Kids in Trouble:

Strategies for Resolving Children’s Legal Conflicts or Troubles at School

By Ursula Furi-Perry, Esq.

It may seem unimaginable, or it may be one of your worst parenting nightmares: your pre-teen or adolescent getting into serious trouble at school or trouble with the law. Here are some strategies to follow if this should happen to your family.

If Your Child Is in Legal Trouble…

First, understand the best objectives for your child and your family. “As parents, we want to raise good citizens and we also want them to be compliant with authority,” points out lawyer Michael L. Coyne, associate dean of the Massachusetts School of Law at Andover, who teaches criminal law and has represented several young adults. Yet when your child is being questioned by police, readily answering those questions isn’t the best idea. In fact, “what they may need to do is say no to that authority and get the child a lawyer,” says Coyne, “and do it sooner rather than later.”

Parents’ immediate goal should be to try to protect the child from some of the immediate and long-term repercussions that may result. Ask clear questions from the appropriate law enforcement personnel, including: why your child was arrested (if applicable); whether your child will have to be detained; whether your child will have a record as a result of the incident; what will happen next; and where you may seek assistance for your child and your family.

“You need to document your dealings with law enforcement personnel, even if the parent is given assurances by the police officer that nothing will happen to the child,” Coyne says. The police officer may not have the authority to give those assurances, Coyne points out. And, when some law enforcement personnel mention “closing a matter,” that may mean to them “charging someone”—potentially your child—with a crime.

If your child ends up in court, you should also make sure that you understand the legal process and explain it as best as possible to your child.

If Your Child Gets Into Trouble at School…

First and foremost, talk to school officials and get a clear and comprehensive picture of what happened, including the school’s stance on what happened; your child’s version of the story; and the actions or punishments the school is proposing to take. Ask to see any applicable school policies or sections of the school handbook in writing, including any sections about potential punishments and repercussions, as well as the school’s process for appealing any decisions made by the administration.

Project to school officials that you are willing to work out a resolution that will appease all parties. “Be an active and involved parent, and work directly with individuals in the school system who can help resolve the situation,” recommends Coyne.

Have conversations with the appropriate school department personnel, says Coyne, and after each conversation, put together “contemporaneous writings that reduce what agreements have been reached,” Coyne notes, such as any time limits by which a resolution will be reached and any actions that will be required on your child’s part.

Contact the school district or superintendent’s office to verify the information you’re given by your child’s school administrators. And finally, follow up: project that you’re both willing to stand by your child in resolving the current matter, and at the same time willing to work with school officials to ensure your child stays out of trouble in the future.

Recommended Resources:

The Massachusetts Trial Court Law Libraries’ Law About Juvenile Justice Webpage, http://www.lawlib.state.ma.us/subject/about/juvenile.html

The Children’s Law Center of Massachusetts, http://www.clcm.org/

The Youth Advocacy Project, http://www.youthadvocacyproject.org/

The Massachusetts Bar Association’s Information About Juvenile Courts, http://www.masslawhelp.org/lawhelp/legal_info/index.php?sw=3126&full_id=193