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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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A psychiatrist office opened a CPS case because we are not

Customer Question

A psychiatrist office opened a CPS case because we are not medicating our 13 year old daughter for bipolar in Texas. Is this legal. She was on medicine years ago, but was physically violent, without the medication she is just loud and a bit rebellious. the police called and said we need to get her medication for this to go away.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

This is Samuel and I will discuss this and provide you information in this regard.

I have done a little research. There is a law against schools forcing parents to give pharmaceuticals to children as a requirement/condition for attending school.

Title 20 of United States Code:
Chapter 33, Subchapter II
,
ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES
§ 1412, State Eligibility

(25) Prohibition on mandatory medication

(A) In general
The State educational agency shall prohibit State and local educational agency personnel from requiring a child to obtain a prescription for a substance covered by the Controlled Substances Act as a condition of attending school, receiving an evaluation under subsection (a) or (c) of section 1414 of this title, or receiving services under this chapter.

(B) Rule of construction
Nothing in subparagraph (A) shall be construed to create a Federal prohibition against teachers and other school personnel consulting or sharing classroom-based observations with parents or guardians regarding a student’s academic and functional performance, or behavior in the classroom or school, or regarding the need for evaluation for special education or related services under paragraph (3)

Expert:  Samuel II replied 1 year ago.

Now under Texas statute, neglect does include medical issues as well as mental health issues. But that still does mean you can be forced to medicate your child. It only means that you have to seek treatment - but that can include therapy.

This is a very delicate case with many facets. I suggest, that you would want to consider at least consulting with a local attorney to review the case law more closely and advise you on the direction you should go.

Expert:  Samuel II replied 1 year ago.

I suggest, this is not something you should consider handling on your own.

Keep in mind, that if a court would find that your daughter is a danger to herself and/or the community it could order her to commitment for treatment and that would include the medication. I suggest, this is also something you would want to discuss with your local attorney. If the child is under state control, can you get an injunction to stop the pharmaceuticals.