Child Protective Services and Parental Rights in Public Schools

One Ohio family is currently without their 7-year-old son after he was taken by Ohio’s Child Protective Services when the parents refused to subject the boy to testing for a behavioral disorder at school. The boy’s teachers cited that his wild behavior stems from undiagnosed Attention Deficit Hyperactivity Disorder, however, this disorder can be difficult to diagnose in young children and was not something the boy’s parents were interested in exploring. When the parents refused, things became more difficult, as the school filed a report for neglect.

When the neglect allegation arose, the parents were contacted for an in-home visit, but denied the investigation into their personal lives and noted their right to privacy, child rearing, and their ability to make medical decisions on behalf of their minor son. Once the boy was removed from the home after their emergency hearing, he was placed with his grandparents, and his parents get visitation rights at specific times.

However, the school justifies its action by insisting that a failure to report the family would be a violation of its duty to report any suspected neglect or abuse of a child, which could result in penalties, criminal charges, and the loss of license. State law differs and neglect has many definitions, one of which encompasses the failure to ensure that a child is educated as required by the state, but does not include a parent’s refusal to provide his or her child with any medications that target the sympathetic nervous system, which includes medications for attention deficit disorders. In Ohio, parents can be charged with neglect if they fail to provide proper care or necessary medical treatment or care necessary for the child’s health or well-being.

Fighting for Your Child’s Rights?

While schools also have a right to ensure that children are properly taken care of and diagnosed if a condition is suspected, parents also have a right to some degree of control over what goes on in their children’s lives medically. If you or someone you know believes they are being victimized by their school or being forced to endure testing they do not wish to take, we want to hear from you today. Do not hesitate to call the legal team at Lawrence Law Office today at (614) 228 – 3664 for a consultation or email us using our website or lawrence@lawrencelawoffice.com.

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