the husband's offense was against a child, the family's membership was revoked, period. If his crime had been against an adult, it would be like you say. The way I read this, the family cannot be a member of the homeschool group as long as the pedophile husband is a household member.

[viol8te]

Actually, Viol8te, I think you misread the OP. The policy OP quoted:



Since the husband's offense was against a child, the family's membership was revoked, period. If his crime had been against an adult, it would be like you say. The way I read this, the family cannot be a member of the homeschool group as long as the pedophile husband is a household member.

Dammit! That's why I didn't go to law school, Too much reading. Nevermind. In that case, the BOD has the ability to screen out members based on certain dicretionary qualifications. It was pretty cut and dry in the preexisting policy what would be grounds for revocation. As unfair as it may seem, they still retain the right to do what they feel is in the best interest of it's members.

[abby5500]

I'm sorry that I didn't include everything about who constitutes a member of the group. The children and spouse are not allowed to join without every other parent and/or guardians also joining. The BOD has said that if she would divorce him, they might consider amending the policy to allow her to join. But they agreed that as the policy is written now, it does not allow her children to join whether or not she is married to him or not, because he IS a parent.

I really don't want to talk about him at all, because he's been convicted of his crime and that should be the end of that. I don't know anyone who wants their kids around him. I certainly don't. They abide by those wishes.

I'm concerned about the children not being allowed to join groups because of his conviction. I don't think he should ever be allowed to join the group or any group with children in it.

The crime was not against his own child. Here's the story: (I hate to even tell it, because I don't think it should matter. We should base our policies assuming that the legal system works and that people are honest. We have to abide by the consequences of giving our judicial system these powers. I'm good with that.)
Sonny was married to Cher. They had two kids. Their son molested their daughter. He was sent to a home.
Cher hooked up with Seal, while she was still married to Sonny. Seal and Cher wanted to get married, so Cher filed for divorce. During the custody battle, Sonny accused Seal of molesting his daughter. Seal got probation for 15 years and is on the low risk list. Seal and Cher get married, have two kids, she meets someone new and runs off...again.
Seal meets Heidi and they get married. Seal and Heidi have three children and homeschool. My friend is Heidi.

[PTPD22]

Ok, I will agree with you on that point. Barring the children from the group, even if the offending parent is no longer in the household, seems a bit overboard and unfair. But, the group is still a private organization and can bar who they wish (providing it does not violate discrimination laws).