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Site Index In this and other questions in our current project, Did You Know Series, we need to let the readers know that your Foster Families Examiner is not an attorney. Therefore, can only offer you advice based on twelve years of experience in dealing in the Foster Care System, acting as an advocate for thousands of foster parents.
Loco Parentis
As parents, either Foster or Biological, we have experienced our children handing us a permission slip, usually at the last minute, in order for them to be able to go on a school field trip with their class, ! Did you ever stop to think about why one was needed? When something is so critical to the well being of our families someone needs to speak up on the subject. Knowledge and understanding of "In Loco Parentis" is imperative to all parents across our nation. This is Latin for "in place of" or "acting on behalf of the parents". This means when you, as a parent enroll your child (ren) in a public school the school has your permission to act in your stead on behalf your child (ren). If there is an incident that they need to take immediate action on they can do so. As long as your child is on the school grounds this is in effect. Whenever your child leaves the school grounds this stops hence the permission slip.
We have a few highly publicized cases across the country, one of which was in Arizona of this very thing happening in our public schools. The case mentioned above is significant to all parents across the United States. A brief synopsis of that case follows;
Want to know more? Go to part 2 of this series
In part one we were discussing something
called "In Loco Parentis", all parents should be made aware of
this; If you missed part 1 go back and read it first.
Now lets continue exploring the case in AZ that we were talking about; "The Supreme Court saw this exactly as the public did, Adam Wolf, "Eight of the nine justices had no problem coming to the same conclusion as the public". This court's decision "will protect the well-being and Constitutional rights of school children". This judge added that children who find themselves in a situation similar to this one---who are being forced to comply with a strip search--will have legal recourse. www.azcentral.com
There is such a thing as the Hatch Agreement, heard of it? Following is the Hatch Agreement Letter, this letter is designed to guarantee that parents can and do maintain the right to determine their child's (ren) educational path. What is that ? You asked, how does this apply to you? We have mentioned on occasions the term "In Loco Parentis". The meaning of this Latin phrase means in place of or instead of the parents. This is used in public schools all over America. You will have noticed that whenever your child (ren) leave the school grounds they will send a permission slip for you, the parent to sign before you child (ren) will be allowed to leave the school grounds on a field trip. This is "In Loco Parentis". In other words, the school automatically has your permission, through this term, the moment your child (ren) starts attending the public school to act in your place in order to care for, and supervise your child (ren). This is how Child Protective Services is able to bypass your parental rights and allow social workers and other officials to interview your child (ren) on school grounds. The Hatch letter (agreement) is designed to give back the power to the parents. However, we have found that most principals bypass this agreement and whoever you, the parent, ask for this document to be placed into your child (ren's) file it makes little difference, if any. Although we encourage you to file this document with your school take a look at the Constitutional Rights care that we recommend that your child (ren) carry with them at all times. http://http://www.nfpcar.org/eBook/Miranda.htm See newspaper article pertaining to this illegal search and seizure that took place in Arizona. What can you do to protect your child (ren)? See part three in this series.
What can you do to protect your child (ren)? There is a way; the “Hatch Letter" or sometimes referred to as the “Hatch Agreement”. Parents, if you will use the Hatch Letter to demand that your child be educated only. Teach your child (ren) the Declaration of independence and Constitution, then your child will be prepared to defend themselves until you arrive at the school. You see, what this document does it puts the school on notification that you expect to be notified if CPS or anyone shows up at the school to test and/or interrogate you child (ren). Of course some school principals choose to ignore this agreement due to the fact that school officials are often terrified of standing up for and protection of your child (ren) against CPS. What would your child's school principal do? Fill out the form and find out.
Under the "Hatch Amendment" it goes on to state, I hereby request that my child NOT be involved in any school activities or materials listed unless I have first reviewed all the relevant materials and have given my written consent for their use: Psychological and psychiatric treatment that is designed to affect the behavioral, emotional, or attitudinal characteristics of an individual or designed to elicit information about attitudes, habits, traits, opinions, beliefs or feelings of an individual or group;
Surprises you does it not ? A Hatch Letter is necessary to protect the rights of your children? A complete copy of this agreement is available at nfpcar.org http://www.examiner.com/x-46864-Foster-Families-Examiner~y2010m6d10-Foster-Parents-All-Parents--Did-you-know--What-is-In-Loco-Parentis--Part-2-of-3
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