Another day, another abuse of Nebraska’s “truancy” law--the law that isn’t about truancy at all.
On June 19, the sheriff showed up at the Maynard home in Sidney, Nebraska. Lucas Maynard, age 12, was commanded to appear in court on July 18. The charges against him read as follows:
“Lucas Maynard is a juvenile who: is habitually truant from home or school and deports himself in a manner so as to injure or seriously endanger the morals or health of himself or others.”
Lucas’ parents, Darla and Dennis Maynard were stunned. Lucas had been ill several times during the school year, but his mother had communicated with the school every time and had given the school doctor’s notes whenever it had been necessary to take her son in for medical attention. In addition, Lucas missed two days during inclement weather. The Maynards live 16 miles from the school, Creek Valley Middle School in Lodgepole, Nebraska, and twice during the winter, the roads were impassable.
According to school district policy, an absence is considered unexcused if it is without parental and administrative permission. This means all of Lucas’s 22 absences should have been excused (Mrs. Maynard is in the process of verifying that the school documented these absences correctly.) Lucas kept up on his homework and his grades are good.
One of the documents attached to the summons was a letter from the principal, Katherine Urbanek, to the county attorney. In the letter, Ms. Urbanek specifically states that she is referring the Maynards to the county attorney because it's the "obligation of state law.” She then proceeded to explain that Lucas's absences were legitimate, he was conscientious about making up his work after being absent, he had maintained good grades and was passing all classes. The principal specifically states, "In my professional opinion, Lucas's days of absence have not had a negative effect on his academic success." Since the principal herself clearly states that Lucas's absences were legitimate, her assertion that she is obligated to report him to the county attorney is incorrect. The 2012 amendment to the “truancy” law specifically states that schools are not required to turn children in to the county attorney if all absences are excused.
The law also states that “one or more meetings between a school attendance officer, school social worker or the school principal or a member of the school administrative staff, the child's parent or guardian, and the child” must be conducted to attempt to solve the problem of “excessive absenteeism.” According to Mr. and Mrs. Maynard, Creek Valley Middle School never conducted this required meeting, and they were taken completely by surprise.
On July 18, the Maynards appeared in court where they were dismayed when their 12-year-old child was separated from them and compelled to sit in the front of the courtroom between the prosecutor and the guardian ad litem assigned to his false truancy case. A bad situation got even worse when the judge read the charges against this innocent little boy and informed him that one of the consequences of his absences from school could be removal from his parents’ custody.
Mrs. Maynard described her son at that moment as “shrinking into his chair, white as a ghost. He was terrified.”
Since the guardian ad litem did not meet with the Maynards prior to the hearing, the judge continued the false truancy case until August 14. The Maynards have four weeks to hire an attorney and prepare a defense for their young, frightened child, whose only “crime” was being ill. He is not a gang member, a drug user or a shoplifter. He is not a minor in possession of alcohol or a vandal. He does not "deport himself in a manner so as to injure or seriously endanger the morals or health of himself or others." He is merely a young child whose mother kept him home from school when he was sick, like good parents do. Treating him like a criminal is a stunning abuse of power.
I am sick and tired of hearing these stories! Remember Gov. Heineman’s assurance that Nebraskans would use “good old common sense” when enforcing this law? That’s not happening. It’s not happening in Douglas County, it’s not happening in Lancaster County, and it’s not happening way out in Deuel County in the panhandle of our state. As long as this law is used to abuse, terrorize, and tear apart children and families, the NFF will continue exposing that abuse and fighting to repeal this outrageous government assault on our families once and for all.
JESUS, PLEASE HELP US FIGHT THIS EVIL...
ReplyDeleteThis makes my blood boil, and scares the heck out of me! Who do these people think they are? Do lawmakers and judges and all those involved in this situation not realize how wrong it is to pass laws which put good, law-abiding families in this situation? This is not what freedom looks like, and good intentions don't make up for one bit of the horror the legal system - enabled by the legislature - is wreaking in the lives of good people.
ReplyDeleteBrenda - Thank you so much for you tireless efforts to protect families and children in our state. Your hard work, persistence and dedication are much appreciated by this mom.
ReplyDeleteI am so weary of listening to all the stakeholders point fingers at each other, rather than listening to the true stories of individual children and families abused by this harmful law. When complaints are brought to the attention of those in power, they reassure us that they care deeply for our children and explain that any absences from school are detrimental to our children's well being. There is no acceptable reason to miss school. Not for illness, bad weather, family issues....parents are told to comply with the expectations of all the professionals. Professionals who believe that they know best. In fact, they know better than you!
How is it that parents are even allowed to leave the hospital with their newborn babies? Shouldn't a Judge, guardian ad litem, social worker, early educational professional, caseworker, family advocate and county attorney be appointed for each family? After all, everyday citizens need all of these "services"....right? This system has been created to enrich all of the assorted stakeholders by allowing them to access an endless pipeline of children they can save. While collecting a generous salary and benefits...all paid for with your TAX dollars. VOTE out every politician who supports this crazy law!!!!
Is there an action we can take to request this case be dismissed?
ReplyDeleteUnder the statutory definition in Nebraska of what constitutes child abuse, the school administrators, county employees (prosecutor and GAL), and the judge in this and similar cases are guilty of inflicting emotional trauma. They should be reported to the Hotline. In addition, this child and his family should sue for slander and defamation for falsely defining Lucas as a criminal verbally on the record and in print.
ReplyDeleteUnder the statutory definition in Nebraska of what constitutes child abuse, the school administrators, county employees (prosecutor and GAL), and the judge in this and similar cases are guilty of inflicting emotional trauma. They should be reported to the Hotline. In addition, this child and his family should sue for slander and defamation for falsely defining Lucas as a criminal verbally on the record and in print.
ReplyDeleteWe're the government and we're here to help!
ReplyDeleteThe Governments no good anyways.
DeleteWhat if this was your kid.
They would probably get by with.
Wow as the mother of a teen girl, I have had a similar situation in Sidney and potter school districts. If more parents would keep their sick children home less illnesses would be spread. My heart goes out to the parents and child involved in this post. My daughter has faced some of the worst bullying in both districts from both the students and the staff. I have made the decision to send my child to another state to finish out her high school experience. I prey that enough people will stand up for the injustices being done here in Nebraska.
ReplyDeleteHi Anonymous, if you would like to meet Brenda Vosik and me tomorrow in Sidney to share your own story, meet others who want to fight back against this law in your area, and learn more about how to do that, contact Darla Maynard or email me at: [email protected].
DeleteWe are coming to Sidney tomorrow (Tuesday, July 30) and will be meeting with anyone interested - 3:00 pm at the library in the Virginia Smith Room.
Bring any documentation you may have whether you have already been or have not yet been to court. Even if your family has not been directly affected, but you are concerned about your friends, family and neighbors, you are welcome to join.
Spread the word!