• Parents are required by law to make sure their children regularly attend school (unless the child meets one of the limited exceptions listed in § 59-65-30;   § 59-65-10(A).
• A parent whose child is not six years of age on or before the first day of September of a particular school year may elect for their child not to attend kindergarten.  The parent must sign a written document making the election with the school district in which the parent resides. § 59-65-10(A).
• Parents who neglect to enroll their child or refuse to make their child attend school, upon conviction, may be fined up to fifty dollars or imprisoned for up to thirty days for each absence. § 59-65-20.  It may be considered educational neglect if a child is accumulating unlawful absences and the school’s efforts to help the child attend regularly fail because of the parent’s refusal to cooperate. § 63-7-20(6)(a)(iii).

• School principals are required to report to the county attendance supervisor on a child’s continuous unexcused absences. § 59-65-260.
• Attendance supervisors are required to make an earnest effort to have and keep enrolled all children of school age in the county. § 59-65-260.
• § 59-65-50 states that “if the board of trustees of a school district or its designee is unable to obtain the school attendance of a child in the age group specified in § 59‑65‑10, the board or its designee shall report such nonattendance in writing to the juvenile court or such other court in the county as may have jurisdiction of juveniles but exclusive of magistrate’s courts notwithstanding the provisions of § 22‑3‑540…”
• Reg. 43-274 outlines the requirements that must be met by the school prior to referring a child to court. 

• Parents must cooperate with the school intervention planning. This means that parents should take an active role in assisting the school in identifying the reasons for the child’s truant behavior.  Parents should also cooperate with any referrals made by the school in an effort to improve the child’s attendance.
•  It is important for parents to understand that if they refuse to cooperate with the intervention planning, Reg. 43-274(IV) states that the school district has the authority to refer the child to family court for truancy and requires that a report be filed against the parents with DSS for educational neglect.  It may be considered educational neglect only if a child is accumulating unlawful absences and the school’s efforts to help the child attend regularly were unsuccessful because of the parent’s refusal to cooperate. § 63-7-20(6)(a)(iii).

• As soon as a child is determined to be “truant,” school officials are required to immediately intervene to encourage the child’s future attendance.
• The first step should be to identify the reasons for the child’s continued absence. This is a crucial step in the intervention process.  Truancy is generally a symptom of an underlying problem. If the underlying causes of the truant behavior are not accurately identified  and are ignored, the intervention plan developed will be missing key elements necessary to effectively address the attendance problem.
• At this point, it will be necessary to meet with the child’s parents to discuss why the child has been missing school.  It is not acceptable to make minimal efforts to contact the parents to set up a meeting.  Every reasonable effort must be made to meet with the parents, including phone calls and home visits, both during and after normal business hours, as well as written messages and e-mails if necessary. Reg. 43-274(III)(B).  When meeting with parents, it is important to treat them with respect and, until proven otherwise, it should be assumed that the parents want their child to be in school.  
• Once the underlying causes of the truancy have been identified, school officials are required to work with the child and the parents to develop a written intervention plan to address the child’s continued absence.  Reg. 43-274(III)(B).  
• When developing the intervention plan, school officials may determine that the child and the family are in need of additional services that the school is not equipped to provide.  If this is the case, a team intervention approach may be used to formulate the intervention plan.  Team members may include representatives from social services, community mental health, substance abuse and prevention, and other persons deemed appropriate. Reg. 43-274(III)(D).
• The intervention team or the school officials may determine that it is appropriate to make referrals to particular organizations or agencies to address specific problems, needs, or concerns of the child and family.
• If the parents refuse to cooperate with the intervention planning to remedy the attendance problem, the school district may refer the child to family court and file a report against the parents with DSS for educational neglect. Reg. 43-274(IV).
• In an effort to encourage participation by the parents, it is a good idea in the beginning to educate the parents about what can happen to them if they do not cooperate.  School officials should provide the parents with a copy of the laws on penalties for failure to cause a child to attend school (§ 59-65-20) and educational neglect, 
• Throughout the intervention process, school officials should carefully document all actions taken with and on behalf of the child and family.

• Up to this point, parents should have been actively involved in the intervention planning process and should continue to make every reasonable effort to improve their child’s attendance.  They should attend any appointments made for them and follow through with any referrals that were suggested in the intervention plan. If the parents are not assisting in the intervention plan, the school can make a referral to DSS for educational neglect without referring the child to court for truancy.  
•  If the child is referred to family court for truancy and placed under a court order to attend school, the judge will likely make the parents a party to the action and place them under the order to require their cooperation.

If school officials have been unsuccessful in causing a child to comply with the written intervention plan, they have the option of referring the child to family court.  It is important that the school make every effort possible to keep the child in school before resorting to filing a petition against the child.  As noted in Reg. 43-274(II), “(t)he State Board of Education recognizes that truancy is primarily an educational issue and that all reasonable, educationally sound, corrective actions should be undertaken by the school district prior to resorting to the juvenile justice system.”

• School officials should be aware of the implications of referring a child to family court.  A child involved in family court proceedings will likely miss numerous days of school when attending court hearings and meeting with court personnel.  Also, any child who becomes involved with the juvenile justice system is at risk for being sentenced to a DJJ institution.   
• If it is determined that a referral to the family court is necessary, school officials may refer the case by filing an initial truancy petition. Reg. 43-274(IV).   The written intervention plan and documentation of non-compliance with the plan must be attached to the truancy petition and served on the child and parents.  Reg. 43-274(II)(B), (IV)(A).  The referral must also specify any corrective action regarding the child or the parents that the district recommends that the court adopt, as well as any other available programs or alternatives identified by the school district. Reg. 43-274(IV)(A).
• When a child returns to school after being placed under a school attendance order, though not required by law, school officials should update the intervention plan to incorporate the terms of the order.  It is good practice to set up a meeting with the child and the parents soon after the first court hearing to make sure they know that the school is still supportive and willing to continue to make the effort to resolve the attendance problem with the family’s cooperation.  School officials should continue to assist the child and family through any new referrals for services that may be needed.  
• Again, throughout the intervention process, school officials should carefully document all actions taken with and on behalf of the child and family.

Procedures vary from county to county as to how children are referred to family court for violating the compulsory school attendance law (commonly referred to as “first time truancy referrals” for an “initial truancy hearing”).  Regardless of how a first time truancy petition is filed with the family court, there are certain steps that the solicitor, if involved, should take to ensure proper handling of the case.

• The solicitor should verify that the school officials have complied with all the requirements outlined in Reg. 43-274 before proceeding with the case.
• The solicitor should also verify that the written intervention plan and documentation of non-compliance have been attached to the truancy petition and served on the child and parents prior to the initial truancy hearing.
• The solicitor should proceed with a clear understanding of the Deinstitutionalization of Status Offenders (DSO) requirement and the  “valid court order” exception of the Juvenile Justice and Delinquency Prevention (JJDP) Act, 34 U.S.C. 11133(a)(23).  (See Valid Court Order Checklist, in Section 7, Tools & Resources.) 

At this stage, a child may be represented by an attorney.  Whether the child has the right to appointed counsel at this first “hearing” is unclear and may depend on the process by which the presiding judge conducts the hearing. At issue is whether or not the hearing may result in commitment to an institution in which the child’s freedom is  curtailed.  In In re Gault, 387 U.S. 1 (1967), the U.S. Supreme Court held that “the Due Process Clause of the Fourteenth Amendment requires that in respect of proceedings to determine delinquency which may result in commitment to an institution in which the juvenile's freedom is curtailed, the child and his parents must be notified of the child's right to be represented by counsel retained by them, or if they are unable to afford counsel, that counsel will be appointed to represent the child.”  

If the child is represented by an attorney at this stage, the defense attorney should:

• meet with the child and the parents in order to prepare for the court hearing and determine if there are any possible defenses available to the child.
• before going to court, verify that school officials have complied with the requirements listed in Reg. 43-274, and if they have not, the attorney should ask the prosecutor to dismiss or continue the case or request the judge to dismiss or continue the case and order the school to comply with such requirements.  
•  make sure  the written intervention plan and documentation of non-compliance were attached to the truancy petition and served on the child and the parents prior to the initial truancy hearing.
• before allowing the child to be placed under a court order to attend school, make sure that the child has received full due process rights guaranteed by the United States Constitution. (See Due Process Rights of Children Involved in Delinquency Proceedings in Section 7, Tools & Resources.)

• When a child is referred to court by school officials for violation of the compulsory attendance law, the judge should verify that the school officials have complied with the requirements of Reg. 43-274.  If the requirements have not been met, the judge may dismiss or continue the case and order the school officials to comply with such requirements.
•  The judge should verify the written intervention plan and documentation of non-compliance are attached to the truancy petition and that these documents have been served on the child and the parents.
• The judge should also ensure that the child has received full due process rights guaranteed to the child by the United States Constitution. (See Due Process Rights of Children Involved in Delinquency Proceedings in Section 7, Tools & Resources.)
•  If the judge determines the child has violated the compulsory school attendance law, the judge may issue an order compelling the child to attend school and join the parents as parties to the action by placing them under the court order, as well.  The order may require the immediate return of the child to court if there are any additional absences, class cuts, or tardies; or it may give some discretion to the school officials as to whether or not they refer the child back to court.  The judge may also place the child on probation with DJJ, thus placing DJJ in the active role of monitoring the child’s future school attendance.

• Parents must continue their efforts to assist and cooperate with the intervention plan and comply with the school attendance order.   If the parents do not comply with the order, they may be held in contempt of court.
• Parents should also make sure their child is represented by an attorney if brought back to family court for contempt of court.  This is especially important since the child is at risk for being committed to a correctional institution.  If the parents are unable to hire an attorney, an attorney will be appointed to represent the child.
• Parents should be prepared to answer questions the judge may have at the contempt of court hearing regarding any efforts made on their behalf to encourage their child’s attendance.  
• If the child is adjudicated delinquent for violating a court order, the parents should comply with any further conditions ordered by the court.

• School officials may refer the child to family court for violation of a previous court order. Reg. 43-274(IV)(B).
•  Before petitioning the court to hold the child in contempt of court, school officials should ensure they have complied with any specific requirements of the school attendance order and the intervention plan, and the school and district must exhaust all reasonable alternatives prior to petitioning the family court to hold the child or parents in contempt of court. Reg. 43-274(IV)(B). However, if the judge’s previous order provided that the child should be brought back for contempt if there is one further unexcused absence, then school officials must act in accordance with the order.
• If school officials file a contempt of court petition, all school intervention plans existing to this point for the child and family must accompany the petition.  Reg. 43-274(II)(C), (IV)(B).  The petition for contempt of court must also include a written report that presents as much information as possible to assist the judge in making the best decision for the child. It must at least indicate the corrective actions that were attempted by the school district, recommendations by the school district to the court should the child or parents be found in contempt of court, and graduated sanctions or alternatives to incarceration that are available to the court in the community. Reg. 43-274(IV)(B).
• The school district should coordinate with the local DJJ office to establish a system of graduated sanctions and alternatives to incarceration in truancy cases. Reg. 43-274(V).
• School officials should have a clear understanding of all the facts surrounding the case and should be prepared to answer any questions about the intervention process that the court may ask at the contempt of court hearing.  School officials should consider all options available to the child and may present more than one recommendation for consideration by the court.
• If a child is adjudicated delinquent for contempt of court, the judge may place the child on probation or commit the child to a DJJ institution. No matter what the final disposition of the case, it is likely that the child will ultimately return to school.  School officials should not simply rely on a court order to enforce school attendance.  It is suggested that  the intervention plan be updated as soon as possible after the child returns to school to incorporate the order of the court and provide continued monitoring of the child’s attendance.  If the underlying issues that caused the truancy in the beginning have not been resolved, a court order to attend school will not substitute for treatment that may be needed.  In many cases, professional help and family involvement will be necessary to keep the child in school.

• DJJ is required by law to provide intake services to independently assess the circumstances and needs of children referred for possible prosecution. § 63-19-1010(A). When a child is charged with contempt of court, the child and parents will be notified of the date and time they are scheduled to meet with the DJJ community specialist at the local DJJ county office for intake.
• While reviewing the case file and preparing for intake, the DJJ specialist should ensure that the written intervention plan is included with the petition and that the plan is individualized, updated, and complete.  
• During intake, the DJJ community specialist will explain the court proceedings to the child, collect background information from the child and the parents, and request the parents to sign releases to obtain school and medical records.  The DJJ community specialist should also inform the child and parents of the child’s right to an attorney and may refer the parents to be screened to determine if they qualify for a public defender.  
• The information gathered at intake, school records, past involvement in the juvenile justice system, and other available information will be used by the DJJ community specialist to make a recommendation to the solicitor as to whether or not to prosecute the child.  DJJ staff will also rely on this information to make a recommendation to the court for its consideration and determination of the disposition of the case.
• DJJ’s recommendation to the solicitor should include whether reasonable efforts to comply with Reg. 43-274 have been made.  It should also include whether all required documentation is accompanying or contained in the referral or petition for truancy.
• If the required written documentation does not exist, does not accompany, or is not contained in the referral or petition or, does not comply with the requirements of Reg. 43-274, the DJJ community specialist should recommend to the solicitor that the petition not be processed, but rather returned to the school district with the deficiencies noted so they can be corrected.  The focus should be on the substance of what is provided, not the form in which it is provided.
•  If circumstances do not warrant prosecution in the discretion of the solicitor, the DJJ community specialist should offer referral services as appropriate for the child and family. § 63-19-1010(B).
• The DJJ specialist should also look into diversion options for the child. If an appropriate truancy diversion option exists in the community,  the DJJ community specialist should recommend to the solicitor that such option be used prior to court.
• The DJJ specialist should cooperate with the school district’s efforts to establish a system of graduated sanctions and alternatives to incarceration. Reg. 43-274(V).
• At the contempt of court hearing, the DJJ community specialist should provide the court, upon request, with any advice or assistance concerning procedural compliance or recommendations concerning appropriate intervention services available to address the child’s truancy.
• If the child is placed on probation at the contempt of court hearing, the DJJ community specialist should meet with the child and family following the hearing to explain the probation court order and set up an appointment to begin monitoring the probation.  DJJ should also coordinate with the school officials to continue the intervention process and incorporate the terms of the court order into the process.

• Prior to court, the solicitor should review DJJ’s intake recommendations and make a determination as to whether or not to prosecute.  § 63-19-1010(A).  
• Before proceeding with the case, the solicitor should make sure school officials and DJJ representatives have complied with all laws and requirements of Reg. 43-274.
• The solicitor should verify all school intervention plans existing to this point for the child and family are attached to the contempt of court petition.  The solicitor should also verify the petition includes a written report indicating the corrective actions that were attempted by the school district, graduated sanctions or alternatives to incarceration available to the court in the community, and recommendations by the school district to the court should the child or parents be found in contempt of court.  
• Again, as noted at the habitual truant level, the solicitor should proceed with a clear understanding of the Deinstitutionalization of Status Offenders (DSO) requirement and the  “valid court order” exception of the Juvenile Justice and Delinquency Prevention (JJDP) Act, 34 U.S.C. 11133(a)(23).  (See Valid Court Order Checklist, in Section 7, Tools & Resources.) 

• Once hired or appointed to represent a child charged with contempt of court, the defense attorney should set up a meeting with the child and the parents to explain the court proceedings and gather information from the child and parents to prepare for court.
• The defense attorney should determine whether there are any possible defenses available to the child and explain to the child the options of pleading guilty and admitting to being in willful violation of the court order, or going forward with a trial. 
• The defense attorney should check to make sure that school officials have fulfilled their responsibilities up to this point and that they have complied with all the requirements of Reg. 43-274.
• The defense attorney should make sure all school intervention plans existing to this point for the child and family are attached to the contempt of court petition.
• The defense attorney should also make sure the petition for contempt of court includes a written report indicating the corrective actions attempted by the school district, graduated sanctions or alternatives to incarceration available to the court in the community, and recommendations by the school district to the court should the child or parents be found in contempt of court.
• The defense attorney should review the case file and verify the child was afforded all due process rights guaranteed to such child by the Constitution of the United States.(See Due Process Rights of Children Involved in Delinquency Proceedings in Section 7, Tools & Resources.)
• If the child was not afforded such due process rights from the very beginning of the process, the defense attorney may assert that any possible future incarceration would be in violation of the federal Deinstitutionalization of Status Offenders mandate of the JJDP Act.
• The defense attorney should meet with school officials and DJJ staff prior to court to resolve any questions. 

When a child appears before a family court judge for violating a court order to attend school, the judge is faced with a dilemma – absent other circumstances, an offense of truancy does not make a child a criminal or a danger to the community; however, the child has violated an order of the court which is considered a serious act of defiance that must be addressed.  Further, it is in the child’s best interest to attend school.

• Before proceeding with the contempt of court hearing, the judge should verify that an intervention plan was in place from the beginning and that a school attendance order was previously issued. 
•  In order to ensure that the school officials have met all required of them, the judge should verify the petition for contempt of court is accompanied by all school intervention plans existing to this point and includes a written report indicating the corrective actions attempted by the school district, recommendations by the school district to the court should the child or parents be found in contempt of court, and graduated sanctions or alternatives to incarceration available to the court in the community.
• The judge should verify that the child or the parents were given written notice of the factual allegations to be considered at the hearing. The judge should also confirm that the notice was given sufficiently in advance to permit preparation and that the child or parents were advised in the notice of their right to be represented by an attorney and that, if unable to hire an attorney, one would be appointed to represent them. § 63-19-1030(D).
•  In the hearing, the judge must expressly inform the parent and child of their right to counsel and specifically require them to consider whether they do or do not waive the right of counsel.
•  If the judge adjudicates the child delinquent for contempt of court, he or she will issue an order which states the disposition for the child and family.  The order may place the child on probation with DJJ, commit the child to a DJJ institution, or order commitment to DJJ to be followed by probation. To ensure compliance with the federal “valid court order” exception of  the JJDP Act, 34 U.S.C. 11133(a)(23), see Valid Court Order Checklist, in Section 7, Tools & Resources.