Request By:
Louie Hammons
Director of Pupil Personnel
Garrard County Schools
322 West Maple Avenue
Lancaster, Kentucky 40444-0146
Opinion
Opinion By: Chris Gorman, Attorney General; Lynne Schroering, Assistant Attorney General
You have asked our office several questions regarding the role of school personnel when the police, social workers or court designated workers seek to interview a student at the school. We shall answer you inquiries in the order received.
1. What is the School System's responsibility as far as allowing Social Workers from the Cabinet of Human Resources to come into the schools and talk with Students?
The school system is required pursuant to KRS 620.030(3) to permit social workers from the Cabinet for Human Resources (CHR) to come into the school and talk with students regarding investigations of dependency, neglect or abuse. KRS 620.030(3) states:
The cabinet upon request shall receive from any agency of the state or any other agency, institution or facility providing services to the child or his family, such cooperation, assistance and information as will enable the cabinet to fulfill its responsibilities under KRS 620.030, KRS 620.040, and KRS 620.050.
KRS 620.030(3).
A. Should the School get permission from the Parents before allowing the Social Workers to talk with the Students?
No, the school does not need to obtain the consent of the parents before allowing CHR to interview the students. We were asked a similar question in OAG 87-33 and concluded that a school must allow CHR to interview a student on school premises without the parents consent in the course of an abuse investigation. The rationale behind permitting CHR to talk with students at school is to protect the welfare of the child and prevent further abuse or neglect of the child. If the parents were required to give their prior permission then the child may receive coaching at home or the parents may further abuse the child for talking with the investigators.
KRS 620.030(3) provides that agencies providing services to children, such as schools, must cooperate with CHR and provide assistance and information to CHR in investigations of dependency, neglect or abuse. We interpret this statute to mandate that agencies provide "cooperation, assistance and information"; however, CHR should conduct their interview in a manner that causes the least disruption to the students' school schedule. Under no circumstance should CHR remove a student from a classroom without first notifying the appropriate school officials. Prior to conducting the interview CHR should first sign in at the principal's office. The school official should call the student to the principal's office and the school should keep a written record of the identity of the CHR employee conducting the interview. The parents of the student do not need to be notified by the school officials concerning the CHR interview. In fact, notice of the interview could hamper the investigation. Therefore, before school officials notify parents of the interview, the school should obtain permission from CHR to contact the parents. Thus, if CHR requests that the school not contact the parents, this request must be followed. CHR also contacts the parents regarding the investigation.
If the allegations of student abuse are against school personnel, then slightly different procedures should be followed. If in the discretion of CHR there is a concern that the principal's office will not cooperate in the investigation of student abuse by a school employee, then CHR should contact the superintendent of the school district before removing a student from class. The superintendent may send a representative to the school to call the students to the principal's office and record the identity of the CHR employee. We do not believe it is necessary to receive the permission of the parents prior to interviewing the students regarding abuse by school employees. As we stated above, before the parents are contacted regarding the CHR interview the school should obtain the consent of the social worker.
B. If the Parents can not be reached, should the school allow the Social Workers to talk with the Students?
Yes, based on our answer above, the school is not required to notify the parents before CHR talks with the students. Additionally, the school officials must allow CHR to interview the student regarding allegations of dependency, neglect or abuse.
C. Should School Personnel be present when the Social Workers question the Students?
This decision should be left to the discretion of the CHR social worker conducting the interview. CHR may believe that having the school personnel present for the interview is in the best interest of the child.
2. What is the School System's responsibility as far as allowing the Court Designated Worker or the Police to come into the school and talk with Students?
A. Should the school get permission from the Parents before allowing the Court Designated Worker or the Police to talk with the Students?
In Kentucky, as in most other states, school teachers and administrators stand in loco parentis to students under their supervision.
Casey County Board of Education v. Luster, Ky., 282 S.W.2d 333, 334 (1955). The philosophy of in loco parentis is that school officials take the place of parents with regard to the education and protection of the children while they are in school. OAG 76-129. The Attorney General in OAG 76-129 stated that a school official does not need to allow a law enforcement officer to interview a student on school property. Parents may refuse to allow an interrogation of their juvenile child unless the child is taken into custody or a warrant is issued.
We believe the actions of school officials should be analyzed separately depending on whether the child is the alleged perpetrator of a crime or is the victim of a crime. If the student is the alleged perpetrator of a crime, the best policy is to require that the parents be notified prior to allowing an interrogation of a student by the court designated worker or the police. However, school personnel standing in loco parentis may allow the police to interrogate the student on school property. The parents should be given notice of the interrogation and the school should keep written records of the incident.
If the officer is trying to serve a subpoena or warrant on a child at school, school personnel do not have authority to interfere with a law enforcement officer carrying out these duties. OAG 76-129. If the police officer is taking the child into custody, the school must not interfere. The school should keep a written record of the identity of the officer making the arrest, the nature of the offense charged, the name of the issuing authority of any arrest warrant, and the place of custody. OAG 76-129. The parents of the student should be immediately notified of the arrest. The police officer must also comply with specific procedures in the arrest of a juvenile. KRS 610.200.
If the police desire to talk with a student who is a victim of a crime, then the school authorities should use their best judgment in determining whether the parents should be contacted. In the event that the officer is investigating allegations of dependency, neglect or abuse, we believe that the school should allow the interview to occur at school for the same reasons set forth in our answer to question 1(A) regarding social workers. The school should consult with the officer before the school officials inform the parents that an interview has taken place.
B. If the Parents can not be reached, should the School allow the Court Designated Worker or the Police to talk with the Students?
As stated above, the school has discretion in whether to allow the interview. The school may refuse to allow the court designated worker or the police to interview the student on school grounds. However, if the crime occurred on school property, it seems reasonable to allow the interrogation to occur at the school.
C. Should School Personnel be present when the Court Designated Worker or the Police question the Students?
School officials should use their discretion and confer with the officer in deciding whether to be present for the interrogation. If the child is a victim of abuse, then the child should have input on their preference of a trusting adult to sit in during the interview.
D. Does the type of offense make any difference in these determinations?
Yes, the nature of the offense should be a factor to consider in making this determination.
E. Does whether the offense occurred at school or some other place make any difference in these determinations?
We answered this question above and stated that offenses occurring at school should be analyzed separately. While the school could refuse to allow the police to interrogate a student involving a crime occurring on school property, the more reasonable course appears to be to allow the interrogation in order to aid in the effective investigation of such a crime. However, the parents should be notified and records kept of the investigation by the school.