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  1. #1
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    Apr 2016
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    Default Teacher Interrogated Child About Poor Attendance During an Open CPS Investigatiom

    My question involves child abuse or neglect in the State of: Ohio

    My daughter's 1st grade teacher called CPS because of excessive unexcused absences. I am fully cooperating with the CPS worker, and frankly, was not worried because there is no concern to be had. I have five children and know the difference between a cold and something they need to see a doctor for or need emergency care for. Excessive antibiotic use and the resulting antibiotic resistant bugs are something everyone needs to worry about. Obviously, since contact with the case worker, there havent been any subsequent absences. Anyway, fast forward 2 weeks into the investigation: my daughter came home from school and told me her teacher had her talk to a school counselor about her past absences from school. The next day, I reported it to the CPS case worker who told me the school is aware of the investigation and are not to engage in "prying" information out of my daughter. At the end of the conversation, the case worker informed me that there was another complaint containing all of the topics my daughter said she had spoken to the school counselor about. These allegations were inflammatory and exagerated. I couldnt believe it. I told her those were the topics my daughter had said she spoke to the counselor about. I plan on filing formal complaints against all parties involved with the superintendent of the school district. I am wondering if there is anything else that can be done, legally, against the staff in what I consider to be harassment.

  2. #2
    Join Date
    Sep 2005
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    California
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    20,594

    Default Re: Teacher Interogated Child Durring Open CPS Investigatiom

    First, unless OH has a specific statute granting CPS such control over children that are not wards, CPS has no control over how the school conducts its activities with regards to attendance, behavior, etc. They can agree not to make any inquiry, but, they would be able to ask a child about anything they otherwise have a legal right to ask about whether CPS wants them to or not. In fact, depending on the nature of the allegations/incidents, they may have an obligation to make some further inquiry for the welfare of the child or other children.

    You are certainly free to make the personnel complaint to the Superintendent. If the teacher or Admin violated some school policy, it should be addressed. But, be prepared - you may never be advised what came of your complaint, and it is possible that nothing will come of it (particularly if nothing occurred that violated policy or law).

    If you have the resources, you can always speak with an attorney to see if there are other options such as an injunction that might prevent the school from speaking to your child without you being notified. In fact, your state may permit you to inform the school that they are NOT to speak to your child without you permission. There may be others with more detailed knowledge of OH law that might chime in here, but, in general, schools have a lot of leeway to address issues regarding their students' safety.

  3. #3
    Join Date
    Jun 2014
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    3,212

    Default Re: Teacher Interogated Child Durring Open CPS Investigatiom

    Unless a child has a fever or is throwing up, it is usually best to send them to school. If they don't get to feeling better or they feel worse, they can check out. If a child is sick often enough for excessive school absences, but doesn't appear to be sick enough to require a drs appointment they need to see a dr to find out what the problem is.

    When a child is abused or neglected, it is common for a parent to keep them home from school. Children know when they are sick and when they aren't. When a parent tells a child to say they were home sick and they know the weren't, they aren't going to consistently say they were. If the child has been staying home because they child didn't feel well, that is what they will say. It is also important to note that sometimes when a child doesn't feel well that the cause is not always physical. In those cases, their dr can refer the child to a specialist.

  4. #4
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    Default Re: Teacher Interogated Child Durring Open CPS Investigatiom

    I disagree that children know when they're sick and when they aren't, as a general statement. Some of the worst pediatric illnesses come with non-specific and even no symptoms and the younger the child the more difficult it can be trying to figure out if the child is bored, hungry, upset or sick.

    Children don't always know when they're sick and when they're not.

  5. #5
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    Default Re: Teacher Interogated Child Durring Open CPS Investigatiom

    Fortunately, and I'm sure entirely coincidentally, the child's health problems that led to poor school attendance seemed to clear up when CPS started its investigation.

  6. #6
    Join Date
    Jan 2015
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    Default Re: Teacher Interogated Child Durring Open CPS Investigatiom

    And there are lots of plain old lazy parents out there who find it just too stressful to get their children up and get them off to school. Raising five children is quite a job. But really, falling back on the old "I don't take my children to the doctor for everything, just let them stay home from school and be sick, because you know, kids get too many antibiotics from the doctors" sounds awfully suspicious. It is not a bad thing for children to be checked on and checked with if they are missing a lot of school days. If you're that notional and defensive, don't think anybody has the right to question your children even though they've missed upteen days of school without a doctor's excuse, why aren't you homeschooling them? And if they're that sick, enough to stay home from school, I suspect that antibiotics overuse or not, they need to be treated, there's something wrong.

  7. #7
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    Default Re: Teacher Interogated Child Durring Open CPS Investigatiom

    Quote Quoting Mr. Knowitall
    View Post
    Fortunately, and I'm sure entirely coincidentally, the child's health problems that led to poor school attendance seemed to clear up when CPS started its investigation.
    Truly remarkable.

  8. #8
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    Jul 2006
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    1,421

    Default Re: Teacher Interrogated Child About Poor Attendance During an Open CPS Investigatiom

    Quote Quoting jeccak03
    View Post
    My question involves child abuse or neglect in the State of: Ohio

    My daughter's 1st grade teacher called CPS because of excessive unexcused absences. I am fully cooperating with the CPS worker, and frankly, was not worried because there is no concern to be had. I have five children and know the difference between a cold and something they need to see a doctor for or need emergency care for. Excessive antibiotic use and the resulting antibiotic resistant bugs are something everyone needs to worry about. Obviously, since contact with the case worker, there havent been any subsequent absences. Anyway, fast forward 2 weeks into the investigation: my daughter came home from school and told me her teacher had her talk to a school counselor about her past absences from school. The next day, I reported it to the CPS case worker who told me the school is aware of the investigation and are not to engage in "prying" information out of my daughter. At the end of the conversation, the case worker informed me that there was another complaint containing all of the topics my daughter said she had spoken to the school counselor about. These allegations were inflammatory and exagerated. I couldnt believe it. I told her those were the topics my daughter had said she spoke to the counselor about. I plan on filing formal complaints against all parties involved with the superintendent of the school district. I am wondering if there is anything else that can be done, legally, against the staff in what I consider to be harassment.
    Oh for the love of God. In what county are you located? The ninth district court of appeals has stated that truancy IS not a proper reason for CPS to get involved. If any other district would disagree with that, the Supreme Court of Ohio would HAVE to review the issue. Why are you cooperating with the CPS worker?

  9. #9
    Join Date
    Sep 2005
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    California
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    Default Re: Teacher Interrogated Child About Poor Attendance During an Open CPS Investigatiom

    I strongly suspect that there is more than simply truancy being alleged. At least in my experience, when there are allegations of excessive truancy involving a young child, there are other issues as well.

  10. #10
    Join Date
    Jun 2014
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    3,212

    Default Re: Teacher Interogated Child Durring Open CPS Investigatiom

    Dogmatique, as always, you are correct. I should have clarified. This is a child in the first grade that had so many unexcused absences that the child has poor attendance, no doctors notes and the teacher is concerned enough to call CPS.

    Dogmatique, you are correct that in very young children that sometimes a child being ill doesn't have the typical symptoms that parents know to look for. In very young children, it can be very difficult to determine if the child bored, upset, sleepy, hungry, needs changing or is sick. But, regardless of the age of the child, if this happens frequently, the child needs to be taken to the dr to find out what the problem might be.

    Personally, I think there is more to the story. I think that the teacher's call to CPS deals with more than the child having poor attendance. Same thing with the school counselor talking to the child about being absent. If CPS, school counselor, teacher, etc asks a child that is in the first grade if they stayed home because they didn't fell good, that child is going to be able to say yes or no. Another question might be did the child stay home because Mommy and Daddy had a fight ? Did the child stay home because Mommy or Daddy were sick ? It appears that the child being kept home because Mommy honestly thought there was something wrong with the child, is suspect. The fact that the child has not missed any days since CPS has been investigating the family is interesting. The fact another complaint has been made containing all of the topics the child and the counselor talked about also indicates that their is concern about much more than the days the child has missed school.

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