Something Else Schools Can't Do -- Teach

About sex that is.

According to a District Attorney in Juneau County, Wisconsin, if teachers follow their state's new sex education law they risk being prosecuted for "misdemeanor or felony delinquency of a minor, with maximum punishments ranging from nine months in jail to six years in prison."

He suggested in his letter to school districts that someone instructing students under 16 in the use of contraceptives is punishable because "the 'natural and probable consequences' of the teacher's instruction is to cause that child to engage in sexual intercourse with a child".

Read the rest of the article here.

So, apparently, this DA thinks it is a criminal act to even cause a kid to think about sex. And that is regardless of whether what is taught actually causes sex or is designed for the purpose of protecting students from some of the consequences of their youthful indiscretions.

Legal Consequences of Teen Sexuality

The following question was posted here:

http://www.avvo.com/legal-answers/can-a-16-year-old-consent-to-sex-in-ma-to-a-29-yea-233319.html

Paraphrasing the question:

I am 16 and see a personal counselor. I told her I am in a relationship with a 29 year old man. She checked with her advisers and DCF to see if it was legal or not and said yes it is legal -- there's nothing anyone can do about it. Then a couple of months after that my counselor brought my mom in with us during a session to work on my relationship with her. My mom brought up her concerns of me possibly being with this man. I have always said to her I wasn't with him and he has told her the same. The next day tells me that it's illegal and she needs to tell the authorities. So, is it legal or not?

My answers:

The age of consent for sexual relations in Massachusetts is 16. I'll post more in a few minutes after searching to give you some citations.

Call me at 781-641-3472 if you would like a free, brief initial consultation about your rights.

The Massachusetts Trial Court Law Libraries have put together a great set of links on a page called "Massachusetts Law About Sex."

I suppose it could be argued that it might be "abuse" under DCF (formerly DSS)'s definition if the counselor had "reasonable cause to believe" that your relationship with this man "causes, or creates a substantial risk of physical or emotional injury," or if the man can be defined as a "caretaker" in relationship to you because "any sexual contact between a caretaker and a child under the care of that individual" also constitutes "abuse." I'll link the definition page below as well as the statutory link about what a counselor is "mandated" to "report."

On the other hand, a child in DCF custody is allowed to consent to her own "family planning services" which can include contraception. See §11.05 of the Medical Authorizations regulation linked below.

If the counselor is required to report under §51A, linked below, your right to privacy of your conversations with her is essentially voided. If she is wrong about her insistence on reporting and ignores your reasonable requests that she keep your confidences, you may have a claim against her.

DCF's Glossary regulation

Mandated reporting Law

DCF's Medical authorizations regulation

And Now Something that Schools Cannot Do to Kids

And Now Something that Schools Cannot Do to Kids - ridicule a child and have the school police escort her out of the room for refusing to stand for the Pledge of Allegiance.

But that appears to be just what happened to a 13 year old at the Roberto Clemente Middle School in Montgomery County, Virginia, last month. It happened despite it being settled law since 1943 that one cannot be forced to say the Pledge or participate in other patriotic exercises and despite the fact that the school handbook even says that kids cannot be disciplined for refusal to participate.

See the full story here.

Post comments below to ask me about other things that you want to know whether schools can do to kids and I'll consider a Ten Things list.

Untold Number of Things You Can Be Restrained from Doing to Anyone

Massachusetts will soon have an Harassment Prevention Order statute.

Chapter 23 of the Acts of 2010: AN ACT RELATIVE TO HARASSMENT PREVENTION ORDERS was enacted on February 9, 2010. By my calculation it will go into effect on May 10th. The act adds a new chapter, 258E, to the Mass. General Laws. It is not yet up in the official, online version of the General Laws, so for now you'll have to use the St. 2010, c. 23 link or, to eventually find it in its codified form, go to M.G.L. c. 258D, § 9 and click the "Next Section" button.

The actions that are restrainable under the new law are defined as follows:

“Abuse”, attempting to cause or causing physical harm to another or placing another in fear of imminent serious physical harm.

“Harassment”, (i) 3 or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, intimidation, abuse or damage to property; or (ii) an act that: (A) by force, threat or duress causes another to involuntarily engage in sexual relations; or (B) constitutes a violation of section 13B, 13F, 13H, 22, 22A, 23, 24, 24B, 26C, 43 or 43A of chapter 265 or section 3 of chapter 272. (M.G.L. c. 258D, § 1.)

In contrast to Abuse Prevention Orders (Mass. Gen. Laws chapter 209A), the plaintiff and defendant in a complaint for protection from harassment do not need to have had any family, living or substantial dating relationship. (Cf. M.G.L. c. 209A, § 1.) But similarly to chapter 209A: Violations of chapter 258D orders are criminal offenses, there are no filing fees, the orders can be entered without advance notice, initial orders are valid for 10 court business days after which there is to be an extension hearing and there do not need to have been violations of the order for the order to be extended after its original expiration date.

The relief available to "A person suffering from harassment" is to "order that the defendant:"

(i) refrain from abusing or harassing the plaintiff, whether the defendant is an adult or minor;
(ii) refrain from contacting the plaintiff, unless authorized by the court, whether the defendant is an adult or minor;
(iii) remain away from the plaintiff’s household or workplace, whether the defendant is an adult or minor; and

(iv) pay the plaintiff monetary compensation for the losses suffered as a direct result of the harassment; provided, however, that compensatory damages shall include, but shall not be limited to, loss of earnings, out-of-pocket losses for injuries sustained or property damaged, cost of replacement of locks, medical expenses, cost for obtaining an unlisted phone number and reasonable attorney’s fees. (G.L. c. 258B, § 3(a).)

Violations of the orders are criminal offenses with potential penalties of:

[A] fine of not more than $5,000, or by imprisonment for not more than 2½ years in a house of correction, or both. In addition to, but not in lieu of, the foregoing penalties and any other sentence, fee or assessment, including the victim witness assessment in section 8 of chapter 258B, the court shall order persons convicted of a violation of such an order to pay a fine of $25 that shall be transmitted to the treasurer for deposit into the General Fund. For any violation of such order, the court may order the defendant to complete an appropriate treatment program based on the offense.

In each instance in which there is a violation of a harassment prevention order or a protection order issued by another jurisdiction, the court may order the defendant to pay the plaintiff for all damages including, but not limited to, loss of earnings, out-of-pocket losses for injuries sustained or property damaged, cost of replacement locks, medical expenses, cost for obtaining an unlisted telephone number and reasonable attorney’s fees. (M.G.L. c. 258D, § 9.)

The orders may be sought in the district, superior, Boston Municipal or, if both the plaintiff and defendant are below the age of 17, in the juvenile courts where the plaintiffs reside. (M.G.L. c. 258A, § 2.)

To discuss obtaining or defending against such an order, read my Initial Consultation Policies and contact The Law Office of Michael L. Rich.

Yet Something Else Not To Do To Your Child

This article that I was alerted to via the Snopes.com "Daily Snopes" is perhaps this Georgia mother's reply to the following inquiry:

At a party several years ago, I was introduced to a lawyer who was here from China studying taxation law at Harvard Law School. He asked me what field of law I practiced. When I told him Children's Law he said, "I don't think we have that in China." After a brief discussion of what Children's Law was about, he said, "You can probably tell me then, is it true that you're not allowed to beat your children in America?" When I said yes, that was mostly true he asked, "So, what do you do when they don't study?"

And the answer is:

As punishment for bad grades, a Georgia mother forced her 12-year-old son to kill his pet hamster with a hammer, police said.

The day after he was forced to kill his pet, the child told his teacher [...].

The teacher reported the incident to DFCS authorities, who contacted police [who arrested Mom].

See the rest of the article here: Cops: Mom forces son to kill hamster for bad grade | ajc.com

So there's something else to add to my list of Top 10 Discipline Methods Not to Use on your Child.

Another Thing Not to do to Your Child?

Don't let him wear long hair.

At least not if he goes to Floyd Elementary School in Mesquite, Texas.

Texas school board keeps ban on boy's long hair

and continues the in-school suspension for the pre-kindergartner. The article says:

The district is known for standing tough on its dress code. Last year, a seventh-grader was sent home for wearing black skinny pants.

Something Else Not to do to Your Child

Don't hide your child in a crawl space.

An Illinois judge found that it constituted neglect for a mother to hide her then 5 year old son in a crawl space in her mother's house for most of two years to keep him away from his father whom she accused of abuse.

Ill. Judge: Mom's Hiding Of Boy Amounts To Neglect
JIM SUHR, Associated Press Writer
BENTON, Ill. (AP) ― A mother's hiding of her son for nearly two years in his grandmother's home, often in a crawl space behind a wall, amounted to neglect, a judge ruled Friday. See full article here.

Neither child protective services nor the court had believed mother's allegation of abuse. She and the child disappeared two years ago after the court granted the father temporary custody. The article does not say how they were found. There are criminal child abduction charges pending against the mother, the maternal grandmother and the MGM's boyfriend.

The boy is currently having supervised visitation with his parents (which are reportedly going well) and a custody and visitation hearing is scheduled for January 8th.