Getting a string of missed calls from your child's school can be many parents' worst nightmare. The panic sets in as you run through the various possible scenarios... Was there a terrible accident? An active shooter? Is your baby okay?
When one working mom saw no less than 16 calls from her 7-year-old's school, she immediately went into a flat spin. Especially since her husband had been listed as the primary point of contact.
Imagine her surprise when she found out that the emergency wasn't too big a deal after all. But things would go on to take a stranger turn when the school accused the woman of 'child abandonment' for not answering her phone.
She received 16 missed calls from her kid's school, despite putting her husband down as the emergency contact
Image credits: EyeEm / Freepik (not the actual photo)
Now this mom has been accused of 'child abandonment' for not answering her phone
Image credits: Tima Miroshnichenko / Pexels (not the actual photo)
Image credits: Media_photos / Envato Elements (not the actual photo)
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Image credits: Getty Images / Unsplash (not the actual photo)
What constitutes child abandonment?
Child abandonment occurs when a parent, guardian, or person in charge of a child either deserts a child or fails to provide the necessary care for the child’s well-being.
"Abandonment by desertion may be without any regard for the child’s physical health, safety, or welfare and with the intention of wholly abandoning the child," explains Findlaw.com. "Abandonment by failing a duty of care usually involves some amount of child neglect."
Examples include leaving an infant on a doorstep, at a trash dumpster, or in other public or private places. Or leaving a child home alone where it could lead to a health or safety risk. Leaving a child with another person for a long period of time, without providing funds for the child’s care, is also considered child abandonment, as is refusing to provide for the child’s support, such as basic needs, medical services, or supervision.
If you're criminally charged with child abandonment, you could face felony or misdemeanor penalties, including jail time and other consequences. But it depends on the circumstances and the state in which you live.
"Leaving a child home alone under circumstances where they are not physically harmed may be classified as a misdemeanor," explains FindLaw.com. "Situations where a parent or guardian intentionally abandons a child may rise to a felony, especially with an infant or young child."
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Schools must report cases of child abandonment, but many are wielding this power in inappropriate ways
Abandoning a child is considered a serious issue. And if it's happening, it needs to be reported to authorities. However, an investigation has found that too often, schools are taking advantage of their power and calling Child Protection Services for all the wrong reasons.
"School employees in most states have a legal obligation to report any suspicion of abuse and neglect, and they can play a critical role in helping keep children out of harm’s way," explains The Hechinger Report. "But in nearly three dozen interviews conducted by The Hechinger Report and HuffPost, parents, lawyers, advocates, and child welfare officials said that schools occasionally wield this authority in inappropriate ways."
The media outlet says some schools are doing this because they're fed up with what they consider "obstinate parents" who don’t agree to special education services for their child. Others do so due to disruptive kids who make learning difficult. "Schools sometimes use the threat of a child-protection investigation to strong-arm parents into complying with the school’s wishes or transferring their children to a new school," adds the site.
Besides being unethical, reporting parents to CPS for the wrong reasons can be devastating for families, even if the allegations are ultimately determined to be unfounded.
The Administration for Children's Services (ACS) is the New York City government agency responsible for child welfare, child protective services (CPS), and juvenile justice. The agency has previously acknowledged that hotline calls from schools do not always contain serious safety concerns.
“We do want people to call potential dangers to children to our attention,” said Michael Arsham, executive director of ACS’s Office of Advocacy. “But I think it’s fair for us to expect other human services professionals — whether they be in education, health care, anybody who is a mandated reporter — to use their independent judgment and discretion and understand there are consequences to making that call."
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