Release from School

 

The thought of a school accidentally releasing a child into the care of the wrong person can be a frightening situation. Situations have arisen where an ex-spouse, or the child’s estranged parent has come to pick them up, and fled the city. To protect and guard children from being released into the care of anyone else beside the designated parents, as well as the parents’ appointees, schools have taken measures to ensure children are released into the care of the proper person.

 

School districts can release children into the care of persons other than the parent or guardian who enrolled the child. However, this person requesting the release must be verified against the list of names provided by the parent upon enrollment. Schools may adopt procedures for submitting a release list at a later date, or updating the list that was previously provided, but this policy may be independent to the individual school (§3210(c)).

 

If someone attempts to pick up the child from school, and is not on the list, the school may not release the child, unless in the case of an emergency. However, the case of this emergency is determined solely at the discretion of the school’s principal, or his or her designee. It is important to note that a decision such as this cannot be taken lightly.

 

The principal, or designee responsible for releasing a child into the care of an unauthorized person involves serious issues of health and safety”, and may constitute grounds for termination (Appeal of Greene, 45 Ed. Dept Rep 519 (2006); Chalen v. Glen Cove Sch. Dist., 29 A.D3d 508 (2d Dep’t), Iv. to app. denied, 7 N.Y.3d 709 (2006); Heberling b. Brewster CSD, 2012 NY Misc. Lexis 2168 (N.Y. Sup. Ct. 2012)).

 

For a principal or the principal’s designee to release a child into the custody of someone not originally authorized, they must first verify the facts of the situation. To do this, they must get ahold of the student’s parents or person in parental relation, and they must agree to release the child into this person’s care. It is important to note that this procedure does not, however, apply to students under the protective custody provisions of the Social Services Law and the Family Court Act (§ 3210(1)(c)).

 

In all, school districts implement strict policies to ensure the protection of children in their care. When releasing children, they take all measurable steps to prevent a child being released into the care of an unauthorized person. 

 

 

Your form message has been successfully sent.

You have entered the following data:

Please feel free to reach out to us with any questions!

Please correct your input in the following fields:
Error while sending the form. Please try again later.

Note: Fields marked with * are required

Contact Us

Managing Attorney

Angel A. Castro, III, Esq.

60 Broad Street

24th Floor
New York, NY

10004 

 

 

Phone: (646) 234-3177
Fax: (212) 731-0217

 

Hablamos Espanol

Visita
CNYabogado.com

 

Serving the New York Supreme Courts in Manhattan, the Bronx, Brooklyn, Queens, Westchester, and Onondaga Counties, as well as the Appellate Division First, Second, Third, & Fourth Departments for Complex Litigation, Appeals, & Negotiation.

Meetings

We are available to meet in Manhattan and Syracuse, New York. If you would like to meet outside of these areas, please contact us and we can arrange for a meeting place to discuss your matter.

This website contains general info. about AA Castro C.L.A.N, PLLC and is not intended to serve as a source of legal advice.

 

Neither receipt of information presented on this site nor any email or other electronic communication sent to Castro CLAN PLLC or its lawyers through this site will create an attorney-client relationship, and no such email or communication will be treated as confidential. No user of this site should act or refrain from acting on the basis of information on this site without seeking legal advice from counsel in the relevant jurisdiction. Castro CLAN PLLC expressly disclaims liability with respect to actions taken or not taken based on the contents of this site.

 

Prior results do not guarantee a similar outcome.

Print Print | Sitemap
© Complex Litigation, Appeals & Negotiation by Angel Antonio Castro, III, Esq.