10 year old's school calling child protective services if I don't drug her

Asked about 2 years ago - Brooklyn, NY

I had an argument with my 10 year old's teacher. My child is in the 5th grade. Her teacher says she can't focus and I need to put her on drugs (i.e. ritalin, adderall) and I said she won't take them and the teacher said to put the drugs in her soup but she is a picky eater and won't eat most foods. Next, the teacher said if I don't drug her, she will call child protective services telling them I am "medically neglecting" her and that they will take my child away. I told her she had ZERO right to do this and that my child will be in MY CUSTODY AND FREE FROM DRUGS. I am very upset and I need advice on what to do.

Attorney answers (2)

  1. Harry Edward Hudson Jr

    Contributor Level 20

    Answered . If there is no medical determination that child needs to take medication, I doubt that you can be forced to give it to her just because the teacher thinks it is needed.
    IF there is a diagnosis the says child needs medication, suggest that you get a second opinion. There is arrguent that ADHD is over diagnosed and there are some bad side effects.
    But I have doubts you could be in trouble if the mediction is merely to help with social interaction and is not needed to preserve her life.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  2. Michael L Rich

    Contributor Level 17

    Answered . You should consult with a special ed attorney who is familiar with child protective services issues or a false allegations of neglect attorney who is familiar with the special ed process. You do have rights as Attorney Hudson said. But I am not as confident as he appears to be that your local CPS agency would not start an investigation and put you through the wringer if this teacher oversteps and reports you to CPS while you are gathering your evidence to support your assertion that your child needs supports in school rather than medication.

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this... more

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