Legal Question in Civil Rights Law in Indiana
spanking of handicapped child
I am in need of some advise ,my son is a 17 year old w/down syndrome,doesn't talk has some problems communicating.He goes to a government run facility called CDC Resources.Yesterday one of the staff members spanked him for spitting.I knew when he came home that something had happened because of the way he acted.I didnot get this information until today about 10:00.Is there anything I can do about this situation? I am very upset about this.
Thank You
--name removed--Davis
1 Answer from Attorneys
Re: spanking of handicapped child
You can definitely approach the school board; I would get a lawyer and explore what your local options are, because you might have a civil rights claim, depending upon how hard they hit him, whether it had a lasting impact, etc..
But, chances are, he will have to attend that school, so you really want to make clear in a firm way, but in a way to maintain the relationship, that that short of thing is totally unacceptable and that you want it in the record that you object and that it better not happen again.
I fought a case in federal court for years over this sort of thing, and it was heartbreaking how the school treated my client and the abuse he suffered. You don't want to go there, if there is any other way to get the child's needs met.
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