put protecting kids' safety in writing
Posted on August 21, 2016
Put protecting kids’ safety in writing
Q. I’m in the middle of negotiations with the father of my children. Besides child support what terms and conditions should I be asking for?
A. This is the third in a series of articles about what to put into a Joint Managing Conservator (JMC) agreement. The JMC concept helps parents have joint general rights and duties to cooperate in jointly raising their children.
Last week I stopped at paragraph 1(e) that let each JMC invest and mange gifts given to the children by that JMC’s relatives. Here are two more duties:
2 (a) the duty to, depending on the nature of the information, timely provide the other JMC of noteworthy, important, or significant information about the children’s education, health and welfare.
2 (b) (i) The duty - before introducing the children to another adult whom that conservator wants to bring into that conservator’s home or temporary residence for more than 5 days - no matter what the purpose (from helping out that person, relative or friend, to someone who will share expenses, to a new spouse) and before that person is brought into that JMC’s home or residence – to determine if that person is either a registered sex offender or is currently charged with a crime that, upon a plea or finding of guilty, would require that person to register as a sex offender.
(ii) If that person has been or is then being charged as a sex offender, then, at least 60 days before any such residence occurs, the inviting JMC shall give notice in writing by both U.S. Mail and email or text to the other JMC with the following information about that person: (A) full name and aliases; (B) date and place of birth;
(C) full descriptions of each offense charged together with the plea or court’s judgment of not-guilty or guilty and the terms of all pre- or post-hearing sentencing or probation;
(D) the date of each such charge; (E) the name and address of each court in which charges have been brought; and (F) other relevant information about that person.
(iii) The inviting JMC must make his/her own investigation of the then-available databases of sexual offenders, make a permanent list of the reviewed sources, and absolutely cannot rely upon a claim or statement by that person there have been no such charges.
Of course the other JMC may claim paragraph 2(b) is intrusive. Nevertheless it is necessary.
Liars lie, often telling the same stories over and over again, but never having proof of their twisted tale. While pretending they know everything, they prove they know nothing.
So if a check would have disclosed a sex offender –
then later saying sorry to your child cures nothing, not
even your conscience.