Has anyone ever dealt with a school refusing to allow a police officer to transport a child from school to the Child Advocacy Center for a forensic interview as a result of an investigation indicating that said child is a victim of a sex offense?

The principal of the school in question demanded to know the officer�s authority to do so and refused to allow the officer to transport the child by citing FERPA.

In this particular case, the officer was able to contact the parents and have the parents give their consent to the school to allow the officer to take the child to the CAC.

However, what if the parents refuse or, perhaps an even bigger concern, what if the parent is the suspect in the sexual offense?

How have you handled this issue in y�all�s jurisdiction? What am I missing here?

I found that going over the Family Code sections 261, Subsection D [especailly 261.302 (b)and b-1)] with the principal usually worked, but the best way was to prepare the ground in advance with school personnel attending some of the CAC multi-disciplinary team meetings to discuss the problems that might arise.

I thought FERPA had to do with privacy in education records.

FERPA

You could also show the school officials the recent Gates case and the CPS memo that arises from it -- the 5th Circuit placed some restrictions on school removals, but still permits it.

For more, see this TDCAA News posting.

I wonder how CPS will be able to show that a child would "probably be sexually abused" that day after school? Seems like tough language to work with unless you already have a lot of info from the child (which you wouldn't have yet because the child has not been transported for an interview), like it happens on particular days when Mom is at work, etc.