Is it leagal to question a student without a parent being present?

Question

My 12 y/o Daughter was called into the office by the School Principal. He said that he had heard that her mother had hit her. He then continued questioning her for another 45 minutes. Then had her sign a statement.

Is that legal?

Her mother and I are going through a divorce. The mother has in fact stuck her and that's part of the reason we're divorcing.

Aren't they supposed to notify somebody prior to or at least after questioning?

Look, don't get me wrong! I'm not angry about it at all! I just wished they had contacted me. My Daughter came home in tears and I had no idea why!

And I was not aware that the abuse was even happening!
This all started about 3 months ago and as soon as I found out I called local law enforcement and they wouldn't even take a report.

You see, we just moved from Arkansas to California. Ark. is a bit behind the times! They still use and support corporal punishment in School!

Answer 1

the talking part is not necessarily a problem but the fact that she had to sign a statement is not legal because she is not an adult and she has the right to have a parent present and to refuse to sign anything without prior council.

Since I can't send you an email response because I keep getting this message that you haven't confirmed your email here is the answer to you email:

The problem is that if they decide to prosecute your soon to be ex-wife the child will most probably be called as a witness, which can cause trauma for a you child since she will have to testify against her mother.
Depending on how hard she hit the child, you can take your daughter to a doctor, if you haven't already and get a certificate if the wounds or bruises are visible. In such a case you can limit the mother's visitation time with the daughter as well as prevent her from spending time alone with her without you being present. In this case she will never be able to hit the child again and you will most likely get custody of your child. Also I strongly advise against you opting for joined custody of the child. If you need more help do not hesitate to let me know.

Answer 2

You people don't need to confuse school questioning with a custodial interrogation by police. Those are completely different things. Children under the age of 18 or 19, depending on the state, have less rights than adults. When abuse is suspected, the school has a duty to conduct a reasonable investigation to help determine if child abuse is in fact taking place. The fact that they had the child sign a statement is of no consequence. This isn't a criminal matter against the child, so your typical rights as far as right to counsel don't apply.

What the school did may have crossed the line a little bit, but as for it being illegal, probably not. If you have a problem with the way the school handled this, then I would suggest you voice your concerns to the principal, superintendant, and school board.

Answer 3

Unfortunately, in this day and age, sometimes the parents are the problem. I have worked in the School system for a number of years and it's unbelievable what some kids face at home. It's our job to provide an environment for kids to learn and sometimes they come to us with so many "at home" difficulties that learning is next to impossible. Some come tired,hungry, dirty, abused and with bad attitudes. School becomes an escape from the madness or a routine that they can control. And you really think that WE are not supposed to care or ask questions? Signing a statement is just a power play for the real truth. People will lie, but most wont sign a statement agreeing with one. I understand that you may not want your "business" out, but don't let pride get in the way of of help and healing. Many of us really enjoy what we do and parents need to feel good about where your child is for 6-8 hours a day. It's a team effort. Work with us.

Answer 4

Yes it is legal for a school to question a student about abuse. By law if they think there is an abuse problem they have to question it if not they can get into trouble.
Sorry about the divorce sounds like you have grounds to get custody of your child if you want to. It sounds like you really need to if there is abuse going on from the mom. Good luck

Answer 5

U KNOW SURPRISING ENOUGH, U ALL ARE LOOKING THE WRONG SUBJECT, CHILD ABUSE IS SERIOUS, SOME WHERE THEY GOT WIND OF IT, IT MAY HAVE BEEN HER BEST FRIEND THAT REPORTED IT, AND THE FATHER ADMITS TO IT. THE INTENTION OF THE PRINCIPLE IS TO SORT OUT WHAT HAS BEEN REPORT AND BRING IT TO THE ATTENTION OF THE PROPER AUTHORITY. IF THE FATHER IS ALLOWING THIS BEHAVIOR TO CONTINUE HE IS JUST AS RESPONSIBLE AS THE MOTHER. THERE IS HELP AVAILABLE AND IN THIS CASE I PRAISE THE PRINCIPAL. AND LET US NOT SPLIT HAIRS THAT SOMEONE ELSE SHOULD HAVE BEEN THERE ETC, BECAUSE THE FATHER CAN GO TO THE SCHOOL AND TALK TO THE PRINCIPAL. WHAT IS THE ANSWER CONTINUAL ABUSE OR INJURY?

Answer 6

If they think she is being abused or neglected then yes, they can ask her without a parent's consent, and in my opinion, rightfully so. I have just read a book, "A child called it" and children endure some of the worst forms of abuse from their parents. Parents should be there to nurture and protect their children not abuse them. You should also get to the bottom of it. You should never allow the other parent to abuse your child. If you know she's being abused, why haven't you done something about it besides divorcing her?

Answer 7

A doctor can sort this one out real fast! Most school officials have a responsibility for the welfare of a student and are obligated to notify authorities of any violence. You being the father can take her to a Doctor let him see and talk with the girl and then watch what happens. sorry this happened and sorry you lives are in such a turmoil. I pray it will get better..Good Luck to you and your daughter!

Answer 8

I don't think so. I think the laws will vary by state, but I think if the school feels your child is in danger or being abused, they can question them without you present. It's no different than at the emergency room when they ask your child what really happened after they call you out of the room. You should be greatful the school cares about your child's welfare.

Answer 9

No it's not legal, and as far as signing anything even an adult doesn't have to sign anything,since the very act of requiring a signature makes the signature meaningless. By signing something it means you agree to that statement,and if your forced to sign under duress the signing has no validity what so ever!

Answer 10

look, it is illegal if the law says it is wrong. if there is no such law (as in statutes, or common law judgement), then, i suppose it is not illegal. first, as the school principal, he has a certain amount of responsibility over his students. what sort of statement is that? was it done at your daughter's volition? if it wasn't forced and is with good intention, then, i suppose, that's fair enough.