Day: May 8, 2009

arrest, awareness, child custody, child welfare reform, foster care abuse, cps, crime, domestic violence, false allegations, families
CPS Used My Decision to Home School I Was Charged with Truancy

One of the reasons my child was taken into foster care4 was an allegation against me of neglecting my son’s education, and not sending him to school.  This is how they managed to pull it off.

Early on in the new semester after winter break, I received a call from the school that my ex husband was calling the district trying to find out what school my son was going to.  This was a problem because my ex was under a domestic violence protective order requiring no contact with the child.  However, it did not tell the school not to disclose the name of the child’s school he was attending; and did not specify anything else on release of records.  If he came to the school and requested a copy of the file, they would have to give it to him, and/or telling my ex the name of the school might risk my child’s safety.

I decided to home school after having heard my ex threaten to “kidnap” my son, and fearing the worst I wanted to take no chances.  I kept my son home.

I used the Abeka Books Curriculum which is a very good program that had been used at my son’s private school in Florida, based on Christian teachings.  The curriculum is highly recommended, and is more than  competent to meet standards of home schooling in Texas.

Looking back

My first mistake was not withdrawing my son from school before removing him from attendance. That created the opportunity to be counted absent, and not for medical reasons.  Although the school had been made aware, especially since they first contacted me, that there was a problem, the custody issues involved in my situation came forth when my ex had begun to dispute the legal papers I had given the school. So the school decided to hold off on allowing me to withdraw my son until the “legal team” could review my legal papers at the district level.

We went back and forth for a period of time, my son missing  several weeks of school, technically, during all of this.  Although I was teaching my son at home the school district never sent a truancy officer to visit, and they never asked for documentation.  I did inform them in writing, and kept the copies of the correspondence in my files though.

After a couple of weeks, one week being spring break, there was much confusion as to my custody status and whether I was allowed to withdraw my son, since the separate custody battle had begun with a temporary restraining order placed on me, customary when suit is filed, so that the parent doesn’t remove the child from school.  The timing had just perfectly overlapped and caused enough confusion such that the school disallowed the withdrawal until they figured it all out.

Unfortunately in my case, I had unseen forces at work, being two other parties, the child’s father and grandmother, working together, to fool the outsiders, into removing my child from my care under the guise of I was not a good mother.  This opportunity came about when I removed him from school (out of fear he would be kidnapped) that they could say I didn’t care about his education and didn’t get him to school.  Of course if you compare it to her allegation that he lived with her at the same time (for the six months prior) you start to see the holes in the story, but with so many cases in the family courts who has time to truly look at the big picture when the immediate case can be stamped and moved along.

Another mishap that I didn’t realise had occured was when the school then sent a notice by certified mail to me  that they would be filing charges against me if I did not blah blah blah since I never got the letter, I don’t exactly know what it said.  The address they had on file had been my child’s grandmother’s address & not mine.   BIG MISTAKE.

I had recently moved to Texas on what was possibly meant to be a temporary basis, and was not sure where my son and I would stay for any length of time, so initially, in order to get my son back in school expeditiously, we used her address when I moved out of my brother’s house where we had been staying.

I forgot to change it or clarify anything regarding the address in the midst of the chaos at the time that caused me to fear sending my son to school in the first place; I should have done that immediately when I moved.

Again, in hindsight, that turned into another problem that played a huge role in my nightmare.  The other huge mistake of mine was relying on the deal I had worked out with the child’s grandmother, that he was picked up in the afternoons by her from school.  Normally, a grandmother picking up a child to keep until Mom or Dad get home seems perfectly acceptable; except when the grandmother has malicious intent. Although my son was brought to me once I returned home from work in the early evenings, it opened up for another opportunity for nefarious behavior on the grandmother’s part in order to secure her standing against me in court.

Since my son carpooled to school with his cousin, usually driven by my sister-in-law, I was rarely seen at the school on either morning dropoff or afternoon pickup.  This ultimately hurt my standing in court when it had been alleged that my son lived with the grandmother for six months prior to the filing of the case (a requirement by law before bringing suit against me in court for custody) in order to prove he lived with her, she could then used the schools’ familiarity with her being there with my son as proof, or evidence via witnesses and the teachers and school staff were easily fooled because they saw her with my son in the afternoons and not me.  This created ample collateral witnesses, and since CPS loves to use the public school as a place to interview and take children, it was very convenient for them as well in building a case.  I was working at a flower shop in the afternoons but my son was living with me even though the school thought he didn’t (unbeknownst to me).  I didn’t realise at the time that there was any such misunderstanding.  That’s the way they wanted it to be.

I was charged with four counts of Failure to Abide By Compulsory Attendance Laws which pretty much means pay a fine and get your child’s butt to school.

That’s when the worst doesn’t happen. In my case, it did.

So having sent my notice to the wrong address it allowed for the opportunity for the child’s grandmother to then sign for it but not tell me about it. Thus, i didn’t find out until too late, and I was charged after I missed the deadline to do whatever the letter  said – I believe it was to return my son to school in full attendance or face charges.  I missed the deadline, unknowingly, as my arch enemy and my exhusband both chuckled quietly at the sinister mail follies in their diabolical plan that was coming together beautifully.

According to school files, they had a signed certified letter  that I received notice from the school notifying me of the deadline to act in compliance or else.  It appeared that I ignored the notice after receiving it and signing for it, and thus, did not care about my child’s education.  Perfect for CPS to grab hold and run.

Prior to being adjudicated in court on the charges CPS used the fact that I had been CHARGED with truancy related accusations (not convicted when they did this, mind you…)  in order to justify removing my child from my home.

I wrote many letters to the school during this entire process.  Although my charges were ultimately dropped, the fact remained my son was taken away from me and the mere allegations allowed them one of several doors to walk through when coming up with ways to justify the removal of my son.

Remember – neglectful supervision is very elastic of a term, and almost anything can fit it.  If CPS wants a child, they can use neglectful supervision to take that child, then, if the facts don’t match the theory, change the fact.

Several years later, looking at the records online, I found the name of the charges they filed against me actually are listed as something else – Parent Contributing to Nonattendance.  Sounds a little more derogatory in my opinion.  How they can just change what the person is charged with years later on record is beyond my comprehension, but disposition states Dismissed due to bad identification.  Anyone know what that means? Email me and let me know.

So I hope this serves to at least warn you to be careful with your decision to home school and make sure you document all contact and dealings, follow the law and all procedures, and document it all.  That was if you do find yourself in a nightmare situation, you may be able to overturn it, or hopefully avoid it all together.

Good luck!

arrest, awareness, child custody, child welfare reform, foster care abuse, cps, crime, domestic violence, false allegations, families
CPS Used My Decision to Home School I Was Charged with Truancy

One of the reasons my child was taken into foster care4 was an allegation against me of neglecting my son’s education, and not sending him to school.  This is how they managed to pull it off.

Early on in the new semester after winter break, I received a call from the school that my ex husband was calling the district trying to find out what school my son was going to.  This was a problem because my ex was under a domestic violence protective order requiring no contact with the child.  However, it did not tell the school not to disclose the name of the child’s school he was attending; and did not specify anything else on release of records.  If he came to the school and requested a copy of the file, they would have to give it to him, and/or telling my ex the name of the school might risk my child’s safety.

I decided to home school after having heard my ex threaten to “kidnap” my son, and fearing the worst I wanted to take no chances.  I kept my son home.

I used the Abeka Books Curriculum which is a very good program that had been used at my son’s private school in Florida, based on Christian teachings.  The curriculum is highly recommended, and is more than  competent to meet standards of home schooling in Texas.

Looking back

My first mistake was not withdrawing my son from school before removing him from attendance. That created the opportunity to be counted absent, and not for medical reasons.  Although the school had been made aware, especially since they first contacted me, that there was a problem, the custody issues involved in my situation came forth when my ex had begun to dispute the legal papers I had given the school. So the school decided to hold off on allowing me to withdraw my son until the “legal team” could review my legal papers at the district level.

We went back and forth for a period of time, my son missing  several weeks of school, technically, during all of this.  Although I was teaching my son at home the school district never sent a truancy officer to visit, and they never asked for documentation.  I did inform them in writing, and kept the copies of the correspondence in my files though.

After a couple of weeks, one week being spring break, there was much confusion as to my custody status and whether I was allowed to withdraw my son, since the separate custody battle had begun with a temporary restraining order placed on me, customary when suit is filed, so that the parent doesn’t remove the child from school.  The timing had just perfectly overlapped and caused enough confusion such that the school disallowed the withdrawal until they figured it all out.

Unfortunately in my case, I had unseen forces at work, being two other parties, the child’s father and grandmother, working together, to fool the outsiders, into removing my child from my care under the guise of I was not a good mother.  This opportunity came about when I removed him from school (out of fear he would be kidnapped) that they could say I didn’t care about his education and didn’t get him to school.  Of course if you compare it to her allegation that he lived with her at the same time (for the six months prior) you start to see the holes in the story, but with so many cases in the family courts who has time to truly look at the big picture when the immediate case can be stamped and moved along.

Another mishap that I didn’t realise had occured was when the school then sent a notice by certified mail to me  that they would be filing charges against me if I did not blah blah blah since I never got the letter, I don’t exactly know what it said.  The address they had on file had been my child’s grandmother’s address & not mine.   BIG MISTAKE.

I had recently moved to Texas on what was possibly meant to be a temporary basis, and was not sure where my son and I would stay for any length of time, so initially, in order to get my son back in school expeditiously, we used her address when I moved out of my brother’s house where we had been staying.

I forgot to change it or clarify anything regarding the address in the midst of the chaos at the time that caused me to fear sending my son to school in the first place; I should have done that immediately when I moved.

Again, in hindsight, that turned into another problem that played a huge role in my nightmare.  The other huge mistake of mine was relying on the deal I had worked out with the child’s grandmother, that he was picked up in the afternoons by her from school.  Normally, a grandmother picking up a child to keep until Mom or Dad get home seems perfectly acceptable; except when the grandmother has malicious intent. Although my son was brought to me once I returned home from work in the early evenings, it opened up for another opportunity for nefarious behavior on the grandmother’s part in order to secure her standing against me in court.

Since my son carpooled to school with his cousin, usually driven by my sister-in-law, I was rarely seen at the school on either morning dropoff or afternoon pickup.  This ultimately hurt my standing in court when it had been alleged that my son lived with the grandmother for six months prior to the filing of the case (a requirement by law before bringing suit against me in court for custody) in order to prove he lived with her, she could then used the schools’ familiarity with her being there with my son as proof, or evidence via witnesses and the teachers and school staff were easily fooled because they saw her with my son in the afternoons and not me.  This created ample collateral witnesses, and since CPS loves to use the public school as a place to interview and take children, it was very convenient for them as well in building a case.  I was working at a flower shop in the afternoons but my son was living with me even though the school thought he didn’t (unbeknownst to me).  I didn’t realise at the time that there was any such misunderstanding.  That’s the way they wanted it to be.

I was charged with four counts of Failure to Abide By Compulsory Attendance Laws which pretty much means pay a fine and get your child’s butt to school.

That’s when the worst doesn’t happen. In my case, it did.

So having sent my notice to the wrong address it allowed for the opportunity for the child’s grandmother to then sign for it but not tell me about it. Thus, i didn’t find out until too late, and I was charged after I missed the deadline to do whatever the letter  said – I believe it was to return my son to school in full attendance or face charges.  I missed the deadline, unknowingly, as my arch enemy and my exhusband both chuckled quietly at the sinister mail follies in their diabolical plan that was coming together beautifully.

According to school files, they had a signed certified letter  that I received notice from the school notifying me of the deadline to act in compliance or else.  It appeared that I ignored the notice after receiving it and signing for it, and thus, did not care about my child’s education.  Perfect for CPS to grab hold and run.

Prior to being adjudicated in court on the charges CPS used the fact that I had been CHARGED with truancy related accusations (not convicted when they did this, mind you…)  in order to justify removing my child from my home.

I wrote many letters to the school during this entire process.  Although my charges were ultimately dropped, the fact remained my son was taken away from me and the mere allegations allowed them one of several doors to walk through when coming up with ways to justify the removal of my son.

Remember – neglectful supervision is very elastic of a term, and almost anything can fit it.  If CPS wants a child, they can use neglectful supervision to take that child, then, if the facts don’t match the theory, change the fact.

Several years later, looking at the records online, I found the name of the charges they filed against me actually are listed as something else – Parent Contributing to Nonattendance.  Sounds a little more derogatory in my opinion.  How they can just change what the person is charged with years later on record is beyond my comprehension, but disposition states Dismissed due to bad identification.  Anyone know what that means? Email me and let me know.

So I hope this serves to at least warn you to be careful with your decision to home school and make sure you document all contact and dealings, follow the law and all procedures, and document it all.  That was if you do find yourself in a nightmare situation, you may be able to overturn it, or hopefully avoid it all together.

Good luck!

arrest, awareness, child custody, child welfare reform, foster care abuse, cps, crime, domestic violence, false allegations, families
CPS Used My Decision to Home School I Was Charged with Truancy

One of the reasons my child was taken into foster care4 was an allegation against me of neglecting my son’s education, and not sending him to school.  This is how they managed to pull it off.

Early on in the new semester after winter break, I received a call from the school that my ex husband was calling the district trying to find out what school my son was going to.  This was a problem because my ex was under a domestic violence protective order requiring no contact with the child.  However, it did not tell the school not to disclose the name of the child’s school he was attending; and did not specify anything else on release of records.  If he came to the school and requested a copy of the file, they would have to give it to him, and/or telling my ex the name of the school might risk my child’s safety.

I decided to home school after having heard my ex threaten to “kidnap” my son, and fearing the worst I wanted to take no chances.  I kept my son home.

I used the Abeka Books Curriculum which is a very good program that had been used at my son’s private school in Florida, based on Christian teachings.  The curriculum is highly recommended, and is more than  competent to meet standards of home schooling in Texas.

Looking back

My first mistake was not withdrawing my son from school before removing him from attendance. That created the opportunity to be counted absent, and not for medical reasons.  Although the school had been made aware, especially since they first contacted me, that there was a problem, the custody issues involved in my situation came forth when my ex had begun to dispute the legal papers I had given the school. So the school decided to hold off on allowing me to withdraw my son until the “legal team” could review my legal papers at the district level.

We went back and forth for a period of time, my son missing  several weeks of school, technically, during all of this.  Although I was teaching my son at home the school district never sent a truancy officer to visit, and they never asked for documentation.  I did inform them in writing, and kept the copies of the correspondence in my files though.

After a couple of weeks, one week being spring break, there was much confusion as to my custody status and whether I was allowed to withdraw my son, since the separate custody battle had begun with a temporary restraining order placed on me, customary when suit is filed, so that the parent doesn’t remove the child from school.  The timing had just perfectly overlapped and caused enough confusion such that the school disallowed the withdrawal until they figured it all out.

Unfortunately in my case, I had unseen forces at work, being two other parties, the child’s father and grandmother, working together, to fool the outsiders, into removing my child from my care under the guise of I was not a good mother.  This opportunity came about when I removed him from school (out of fear he would be kidnapped) that they could say I didn’t care about his education and didn’t get him to school.  Of course if you compare it to her allegation that he lived with her at the same time (for the six months prior) you start to see the holes in the story, but with so many cases in the family courts who has time to truly look at the big picture when the immediate case can be stamped and moved along.

Another mishap that I didn’t realise had occured was when the school then sent a notice by certified mail to me  that they would be filing charges against me if I did not blah blah blah since I never got the letter, I don’t exactly know what it said.  The address they had on file had been my child’s grandmother’s address & not mine.   BIG MISTAKE.

I had recently moved to Texas on what was possibly meant to be a temporary basis, and was not sure where my son and I would stay for any length of time, so initially, in order to get my son back in school expeditiously, we used her address when I moved out of my brother’s house where we had been staying.

I forgot to change it or clarify anything regarding the address in the midst of the chaos at the time that caused me to fear sending my son to school in the first place; I should have done that immediately when I moved.

Again, in hindsight, that turned into another problem that played a huge role in my nightmare.  The other huge mistake of mine was relying on the deal I had worked out with the child’s grandmother, that he was picked up in the afternoons by her from school.  Normally, a grandmother picking up a child to keep until Mom or Dad get home seems perfectly acceptable; except when the grandmother has malicious intent. Although my son was brought to me once I returned home from work in the early evenings, it opened up for another opportunity for nefarious behavior on the grandmother’s part in order to secure her standing against me in court.

Since my son carpooled to school with his cousin, usually driven by my sister-in-law, I was rarely seen at the school on either morning dropoff or afternoon pickup.  This ultimately hurt my standing in court when it had been alleged that my son lived with the grandmother for six months prior to the filing of the case (a requirement by law before bringing suit against me in court for custody) in order to prove he lived with her, she could then used the schools’ familiarity with her being there with my son as proof, or evidence via witnesses and the teachers and school staff were easily fooled because they saw her with my son in the afternoons and not me.  This created ample collateral witnesses, and since CPS loves to use the public school as a place to interview and take children, it was very convenient for them as well in building a case.  I was working at a flower shop in the afternoons but my son was living with me even though the school thought he didn’t (unbeknownst to me).  I didn’t realise at the time that there was any such misunderstanding.  That’s the way they wanted it to be.

I was charged with four counts of Failure to Abide By Compulsory Attendance Laws which pretty much means pay a fine and get your child’s butt to school.

That’s when the worst doesn’t happen. In my case, it did.

So having sent my notice to the wrong address it allowed for the opportunity for the child’s grandmother to then sign for it but not tell me about it. Thus, i didn’t find out until too late, and I was charged after I missed the deadline to do whatever the letter  said – I believe it was to return my son to school in full attendance or face charges.  I missed the deadline, unknowingly, as my arch enemy and my exhusband both chuckled quietly at the sinister mail follies in their diabolical plan that was coming together beautifully.

According to school files, they had a signed certified letter  that I received notice from the school notifying me of the deadline to act in compliance or else.  It appeared that I ignored the notice after receiving it and signing for it, and thus, did not care about my child’s education.  Perfect for CPS to grab hold and run.

Prior to being adjudicated in court on the charges CPS used the fact that I had been CHARGED with truancy related accusations (not convicted when they did this, mind you…)  in order to justify removing my child from my home.

I wrote many letters to the school during this entire process.  Although my charges were ultimately dropped, the fact remained my son was taken away from me and the mere allegations allowed them one of several doors to walk through when coming up with ways to justify the removal of my son.

Remember – neglectful supervision is very elastic of a term, and almost anything can fit it.  If CPS wants a child, they can use neglectful supervision to take that child, then, if the facts don’t match the theory, change the fact.

Several years later, looking at the records online, I found the name of the charges they filed against me actually are listed as something else – Parent Contributing to Nonattendance.  Sounds a little more derogatory in my opinion.  How they can just change what the person is charged with years later on record is beyond my comprehension, but disposition states Dismissed due to bad identification.  Anyone know what that means? Email me and let me know.

So I hope this serves to at least warn you to be careful with your decision to home school and make sure you document all contact and dealings, follow the law and all procedures, and document it all.  That was if you do find yourself in a nightmare situation, you may be able to overturn it, or hopefully avoid it all together.

Good luck!

accountability, awareness, child, children, cps, education, families, family, foster care, government, home, law, legal, social workers
CPS v. Home Schoolers… FAQ on Dealing With School District

HOME SCHOOLING PARENTS v. CPS

Truancy laws are very often used by CPS so its a good idea to be familiar with what could happen.

If you are homeschooling in Texas, it might be a good idea to be familiar with what you could be up against when it comes to CPS and your child’s education.  Many home schoolers find themselves being accused of truancy when they are being schooled at home.

So before you find yourself being charged with Parental Failure to Abide by the Compulsory Attendance Laws, followed by Neglectful Supervision, here’s a FAQ sheet on DEALING WITH THE SCHOOL DISTRICT.

0008-0802-2310-5708

This article is reprinted from the Handbook for Texas Home Schoolers published by the Texas Home School Coalition Association and may be copied only in its entirety, including this paragraph of credit and information. The Handbook for Texas Home Schoolers is a manual for home educators in Texas that includes information about where to find curricula; the laws in Texas; the how-to’s of home schooling; graduation; national, state, regional, and local organizations; and samples of letters referenced in this article. It can be purchased from the Texas Home School Coalition Association at PO Box 6747, Lubbock, TX 79493, for $20 (includes tax and shipping). For more information, contact the THSC Association at (806) 744-4441, staff@thsc.org, or www.thsc.org.

FREQUENTLY ASKED QUESTIONS when dealing with the school district.

  • I have decided to home school. What do I need to do? My child is enrolled in public school.

The first thing you need to do is obtain a curriculum. It is wise to find a local support group to help you set up your school.

Although you are not legally required to contact the school district, chances are very high that you will receive a visit from an attendance officer if you simply remove your child. Therefore, once you have a curriculum in hand, write the principal of the school your child attends and tell him that you are withdrawing your child to teach him at home. If the school contacts you and says that you must do more (come to the central office, fill out a form, or something else along those lines), do not go to the school. Your reply should be that if they will provide their request to you in writing, you will be glad to respond. If you receive a request of any kind, you are only required to give them a simple letter of assurance.

  • How many days per year must we have school?

The Texas Education Code requires that public schools meet 180 days per year; public school students must attend 170 days/year. This applies to public schools only. Home schools in Texas are private schools and the state of Texas does not regulate the number of days per year that private schools must be in session or the number of days a student must attend.

  • How many hours a day must we conduct school?

Home schools in Texas are private schools and are not regulated by the state. No minimum hours are required. You will probably find that your student can accomplish more work in the same period of time than public school child if for no other reason than because of not having to stand in line, wait for roll call, and the like.

  • May someone else homeschool my child?

Yes. Home schools in Texas have been determined by the Texas Supreme Court to be private schools. Private schools are not regulated by the state of Texas. There are no requirements such as teacher certification or curriculum approval. The ruling of the Leeper case states that a parent “or one standing in parental authority” may educate a child. However, if a person is teaching more than three students outside her family, she may encounter problems with local zoning ordinances, and the state may require that she be licensed for childcare.

  • May my child participate in classes at the public school?

That is a local school decision. It is possible for a public school to allow this, but it is not likely at this time. The rules are somewhat different for special needs students; check with your local district.

  • May my child participate in extracurricular activities at the public school?

At this time, a local public school could allow your child to play in the band or other such activities; however, he would not be able to take part in events sponsored by the University Interscholastic League (UIL) such as athletic competitions or band and choir contests.

  • What is the compulsory school age requirement?

A child who is age six as of September 1 of the current school year must be enrolled in school until his eighteenth birthday, unless he has graduated. 16. What about testing my child? Although the state of Texas does not require testing of private school students, many home school parents do give their children annual tests using nationally-normed achievement tests.

  • May my child go out in public during the day? What if someone questions him about why he is not in school?

Home schools in Texas are private schools. Home school parents are law-abiding citizens and should not feel the need to hide their children during the day. If someone asks you or your child why he is not in school, you should respond that you home educate and that you have already accomplished your work for the day or that you are on a school field trip. You should be aware that if your children are seen during public school hours you will generate questions. If your child is in public without you and your city has a daytime curfew, you could encounter difficulties.

  • What happens if my child wants to enter or re-enter public school?

School districts set the requirements for enrollment in their schools. This is a local decision–not one made by the state of Texas. You should check with the local school district concerning its policy regarding accepting unaccredited private school students.

  • What is required for graduation?

Home schools in Texas are private schools and not regulated by the state; therefore, just as with other private schools, home schools set their own graduation standards. There is no minimum age requirement for graduation.

  • How can my child receive a diploma?

When a student meets the requirements set by his school for graduation (see question #19), he may receive a diploma. Diplomas may be ordered from the Texas Home School Coalition Association and other sources.

  • What if I work?

Remember that home schools are private schools and there is no requirement for hours or the time when education must take place. The only requirement is that a written curriculum covering the basic areas (see question #3) must be pursued in a bona fide (not a sham) manner. Consequently, one could work and teach his child as well. While this would be difficult and take some discipline, it is certainly possible and legal.

  • Is there a recurring theme here?

The answer is “yes”! Home schools in Texas are private schools. Private schools in Texas are not regulated. Therefore, home schools in Texas are not regulated. Keep this thought central in your mind when dealing with those who want to regulate or restrict your freedom to teach your children.

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