Can a parent be arrested when a kid misses school?
There are more and more stories about such arrests, with the latest coming out of Lake County, Fla. Elizabeth Marrero’s daughter, who should be in high school, hasn’t yet graduated from middle school. She’s missed two years of classes despite the school district’s attempts to get her back on campus.
When the state attorney found out, Marrero was arrested and charged with contributing to the delinquency of a minor.
A number of states have started using these statutes to arrest parents when a kid misses school or is repeatedly late. This is because every single state has a compulsory education law. Children must be enrolled in a public or private school or be adequately home-schooled.
A child is in violation of mandatory attendance laws when he repeatedly misses school. A parent that allows this behavior, particularly in younger children, can be found to be contributing to a child’s lawbreaking behavior.
If a state’s delinquency law doesn’t cover this kind of situation, its child neglect statute may. Some neglect statutes punish parents who do not meet their minor child’s educational needs. For example, South Carolina law states that “child abuse or neglect … occurs when a parent … fails to supply the child with adequate food, clothing, shelter, education …”
So yes, it’s possible for a parent to be arrested when a kid misses school. If there’s a reason your child can’t – or won’t – make it on a regular basis, talk to the school district before they ask prosecutors to punish you.
Related Resources:
- Parents Now Thrown in Jail When Kid Misses School (The Stir)
- Child Abuse Overview (FindLaw)
- Baltimore Parents Jailed Over Truant Kids (FindLaw Blotter)
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