Hands Untied: The Gabriel Fernandez Law

Hands Untied: The Gabriel Fernandez Law

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Jessica Mata started this petition to Governor Gregg Abbott

More often than not we hear the phrase "Our hands are tied" from various government entities.  There have been too many deaths of innocent children that have resulted from this red tape that keeps these entities from coming together as people for the people first and for most. How many more tragic deaths have to occur for a change to happen. If it takes a village to raise one child then why do we still live in a society that still depends solely on family services as the only decision makers and action takers regarding the safety of our children? With their work overload, other community members should be designated to step in where family services fall short. People always talk about the system failing, however with so much separation of powers  I dont see a system at all because a system requires interdependence in order to function efficiently. I say there needs to be a point in a situation that any professional that services a child for example a teacher, a doctor, an officer, a counselor, a principal, etc. can act on divine instinct to use his or her better judgement to protect without their certification being threatened.  

As an educator, I propose a law to be written, passed, and enforced as quickly as possible that gives teachers the right to override the process of a family service investigation and hold a child from being released to their parents or custodial adult given the following circumstances:
1. The teacher is the one who called on more than one occasion to report abuse.
2. There is a direct outcry from the child.
3. There is reasonable concern with evidence of bodily injury that the abuse continues.

Law enforcement should be given the same right to transport the child to the nearest hospital for an emergency assessment and evaluation of the child and the teacher should be allowed to give emergency consent for the medical team to conduct the assessment of the child's injuries.  

This law will positively affect the community by saving a child's life while their homelife is being investigated through protective services services.  

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