Legal Question in Family Law in New Mexico

Is it a bad idea for a teacher/school director to write a letter stating classroom observations of a parent accused of sexual abuse of his child? Both parents are part of the school community and the mother has accused the father.


Asked on 1/31/15, 11:27 am

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos

There's no general answer to your question. Let's assume you have not been asked to write such a letter. If you have observed the parent making sexual advances toward a child, that should be reported to CYFD or the police. If you want to testify in support of the parent who has been accused then you could contact the parent or his attorney and state that you would be willing to offer your observations. If you want to support the accuser then you want to let the investigator know you have information. Usually the investigation is led by CYFD but they're a little hard to get to because they always want you to go to the hotline; although if you are persistent you can locate the phone for nearest CYFD investigator office online and try to reach the investigator. But see my caveat below about legal advice.

If you have been asked by one side or the other to provide your observations, but they should guide you as to format.

Whichever way you go, remember you work for an organization that may have policy guidelines affecting your response and you may want to check with your organization's legal department for advice on your response. If you're the director of your school then you should have an attorney on call you can discuss this with.

Remember that only around 15% of reports of abuse/neglect are substantiated after investigation. There are many reasons for this, including everything from misunderstandings to revenge, especially when there are marital difficulties.

Taking sides unnecessarily in these kinds of disputes can lead to repercussions your school may not want to deal with. By "unnecessarily" I mean that your information would not bear directly on the best interests of the child who is the subject of the investigation.

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Answered on 1/31/15, 2:16 pm


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