Legal Question in Family Law in Pennsylvania

A Question About Temporary Guardianship

Hello! I know a family who directs a 501c3 youth ministry organization who recently decided to take in a troubled teenager for a conditional 30-day period to help out his mother. (The mother asked if this would be an option, giving full consent.) The school district got wind of what happened, and called the family telling them that it is illegal for them to house the boy for more than one or two days, and he would not be allowed to continue coming to school under these circumstances. The principle then added that their only option would be temporary guardianship, but that they must be committed to housing him for the rest of his school career (he's a highschool freshman now). Anyways, it doesn't seem right that the school can say a child cannot stay at another residence for more than two days and still come to school. I can recall several instances in the past when our school district has claimed bogus state laws against homeschoolers, so I want to be sure that they are correct about this issue before just letting it go. Any advice would be much appreciated.

Thanks,

Johnny


Asked on 11/14/06, 5:28 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: A Question About Temporary Guardianship

You asked about an issue regarding attendance at school and temporary living circumstances.

The school is probably mistaken. It is unlawful for a person to establish residence JUST for the purposes of attending a certain school. But that does not seem the case here.

As you explain it the situation is simply a matter of convenience regarding the student's life outside of school.

There simply is no way that a public school can have any say about the living arrangements of the child beyond demonstrating concern for a safe and clean environment. (Schools are required by law to report suspected situations of substandard living conditions or child abuse).

That said, establishing a temporary guardianship is relatively easy and contrary to the school's assertion it does not need to be for any determinate period. Contact a lawyer in your locality to follow-up on this matter.

The big concern is if the school attempts to thwart the child's attendance at school. this can be resolved by an emergency hearing with either a full resolution or an injunction preventing the school from acting.

Regards,

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Answered on 11/14/06, 6:14 pm


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