Man Arrested Trying to Take Child Home After School in TN

NationalTitles18

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May 25, 2003
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So basically, parents go to get kid from school and walk them home, school refuses to release child to parents, dad asserts right as parent to take child home, dad is arrested by bullying jerk, mom records incident and is threatened with arrest also as cop attempts to stop her from recording.

http://www.wate.com/story/24005228/cumberland-county-parent-releases-video-of-his-arrest-by-a-school-resource-officer


A Cumberland County father didn't want to wait in a long line of traffic to pick his kids up from school. That led to a series of encounters last week at South Cumberland Elementary, and now the dad's facing charges.You can see the full video on YouTube.
A 6 News viewer pointed us to YouTube video of one of the incidents.
"I'm going to call some help down here and we're going to take you up to the jail right now. I'm not putting up with this today. You're being childish and it's uncalled for," Sheriff Deputy and School Resource Officer Avery Aytes said in the YouTube video.

The video goes on to show the dad arguing with the school security officer over state law, then the dad winds up in handcuffs.
I'm not a lawyer, but it seems like when the actual fit parents of a child show up and demand physical custody of their child from the parentis in locus then barring immediate (and real, and overriding) safety concerns the school has no choice legally return the child to the parents. This seems reasonable to me and probably most reasonable people. Not only were the parents there, but school was over. Policy prevented children from leaving before all car riders had left if they were walking alone, but the policy did not appear to address parents walking their children home. Maybe the legal beagles have a different view.

Personal opinion: the school illegally detained the man and his children.
 

BamaFlum

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Also read that one of the kids was special needs.


Sent from my iPhone using Tapatalk, so my fat fingers cause misspellings and autocorrect makes my ships into...
 

dayhiker

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At face value this seems crazy, otoh, they're trying to prevent the equivalent of someone pulling in front of you in a traffic jam. Elementary schools always have long lines of traffic. You're generally not allowed to short circuit that by running in the school to pick up little Jimmy because you're impatient. I'm not saying arresting him is the correct thing to do, but it sounds like he was being a j.a. I did not watch the video, I only read the article.
 

Displaced Bama Fan

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What if they had a doctor's appointment to go to? He doesn't really need to give a reason for withdrawing his children from school. Once again, another overreaching state function and another over reaction by a zealous police officer who doesn't know the law.

Morons.
 

dayhiker

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What if they had a doctor's appointment to go to? He doesn't really need to give a reason for withdrawing his children from school. Once again, another overreaching state function and another over reaction by a zealous police officer who doesn't know the law.

Morons.
Well check your kid out before 2:00. Most folks would do that anyway to avoid the backed up cars. At elementary schools, it's not uncommon for people to start getting in line to pick up their kids 1 hr before school ends.
 

alabama mike1

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I am an elementary principal of 800+ students in a K-5 builidng and would like to offer my two cents on some thngs parents can do to help schools.

I would urge you to keep some things in mind:

1. As a legal custodial parent, you have the right to get your child at any time of the day.

2. The most chaotic time to get a student is the last 15-20 minutes of the school day, especially young children. Please come and sit in your child's school the last half hour of the day on a Friday and see what an amazing job the secretary does to answer the phone, locate students for parents wanting children, getting dismissal information where it needs to be and dealing with staff members that are in the office asking questions.

3. It is best to call about 10 minutes ahead of time and have the secretary track down your son or daughter so they will be ready to go in the office area when you arrive if they have to be picked up at the last minute. We realize sometimes students must be picked up early, it can not be helped. Its the repeat offenders that drive you crazy.

4. Please do not have your son or daughter going 3-4 different places in a week. Our school sends out an email daily to homeroom teachers telling them where the child in their room is going that particular day. The email is usually 5-6 pages long except on Friday when it is 8-10 pages in length.

5. Our students that are picked up must be signed out (we use the cafeteria of our school away from the bus students) by the legal custodial parent or someone identified on their emergency medical form, no exceptions. We have to be able to locate students when a mistake is made, if the child should be on a bus but are not or if the child should be picked up by a parent but are on the bus.

6. Please do not be offended if we ask for an ID. Remember we are doing our best to protect your child from being taken by someone that should not have them. If you are a very small school, we probably know you, your spouse, grandma, grandpa, step mom or dad, boyfriend, girlfriend, friend of the family, etc... A larger school school faces a much stiffer challenge.

7. IF something happens to your child, I am responsible, my name is on the lawsuit, my teaching/administrative certificate could be taken, my name goes into the newspaper and on social media.

8. With all the things that have happened (school shootings) in the past few years, please understand that as a principal, I am terrified that someone will do something crazy at our most vulnerable time; arrival and dismissal.

9. If possible, only have your child going to a very limited number of places; home, daycare, grandparents.

The article states that the man did not want to wait in a long line of cars. If it is not an absolute emergency, please be patient and wait. I promise, it is not any schools desire to be problematic with you. We are only trying to keep the most precious thing in the world safe; your child. Will we make a mistake? Yes, we will. Is the mistake on purpose? No it is not.

In closing, I realize every situation is different. I am not wanting to take sides on this particular issue at all but I do want parents to realize some of the very few things we go through on a daily basis.
 

dayhiker

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I should add, that I'm pretty sure my wife has had a situation where she had to run in like what was described in the article. Note that it said that this was a new rule. I'll bet you that parents were starting to abuse being able to go in and grab their kids and it was wreaking havoc on parent pickup, so they made this rule. This ....ed off parents and someone thought they'd test the waters. Again, I'm not saying he should have been arrested, but I bet that there is more to this story than is being told in that article. I'm speaking solely from someone who has a child in elementary school and has seen what a zoo parent pickup is.
 

bama_wayne1

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Jun 15, 2007
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I am an elementary principal of 800+ students in a K-5 builidng and would like to offer my two cents on some thngs parents can do to help schools.

I would urge you to keep some things in mind:

1. As a legal custodial parent, you have the right to get your child at any time of the day.

2. The most chaotic time to get a student is the last 15-20 minutes of the school day, especially young children. Please come and sit in your child's school the last half hour of the day on a Friday and see what an amazing job the secretary does to answer the phone, locate students for parents wanting children, getting dismissal information where it needs to be and dealing with staff members that are in the office asking questions.

3. It is best to call about 10 minutes ahead of time and have the secretary track down your son or daughter so they will be ready to go in the office area when you arrive if they have to be picked up at the last minute. We realize sometimes students must be picked up early, it can not be helped. Its the repeat offenders that drive you crazy.

4. Please do not have your son or daughter going 3-4 different places in a week. Our school sends out an email daily to homeroom teachers telling them where the child in their room is going that particular day. The email is usually 5-6 pages long except on Friday when it is 8-10 pages in length.

5. Our students that are picked up must be signed out (we use the cafeteria of our school away from the bus students) by the legal custodial parent or someone identified on their emergency medical form, no exceptions. We have to be able to locate students when a mistake is made, if the child should be on a bus but are not or if the child should be picked up by a parent but are on the bus.

6. Please do not be offended if we ask for an ID. Remember we are doing our best to protect your child from being taken by someone that should not have them. If you are a very small school, we probably know you, your spouse, grandma, grandpa, step mom or dad, boyfriend, girlfriend, friend of the family, etc... A larger school school faces a much stiffer challenge.

7. IF something happens to your child, I am responsible, my name is on the lawsuit, my teaching/administrative certificate could be taken, my name goes into the newspaper and on social media.

8. With all the things that have happened (school shootings) in the past few years, please understand that as a principal, I am terrified that someone will do something crazy at our most vulnerable time; arrival and dismissal.

9. If possible, only have your child going to a very limited number of places; home, daycare, grandparents.

The article states that the man did not want to wait in a long line of cars. If it is not an absolute emergency, please be patient and wait. I promise, it is not any schools desire to be problematic with you. We are only trying to keep the most precious thing in the world safe; your child. Will we make a mistake? Yes, we will. Is the mistake on purpose? No it is not.

In closing, I realize every situation is different. I am not wanting to take sides on this particular issue at all but I do want parents to realize some of the very few things we go through on a daily basis.
Thanks for the professional manner with which you protect our children!!
 

Displaced Bama Fan

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I should add, that I'm pretty sure my wife has had a situation where she had to run in like what was described in the article. Note that it said that this was a new rule. I'll bet you that parents were starting to abuse being able to go in and grab their kids and it was wreaking havoc on parent pickup, so they made this rule. This ....ed off parents and someone thought they'd test the waters. Again, I'm not saying he should have been arrested, but I bet that there is more to this story than is being told in that article. I'm speaking solely from someone who has a child in elementary school and has seen what a zoo parent pickup is.
Fortunately, I just got my last one out of elementary school last year. I say fortunately, but there will be events at the school that will be missed that were part of our family time for the last 12 years.
 

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