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mia

(8,361 posts)
Mon Jan 29, 2018, 04:03 PM Jan 2018

Mother calls arrest of son, 7, in Miami police abuse

This reminds me of the time I was head-butted in the face by a kindergarten student in a school not far from here. As much as I sympathize with the mother, who has a difficult job trying to raise a child with behavior disorders, I'm glad to see that the Miami-Dade County Public School teachers no longer have to accept student violence.

A 7-year-old Miami student was arrested and Baker acted after he was accused of hitting a teacher. His mother claims the response was disproportionate and outrageous. [Photo from video] A 7-year-old Miami student was arrested and Baker acted after he was accused of hitting a teacher. His mother claims the response was disproportionate and outrageous.

Mercy Álvarez’s heart broke as she watched her 7-year-old son removed from his school in handcuffs last week.

Miami-Dade Schools Police placed the young boy in custody for behavioral problems, reports the Miami Herald.

His mother, however, says the reaction was disproportionate and outrageous....


http://www.tampabay.com/news/publicsafety/crime/Mother-calls-arrest-of-son-7-in-Miami-police-abuse-_164959049
65 replies = new reply since forum marked as read
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Mother calls arrest of son, 7, in Miami police abuse (Original Post) mia Jan 2018 OP
There's a wide range of responses between "accepting student violence" and "cuffing a 7-year-old." WhiskeyGrinder Jan 2018 #1
Why? If the teacher had so much as touched that child Drahthaardogs Jan 2018 #5
I commend your reading of tea-leaves and entrails... rationalism at its very finest. LanternWaste Jan 2018 #7
Because my parents were teachers and I lived this bullshit Drahthaardogs Jan 2018 #13
I was a teacher. I was hit. Ms. Toad Jan 2018 #21
He punched her multiple times in the back Drahthaardogs Jan 2018 #22
And what did he do previously? Ms. Toad Jan 2018 #29
As noted before Drahthaardogs Jan 2018 #32
The schools are obligated to appropriately address it. Ms. Toad Jan 2018 #34
They already suspended him. Drahthaardogs Jan 2018 #36
Suspension doesn't work on 7 year olds marylandblue Jan 2018 #37
Suspension is punishment, Ms. Toad Jan 2018 #38
I have a good friend who is a grade school teacher. Hassin Bin Sober Jan 2018 #40
So police intervention - hauling a child away in handcuffs - is appropriate for a 7-year old child Ms. Toad Jan 2018 #43
Restraint is different from hitting a child marylandblue Jan 2018 #10
Exactly. The school principal may have had to hire another Ilsa Jan 2018 #14
Or the parents refused Drahthaardogs Jan 2018 #15
Please document your second assertion. Ms. Toad Jan 2018 #25
Some states require it. Drahthaardogs Jan 2018 #28
You are the one who asserted it. Ms. Toad Jan 2018 #31
There is no state that requires mainstreaming marylandblue Jan 2018 #26
I'm confused by your "why." WhiskeyGrinder Jan 2018 #17
The kid threw multiple punches to her back Drahthaardogs Jan 2018 #20
Says the police report, which of course needs to justify the response. WhiskeyGrinder Jan 2018 #27
Sure, starting off life with a police rap sheet at age 7 will open all kinds of opportunities procon Jan 2018 #23
Counseling is mostly bullshit Drahthaardogs Jan 2018 #30
Courts are not equipped to oversee 7-year olds marylandblue Jan 2018 #33
No, that old way of thinking only perpetuates the problem. procon Jan 2018 #39
That would all be juvenile and sealed treestar Jan 2018 #57
HE IS A CHILD!!!!!! alarimer Jan 2018 #42
And a breakdown of the public education system mcar Jan 2018 #58
and the teacher probably dealth with the child in an authoritarian way womanofthehills Jan 2018 #64
Possibly. alarimer Jan 2018 #65
+1000 janterry Jan 2018 #54
Good effin' grief malaise Jan 2018 #2
"baker acted" apparently means given a psych eval under a law called the "baker act" unblock Jan 2018 #3
Yeah it's a Florida statue, means a 72 hr psych hold in a mental hospital/clinic EX500rider Jan 2018 #9
wow that does seem problematic in the case of a 7-year old. unblock Jan 2018 #12
There are ways to handle this that don't involve police marylandblue Jan 2018 #4
Look up 'Baker acted'. eom GeorgeGist Jan 2018 #6
Donald Trump bragged in his book that he punched a music teacher in the stomach no_hypocrisy Jan 2018 #8
Why am I not surprised this happened in Florida? Initech Jan 2018 #11
So I read the article, upsetting on so many levels... FM123 Jan 2018 #16
Mom is part of the problem there... Blue_Tires Jan 2018 #18
No matter how MUCH a part of the problem here, RandomAccess Jan 2018 #49
And that's an issue with the school system Blue_Tires Jan 2018 #52
As a former public school teacher, in one of the roughest areas in a large metro area Ms. Toad Jan 2018 #19
the cuffs were restraints KT2000 Jan 2018 #44
The same "restraints" they use when protesters are arrested. Ms. Toad Jan 2018 #45
So instead of suing the school marylandblue Jan 2018 #48
Childhood neurological issues KT2000 Jan 2018 #50
The perception that neurological disorders is going is based on autism and ADHD marylandblue Jan 2018 #59
special ed is one KT2000 Jan 2018 #63
Has the child had any behavioural evaluations? EllieBC Jan 2018 #24
A 7 YO child is hauled off in cuffs and Baker Acted mcar Jan 2018 #35
yes KT2000 Jan 2018 #46
He's a 7 YO child mcar Jan 2018 #47
the Baker Act KT2000 Jan 2018 #53
The Baker Act is abused frequently mcar Jan 2018 #55
they did not lock up KT2000 Jan 2018 #56
This was big locally on the morning news. I live about 2hr north of Miami. n/t Akoto Jan 2018 #41
Regular police are ill-equipped to handle this shit. hunter Jan 2018 #51
Texas Supreme Court finds for Dallas Observer in satire case Gothmog Jan 2018 #60
"After the boy calmed down" mcar Jan 2018 #61
Message auto-removed Name removed Jan 2018 #62

Drahthaardogs

(6,843 posts)
5. Why? If the teacher had so much as touched that child
Mon Jan 29, 2018, 04:10 PM
Jan 2018

To restrain him, parents would have sued and the teacher's job would be in jeopardy.

Call the police and let them deal with it.

 

LanternWaste

(37,748 posts)
7. I commend your reading of tea-leaves and entrails... rationalism at its very finest.
Mon Jan 29, 2018, 04:14 PM
Jan 2018

What specifically leads you to prophecize what the child's parents would do?

Thinking is so much more convenient when we arrive at a conclusion without relevant evidence to support it. I commend your reading of tea-leaves and entrails... rationalism at its very finest.

Drahthaardogs

(6,843 posts)
13. Because my parents were teachers and I lived this bullshit
Mon Jan 29, 2018, 04:26 PM
Jan 2018

And no one needs to go to work to get hit. It's fucking bullshit.

Ms. Toad

(34,075 posts)
21. I was a teacher. I was hit.
Mon Jan 29, 2018, 04:36 PM
Jan 2018

But arresting a 7-year-old child with a behavior disorder and hauling him off in handcuffs is not an appropriate solution.

Drahthaardogs

(6,843 posts)
22. He punched her multiple times in the back
Mon Jan 29, 2018, 04:39 PM
Jan 2018

Sorry. I don't see why this is so outrageous. Let the courts handle it.

Ms. Toad

(34,075 posts)
29. And what did he do previously?
Mon Jan 29, 2018, 04:49 PM
Jan 2018

did the school respond appropriately to his previous outbursts (this is the second time the police were called), so it is pretty clear that this was not out of the blue.

He is a child with a disability and the school is required to accommodate it - not ignore it (i.e. refuse to address it appropriately with an individualized plan) until it is outrageous enough that someone in charge decided to call the police.

It's like Trump taunting North Korea and then deciding to drop a nuclear bomb because their latest missile test was outrageous - and diplomacy is too much of a bother.

Drahthaardogs

(6,843 posts)
32. As noted before
Mon Jan 29, 2018, 04:53 PM
Jan 2018

The kid needs intervention and meds. The school cannot provide. Let the courts and CPS handle it.

Ms. Toad

(34,075 posts)
34. The schools are obligated to appropriately address it.
Mon Jan 29, 2018, 04:58 PM
Jan 2018

You are correct the child needs intervention - arresting a 7-year old child with a behavioral disability is not an appropriate intervention. The school is mandated (under federal and likely state law, as well) to provide him with an education that addresses his unique needs in the least restrictive setting possible.

That means starting at the beginning, planning an appropriate intervention/educational plan, implementing it, tweaking it (if necessary).

They don't just get to lob a nuclear missile at the kid and say he was too hard to deal with.

Drahthaardogs

(6,843 posts)
36. They already suspended him.
Mon Jan 29, 2018, 05:04 PM
Jan 2018

It obviously didn't work. Can we please quit pretending that the school just flew off the handle here? They didn't. They have tried other things. ITS NOT WORKING.

The kid has bigger issues than the school can provide. Now the courts can deal with it.

marylandblue

(12,344 posts)
37. Suspension doesn't work on 7 year olds
Mon Jan 29, 2018, 05:10 PM
Jan 2018

They view it as a vacation from school. Kids witg behavior problems at that age need to be given a set of clear expectations and short-term consequences. If that doesn't work, they need to go into special ed classrooms. School can force it if it's a matter of danger to other kids or teachers.

Ms. Toad

(34,075 posts)
38. Suspension is punishment,
Mon Jan 29, 2018, 05:15 PM
Jan 2018

It is not the same as designing an appropriate accommodation for a disability, as they are obligated by law to do.

Hassin Bin Sober

(26,330 posts)
40. I have a good friend who is a grade school teacher.
Mon Jan 29, 2018, 05:32 PM
Jan 2018

Untill I heard his stories I would never think calling the police would be appropriate.

My friend had a student that came to school to "rob some bitches" -- he was throwing girls down and feeling them up.

He was physically violent with teachers and his mother absolutely refused to come to school. The staff was literally out of things they could do.

My buddy knew (not sure how) the mother was a prostitute. The kid was repeating some really crazy stuff he saw or heard at home.

My friend is the nicest sweetest guy you could ever meet. The guy gets nothing but praise from his parents. I see post all the time on his Facebook page from parents of students he had 20 years ago thanking him for his positive influence,

This kid was a nightmare. He still talks about him

Ms. Toad

(34,075 posts)
43. So police intervention - hauling a child away in handcuffs - is appropriate for a 7-year old child
Mon Jan 29, 2018, 06:04 PM
Jan 2018

replicating the abusive behavior he sees at home? Children who are abused often repeat the cycle, males more frequently become abusers; females more frequently seek abusive partners. Hauling an elementary school child off in handcuffs doesn't have a chance to break that cycle.

I'd buy social services, but not the police. And, again, my question is whether the intervention started immediately - or if they waited until the problem was so severe that the options were far more limited.

I taught in one of roughest schools in our major metropolitan area for more than a decade - I'm not just talking off the top of my head.

marylandblue

(12,344 posts)
10. Restraint is different from hitting a child
Mon Jan 29, 2018, 04:18 PM
Jan 2018

Teachers in classrooms for emotionally disturbed kids are trained in restraint, and that's probably where this kid belonged. But it's more likely the school refused proper placement than the parents want their kid to hit a teacher.

Ilsa

(61,695 posts)
14. Exactly. The school principal may have had to hire another
Mon Jan 29, 2018, 04:26 PM
Jan 2018

paraprofessional if just one more child is added to the classroom for children with behavior problems.

I hope this family gets the help it needs, including appropriate diagnosis and IEP.

Drahthaardogs

(6,843 posts)
15. Or the parents refused
Mon Jan 29, 2018, 04:27 PM
Jan 2018

Because PLENTY will not allow their children to be placed in Special Education classes.

And on edit

Even if they didn't, kids have to be by law in some states, in a regular classroom for certain hours each day.

Ms. Toad

(34,075 posts)
25. Please document your second assertion.
Mon Jan 29, 2018, 04:44 PM
Jan 2018

Yes, children have to be taught in the least restrictive environment, so long as they are not so disruptive as to significantly impair the education of other children.

I am not aware of any hours-based state or federal requirement for "mainstreaming." In fact it would be antithetical to the requirements that each school district address the unique needs of each disabled child

Ms. Toad

(34,075 posts)
31. You are the one who asserted it.
Mon Jan 29, 2018, 04:51 PM
Jan 2018

I'm pretty well versed in disability law - having been a public school teacher, having a child with a disability, and I am currently a lawyer.

I am not aware of any hours-based requirements and - as I said - creating such a requirement would be antithetical to the essence of disability law, which requires each person with a disability to be individually accommodated.

marylandblue

(12,344 posts)
26. There is no state that requires mainstreaming
Mon Jan 29, 2018, 04:45 PM
Jan 2018

The law encourages it, but kids who can't be mainstreamed, aren't required to be. That's why there probably aren't any severely mentally handicapped kids in any classroom you are likely to see.

Some parents do refuse special ed, but special ed is expensive and more often the school doesn't want to pay. And for.low income parents, it's usually a disaster because they can't afford advocates to fight the school or pay for services on their own.

The kid was already suspended for ten days this year. The school knew they had a problem and did not address it.

WhiskeyGrinder

(22,357 posts)
17. I'm confused by your "why."
Mon Jan 29, 2018, 04:29 PM
Jan 2018

Are you saying "why should there be a range of responses between accepting violence and cuffing a 7-year-old"?

WhiskeyGrinder

(22,357 posts)
27. Says the police report, which of course needs to justify the response.
Mon Jan 29, 2018, 04:45 PM
Jan 2018

Troubled children lashing out when they need help can look like a lot of things. Accepting the perspective of the carceral state prevents lots of people from getting the help they need, especially those in underserved populations.

procon

(15,805 posts)
23. Sure, starting off life with a police rap sheet at age 7 will open all kinds of opportunities
Mon Jan 29, 2018, 04:41 PM
Jan 2018

for that kid in the future.

There are better methods to help kids with behavioral disabilities other than sending them into the criminal justice system. Can't schools better spend money on counselors and staff training instead of campus police in dealing with misbehavior?


Drahthaardogs

(6,843 posts)
30. Counseling is mostly bullshit
Mon Jan 29, 2018, 04:50 PM
Jan 2018

Talk therapy is vastly over rated.

Medication and behavior modifications are far more effective. The courts can see that the kid gets it. The school cannot.

marylandblue

(12,344 posts)
33. Courts are not equipped to oversee 7-year olds
Mon Jan 29, 2018, 04:57 PM
Jan 2018

Schools are.

Behavior Improvement Plans are made by school psychologists or special ed teachers all the time.

procon

(15,805 posts)
39. No, that old way of thinking only perpetuates the problem.
Mon Jan 29, 2018, 05:24 PM
Jan 2018

Schools can, and do, effectively cope with children that have mental health and behavior difficulties. Parents don't, or are unable, to always do the right things to help their kids, but a good school will have systems in place to help, not only for the student, but the parent as well. Special ed teachers are well trained on handling difficult students, and schools here have many professionals resources available, like psychologists and physicians, and social services, to assist students and parents get the help, support and programs they need, before the police ever need to get involved.

alarimer

(16,245 posts)
42. HE IS A CHILD!!!!!!
Mon Jan 29, 2018, 05:39 PM
Jan 2018

What the hell can the police do except make the situation worse?

Authoritarian bullshit, that's what this is.

womanofthehills

(8,718 posts)
64. and the teacher probably dealth with the child in an authoritarian way
Mon Jan 29, 2018, 11:39 PM
Jan 2018

or he would not have hit her. You get better behavior with honey -- how about something like "sweetie, please don't play with your food & start a conversation with the child" rather than "come with me you are leaving the room."

alarimer

(16,245 posts)
65. Possibly.
Tue Jan 30, 2018, 05:37 PM
Jan 2018

I'm neither a teacher nor a parent, but I DO know that arresting a 7 year old is disgusting, no matter the reason.

unblock

(52,253 posts)
3. "baker acted" apparently means given a psych eval under a law called the "baker act"
Mon Jan 29, 2018, 04:07 PM
Jan 2018

had to read the article to even parse that sentence correctly!

unblock

(52,253 posts)
12. wow that does seem problematic in the case of a 7-year old.
Mon Jan 29, 2018, 04:22 PM
Jan 2018

i can see both sides on this one.

obviously any violence is unacceptable and some action needs to be taken.

but surely there's a middle ground somewhere...?

no_hypocrisy

(46,122 posts)
8. Donald Trump bragged in his book that he punched a music teacher in the stomach
Mon Jan 29, 2018, 04:15 PM
Jan 2018

when he was 7 or 8 because he didn't believe the teacher knew anything about music.

Maybe if DJ Trump had been arrested at the time of the assault . . . . .

Jes' sayin'

Blue_Tires

(55,445 posts)
18. Mom is part of the problem there...
Mon Jan 29, 2018, 04:30 PM
Jan 2018

Yeah lady, your precious brat couldn't ever be in trouble so it's much better to point the finger at the "disproportionate and outrageous response" instead of looking in the mirror, right?

Get an autism screening for him, if nothing else... He got suspended for two weeks in November for a tantrum (must have been one hell of a tantrum) so this is strike two.

 

RandomAccess

(5,210 posts)
49. No matter how MUCH a part of the problem here,
Mon Jan 29, 2018, 06:31 PM
Jan 2018

she is absolutely right that arresting him was wrong.

Blue_Tires

(55,445 posts)
52. And that's an issue with the school system
Mon Jan 29, 2018, 06:59 PM
Jan 2018

if that teacher had no other resources to ensure her safety besides calling for the cops, then the whole system needs a check

Ms. Toad

(34,075 posts)
19. As a former public school teacher, in one of the roughest areas in a large metro area
Mon Jan 29, 2018, 04:33 PM
Jan 2018

No. Just no.

Arrest is not an appropriate response to a 7-year-old child with a behavioral disorder. Period.

Teachers do not have to accept student violence. BUT the solution, especially with a special needs child, does not involve arresting the child and hauling him away in handcuffs.

Start with behavioral specialists.

This was not the first time this child was behaving inappropriately. (This was almost certainly far more than the 2nd incident - since it was the second incident severe enough to call the police.)

After the first incident the school, the parents, whatever specialists are available (school-based, or community based) should have met to create a game plan. What do we do when this happens again. Does the classroom structure need to change (his behavioral disorder may be serious enough that he need to spend part or all of his day in a smaller/distraction free environment with a teacher who is trained in responding to behavior disorders). whether or not the classroom situation needs to change, an agreed upon response plan needs to be created (what works when he acts out at home? Is that a response a teacher can implement? Is any sort of physical restraint appropriate/helpful? Can a call mechanism be implemented to immediately summon help if the behavior disrupts the classroom or threatens others).

That's just a start and, again, it should have been initiated at the first instance - not the second time that it was severe enough to call the police.

KT2000

(20,583 posts)
44. the cuffs were restraints
Mon Jan 29, 2018, 06:05 PM
Jan 2018

so that he could be taken for psychiatric evaluation (Baker Act) - he was not arrested.
I would not want to transport a child who had already hit the teacher, without restraints - it was not a straight jacket. He could injure himself and others if he continued to act up in the vehicle.

What professional should transport a child who is injuring others? Who has authority to handle such situations? Should there be a special job established to respond to such situations in the future? What job currently exists to restrain a child who has already shown he will assault?

This country houses its mentally ill adults on the street. The children have some opportunities for help but this parent's response shows she is not taking responsibility. You better believe if that boy went home and told his mother that a teacher had restrained him in class, there would be hell to pay by the teacher.

Yes - there are big holes that society is loathe to pay for so the only tools available are used.

Note - childhood neurological diseases and disorders are on the rise with no prospect of declining.

Ms. Toad

(34,075 posts)
45. The same "restraints" they use when protesters are arrested.
Mon Jan 29, 2018, 06:12 PM
Jan 2018
You better believe if that boy went home and told his mother that a teacher had restrained him in class, there would be hell to pay by the teacher.


That's why I have repeatedly asked what was previously done. At the first incident that suggested a behavioral disorder, all parties involved should have worked to create a plan that included the parent's buy-in. Not the first time the police are called, long before that. The plan should include low-level responses, the guidance of a behavioral therapist, and graduated responses - all agreed to by the parent as a condition of remaining in good standing. If the parent won't agree, involve everyone but the parent - and document, document, document - so the parent has ample warning, time to appeal to the administration, etc.

You don't wait until the only option available is a nuclear option.

marylandblue

(12,344 posts)
48. So instead of suing the school
Mon Jan 29, 2018, 06:29 PM
Jan 2018

The parents are suing the school AND the police department. The psychiatric hospital examined him for a few hours and found nothing. Psychiatric hospitals only evaluate for immediate problems and hold people until they are relatively stable, they recommend you followup with a doctor but the hospitals don't make you do it.

So what should the school do next time? Call the FBI?

Childhood neurological diseases are NOT on the rise. Detection and classification has improved. The wierdo or idiot you knew back in elementary school probably had undiagnosed autism. Now we catch those kids and can help them.

The school needs to enter the 21st century.

KT2000

(20,583 posts)
50. Childhood neurological issues
Mon Jan 29, 2018, 06:57 PM
Jan 2018

are indeed on the rise, including cancers. I suggest you look into the work of Philip Landrigan MD, et. al. It is not all due to increased detection.

Assault is something that needs to be dealt with immediately. NO ONE - teachers or students should be subjected to assault. When a student who has already assaulted someone needs to be transported they need to be restrained for their protection as well as the others in the car.

This kid obviously has deep issues that need to be addressed before he can be placed back into a classroom with others. That calls for family cooperation as well as medical and mental health treatment.

The 21st century includes more challenges to the developing fetus with the most critical occurring in the first 90 days.

marylandblue

(12,344 posts)
59. The perception that neurological disorders is going is based on autism and ADHD
Mon Jan 29, 2018, 08:19 PM
Jan 2018

that appear to be rising. But the Dept. of Ed. requires that special ed categories be tracked. Prior to about 1990, autism was not tracked at all and there was no category for ADHD. After about 1990, ADHD was officially classified under Other Health Impairment (OHI). Look at the chart below with particular emphasis on changes since 2000 (where there is the most data). Total special ed cases barely changed, but as autism and OHI (i.e ADHD), went up, learning disabilities, intellectual disabilities and emotional disabilities all went down. But nobody seems to celebrate that we have so many fewer kids with those other problems. That's because they are still there, they just switched categories.

https://nces.ed.gov/fastfacts/display.asp?id=64




KT2000

(20,583 posts)
63. special ed is one
Mon Jan 29, 2018, 11:26 PM
Jan 2018

way to measure societal effects but research has shown how certain exposures alter the brain during the first two years of life. Effects would include cancer of the brain, autism, ADD, ADHD, behavioral problems, and loss of IQ. it will be interesting to track special ed classes in Flint, Michigan. The question would be - will they alter their regular classes to accommodate the many kids injured by the lead in their water, in other words, will they be accurate in their assessments?
I tend to go with actual research and it shows problems our country that no one is willing to correct.

EllieBC

(3,016 posts)
24. Has the child had any behavioural evaluations?
Mon Jan 29, 2018, 04:43 PM
Jan 2018

Believe it or not, many parents freak out at the idea of ASD, ADD, ADHD, or ODD and actively avoid those labels. Those labels usually come with help though.

My oldest daughter has ADHD, ASD, and SPD. She has had some tantrums at school ans she's always removed from the classroom and sent to the medical room. I would die a little inside if I knew she had become violent with a teacher or her EA. I don't think their piddly salary should include the benefit of of physical violence from a student.

The child needs a full evaluation and the parents need to get on board with whatever changes or strategies are involved. That's another piece of the puzzle. Often parents of kids with any of the above refuse to put the strategies into place given to them bvy behavioural interventionists.

KT2000

(20,583 posts)
46. yes
Mon Jan 29, 2018, 06:13 PM
Jan 2018

the kid assaulted the teacher so how should he be transported? Put him in the backseat of a car where he could assault the driver? where he could injure himself, or cause an accident by disrupting the driver?
Maybe the Baker Act should not exist and the other students and teacher should just have to put up with being punched or whatever else kids want to do.

the outrage here is not that the kid was cuffed - it is that there is no clear way to deal with aggressive/dangerous children that will not result in lawsuits.

I wonder what the other kids were thinking when they saw the boy punching the teacher - were they scared? did they feel insecure? will they become afraid to go to school? are there some that think it would be Ok to do it themselves?

mcar

(42,334 posts)
47. He's a 7 YO child
Mon Jan 29, 2018, 06:22 PM
Jan 2018

Not a criminal. Small children, especially those with developmental disabilities, do not have a lot of self control.

Were the other kids scared? No doubt. Is that a reason to haul a young child out in cuffs? No.

KT2000

(20,583 posts)
53. the Baker Act
Mon Jan 29, 2018, 07:01 PM
Jan 2018

seems to require the child be transported to evaluation. A child who has already assaulted the teacher cannot be trusted to sit in the back seat of a car and not throw a tantrum that could result in injury to the child or others in the car.
So the kid is unrestrained, unbuckles his seatbelt, and he does injure himself or the driver or causes a car accident - now what?

mcar

(42,334 posts)
55. The Baker Act is abused frequently
Mon Jan 29, 2018, 07:04 PM
Jan 2018

Talk to FL families of dementia patients about it. I have.

Where were the trained adults in the school?

Forget it, I just cannot believe what I read on this site at times. Let's lock up 7 year olds!

KT2000

(20,583 posts)
56. they did not lock up
Mon Jan 29, 2018, 07:14 PM
Jan 2018

a 7 year old. They restrained a 7 year old to be transported for evaluation, where they did the evaluation and then released him.
The problem may be the Baker Act but it sounds like this was handled the way the law says.
I do not fault the police for protecting the child and themselves. Since this involved transportation of the child, care had to be taken.

I will bet that there is not one employee in the school who is authorized to restrain an aggressive child who has assaulted, without facing a lawsuit. Maybe that should be fixed.

hunter

(38,317 posts)
51. Regular police are ill-equipped to handle this shit.
Mon Jan 29, 2018, 06:59 PM
Jan 2018

Child protective services needs to have their own version of the police, people who are willing to take on the hitting kicking screaming biting seven year olds, and worse sometimes, their parents.

I got hit a few times teaching, and it wasn't by little kids, it was by awful near-adult and adult-sized kids. I'm not so sure regular police involvement improves the outcomes of those sorts of altercations either.


Gothmog

(145,321 posts)
60. Texas Supreme Court finds for Dallas Observer in satire case
Mon Jan 29, 2018, 08:50 PM
Jan 2018

This story reminds of a good decision by the Texas Supreme Court on the law of satire. The Texas supreme court got it right here. The Dallas Observer article was based on similar facts and I am glad that the Texas supreme court upheld the First Amendment http://www.myplainview.com/news/article/Texas-Supreme-Court-finds-for-Dallas-Observer-in-8939386.php

A fictional Dallas Observer article about the arrest of a 6-year-old girl for a book report was satire and didn't libel two Denton County officials who sued the newspaper, the Texas Supreme Court ruled Friday.

The 8-0 ruling in favor of the Dallas Observer and three journalists stated that Denton County Court-at-law Judge Darlene Whitten and District Attorney Bruce Isaacks, who sued the alternative weekly paper, will get nothing.

The article in question was published in 1999 under the headline "Stop the Madness." It was a parody of the actual arrest of a 13-year-old Ponder student for reading a graphic Halloween story in class. The fictional article was about a girl jailed for a school book report on Maurice Sendak's children's story "Where the Wild Things Are."

Whitten and Isaacks said the fictional article was presented as news and damaged their reputations. Their attorney said that some people _ even lawyers, college professors and other journalists _ thought the story was true.

"It attributed quotes to them that they did not say, and it made them appear as if they had committed actual crimes and unethical conduct with regard to a child, who turns out to be fictional," said Mike Whitten, the attorney representing the two officials and the husband of Darlene Whitten.

This case got so much attention because even it Texas arresting a child is frowned on.

mcar

(42,334 posts)
61. "After the boy calmed down"
Mon Jan 29, 2018, 09:19 PM
Jan 2018
After the boy calmed down, he was taken to the principal’s office — and then taken into custody. The report added that the teacher had said she wanted to press charges.


https://www.washingtonpost.com/news/education/wp/2018/01/29/a-7-year-old-boy-was-called-a-danger-to-society-and-cuffed-at-school-his-parents-say/

Look, it is clear that our educational system is broken. No teacher should have to deal with that. But, they handcuffed at small child, AFTER he had calmed down. Where, in any sane world, is that acceptable?

Response to mia (Original post)

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