Protecting Your Family And Future

When schools use DCFS as an intimidation tactic

On Behalf of | Aug 23, 2024 | Family Law |

Parents and teachers are, ideally, in a partnership that is focused on supporting the well-being and growth of the children in their care.

Unfortunately, there are instances where this relationship becomes strained. A child with emotional or developmental issues (or both) exhibits problematic behavior in the classroom and the child’s teachers and parents don’t always agree on how to respond. When that happens, some teachers may resort to threats – or actual reports – to the Department of Children and Family Services (DCFS) as a way to pressure or intimidate parents into compliance with a school’s plan. This can have serious implications for the families involved. Understanding your rights and knowing how to respond is critical if you find yourself in this kind of situation.

When are reports to DCFS appropriate? When are they not?

DCFS is tasked with making sure that children are safe and receiving the proper care. Teachers, along with certain other professionals who work with children, are “mandatory reporters.” That means that parents are legally required to report any reasonable suspicions they have that a child might be being abused or neglected at home. At times, a report is absolutely justified even if the fears turn out to be unfounded.

However, teachers know that their words have weight when they call DCFS, and some are not above using that power as a tool for manipulations. Reports should only be used when there is a legitimate concern – and never as a threat to force a parent to comply with a teacher’s wishes. That’s a flat-out intimidation tactic and tantamount to coercion. Many advocates who represent parents in these situations say that abuse of this power is far too common and often used against parents of color.

The threat of a DCFS report or actual reports can be misused in several common scenarios:

  • Disagreement over education decisions: This often comes up when parents and teachers disagree with the approach to a child’s education, particularly when it comes to placement in programs for children with behavioral problems, learning accommodations or disciplinary actions. Teachers may use the threat of a call to DCFS to scare a parent into agreeing with recommendations that the parent really feels are inappropriate.
  • Attendance disputes: School attendance is important, but parents do have a right to remove their children from school for legitimate reasons – whether that involves the child’s physical or mental health or other family issues. However, schools sometimes use DCFS as a way to enforce their attendance policies when they’re not happy with the parent’s decisions.
  • Behavioral issues: Sometimes, teachers persist in seeing a child’s behavioral issues as something that is purely a result of “bad parenting.” This is particularly true when racial biases or poverty biases are in play. The threat of a call to DCFS can be used to make parents agree to put their child on medications or submit to specific interventions that align with the teacher’s views – not the child’s needs.

If you find yourself facing the threat of a DCFS report from a teacher, it’s important to remain calm and respond swiftly. Document the entire interaction and keep detailed records, along with copies of any communications you receive from the teacher. Communicate clearly and ask for clarification of what the teacher wants and intends to do. Express your willingness to address any legitimate issues and attend any meetings that are called. It’s also wisest to consider early legal guidance to help protect your rights and make sure that any investigation that results is conducted fairly and objectively. If a teacher makes this threat, assume that a call will happen sooner or later – and act accordingly.

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