What action can be taken when a judge sentences the parents to 12 months probation for the truancy of their teenager?The parents instead of the child were placed on probation The parents were not...

What action can be taken when a judge sentences the parents to 12 months probation for the truancy of their teenager?

The parents instead of the child were placed on probation The parents were not given the opportunity to explain and as  a result the father lost a secured job because of a criminal act that he did't commit. What action can be taken to rectify this situation? The parents believed she was going to school when she left their home daily until they were notified to come to court. The mother is very sick and on meds daily and the father is the only means of support and because of criminal  sentencing has lost his banking job  which holds a security clause

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lorrainecaplan's profile pic

Lorraine Caplan | College Teacher | (Level 1) Educator Emeritus

Posted on

The previous answer provided good advice, but I do need to point out to you that you cannot wait very long to make a decision because there is a time limit to appeal. In most states, there is a thirty day period in which you may file an appeal from trial court to appellate court, but because we do not know what state you are in, you will have to find out what the appeal period is.  If your appeal is late, the decision of the lower court stands, and there is nothing that can be done to change that.  I, too, urge you to talk to an attorney, someone who can at least advise you as the appeal period.

brettd's profile pic

brettd | High School Teacher | (Level 2) Educator Emeritus

Posted on

The laws vary from state to state on school attendance and parent culpability.  Appealing the conviction on the grounds you suggested, that you were not able to present your defense, might be an option, but it would be best to consult a lawyer for this.

Until you take further legal action, everything will remain as the last ruling stated.  You might be able to request a new hearing with the judge to explain the extenuating circumstances.  Ask your attorney, but I would not think there would be a possibility of a civil lawsuit unless you can prove negligence on the part of the court - willful misconduct, that is, which is very difficult to do.  Other than that, the court is just enforcing the law, and you unfortunately have been the victims of the collateral damage.

I am very sorry for your misfortune, and I hope this works out for you in the end.  Please do at least consult with an attorney rather than seek legal advice here.  Many of them do not charge for the initial consultation.  Good luck.

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