Does a juvenile court judge have the right to tell me that I cannot homeschool my son because he is on probation?

My 14 year old son is on juvenile probation. A condition of his probation is that he attend school. I have recently filed a letter of intent to homeschool with our local school district and his probation officer has told me that this may not meet the conditions of his probation and that if I go ahead with homeschooling his probation may be violated.

Asked on December 12, 2011 under Criminal Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Good question. If the probabtion officer is of the opinion that your son who is on juvenile probation (where a requirement is that he attend mainstream school) may be in violation of his probation if you home schooled him, then you need to listen to the probation officer's opinion and make a determination if home schooling is going to be the choice for him.

I suggest that if you have a criminal defense attorney for your son that he or she be authorized to file a petition with the juvenile court for permission to attend home school. If the petition is approved, then you do not have to worry about a violation of his probation.


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