Marilyn Harrison
Author
Did You Know Series?

Owner
Foster Parents Legal Solution
and
National Director
NFPCAR
Copyright © 2010
 Disclaimer

~~~~~~~~~~~

 

Examiner.com Archive

Home | What You Can Do | Facts | State Chapters | Resources | When An Allegation Is Made | Our Support Group
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
Part 1 ~ Part 2 ~ Part 3
Return to Topics Index

  • Part 1 - What is "In 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. 

  • The problem that we encounter effects both you and your child (ren) when CPS comes to the school because of a complaint that has come into the "Child Abuse Hotline".  They can not only enter the school under the protection of this loop hole that we established so many many years ago, but can interrogate your child (ren) without your knowledge.  CPS has total access to your child (ren) without alerting you!  Doubt that this true?

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;

  • A thirteen year old female, was taken to the school office and subjected to a strip search after a classmate told a school official that the student obtained a prescription-strength ibuprofen pill from this other student.  In an eight to one decision, the high court determined school officials had no reason to subject concealed drugs in her undergarments when he ordered the school nurse and an administrative assistant ---both women ---to conduct the search. 
  • www.cnn.com/2009/US/04/19/scotus.strip.search/

                            "Real Support for Foster Parents. and All Parents"    nfpcar.org

                                           Want to know more?  Go to part 2 of this series

http://www.examiner.com/x-46864-Foster-Families-Examiner~y2010m5d28-Foster-ParentsALL-parents-Did-you-know-What-is-In-Loco-Parentis

Return to Loco Parentis Index

  • Part 2 - Miranda, the first step to protect Your Family
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

  • Now your asking yourself, but how is this possible in the United States of America?  Children have rights too.

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.

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

Return to Loco Parentis Index

 

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.

  • This Hatch letter also covers other things that take place in your school without your knowledge such as;
  • Parents have the right of assurance that their children's beliefs and moral values are not be undermined by the schools. Pupils have the right to have and to hold their values and moral standards without direct or indirect manipulations by the schools through the curricula, textbooks, audio-visual materials or supplementary assignments.

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;

  • Values clarifications, use of moral dilemmas, discussion of religious or moral standards, role-playing or open-ended discussions of situations involving moral issues, and survival games including life/death decision exercises;
  • Contrived incidents for self-revelation; sensitivity training, group encounter sessions, talk-ins, magic-circle techniques, self-evaluation and auto-criticism; strategies designed for self-disclosure including the keeping of a diary or a journal.

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~y2010m5d28-Foster-Parents-All-Parents--Did-you-know--What-is-In-Loco-Parentis--Part-2-of-3

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

Return to Loco Parentis Index

 

 

Subscribe to fosterparentallegations
Powered by groups.yahoo.com

Disclaimer
In accordance with Title 17 U.S.C. Section 107, any copyrighted work
in this site is distributed under fair use without profit or payment for non-profit
research and educational purposes only. [Ref. http://www.law.cornell.edu/uscode/17/107.shtml  ]

It is the responsibility of the reader to check the validity of all information for accuracy and/or correctness.
The Members of NFPCAR & Affiliated Organizations are not a lawyers.
Through Caring, Sharing, and Guidance, it is hoped that you may find an answer to their concerns.

The NFPCAR Logo and Standing in the Shadow of the Law are under Copyright. All other information presented are for Educational Purposes Only.

Affiliation

NFPCAR is only affilated with Foster Parents Allegations Yahoo Discussion Group and Foster Parents Legal Solution. Any articles references, etc. presented on this website are for "Information Purposes Only" and we are not Affiliated with these organizations. It is our belief that in order to understand and find answers to your concerns, you must "Know All Sides".
Back to Top
Or use Back Arrow key to return to previous page