6030 R&P

TAKING A CHILD FROM SCHOOL

6030 R&P

Guidelines for Release of Students to Separated or Divorced Parents

Release of the Child

A.

If there is no court order or separation agreement concerning custody of the child, either parent (or legal guardian) has the same right to see the child at school or have the child released to him or her at the end of the school day.

B.

Parents must notify school officials of visitation or custodial limits if the school is to be expected to follow them.

1.

Unless notified otherwise, the school assumes that both parents have equal access to the child.

2.

The custodial parent should provide the school a copy of the cover page, pages specifying applicable provisions, and signature page of the court order or separation agreement. In the absence of official documentation, school officials have no authority to deny either parent access to the child.

3.

Out-of-state court orders should be honored by the school.

C.

School officials should carefully read the specifics of the court order or separation agreement.

1.

If a court order or separation agreement awards custody to either parent, the school should follow the wishes of the custodial parent regarding school day visits with the child or release of the child at the end of the school day.

2.

When limited visitation privileges are specified, the school should act in accord with the specified provisions (e.g. custodial rights on certain days which allow for eating lunch with the child or picking up the child after school).

3.

Visits with the child during the school day should conform, not only to the court order or separation agreement, but also to the rules and usual procedures of the school.

D.

When the school has not been provided a court order or separation agreement and a non-enrolling parent seeks physical custody of the child at the school over the objection of the enrolling parent, the school should notify the enrolling parent before releasing the child.

1.

School officials should clarify with the parents that school officials cannot settle parental disputes and can only follow the provisions of a court order or separation agreement.

2.

When in the judgment of school officials the health and/or safety of the child is at issue, the school should not release the child to the non-enrolling parent. In such instances, the principal or designee should notify the Department of Social Services and the enrolling parent to explain the situation

E.

When the custodial parent is incarcerated and two (2) or more parties present themselves to have the child released to them, school officials will make every effort to ascertain the wishes of the incarcerated custodial parent before releasing the child to the presenting persons.

1.

If the wishes of the incarcerated custodial parent cannot be ascertained, the principal must use her/his best judgment in releasing the child to the non-custodial parent or other relative.

Issued: October 1991