Issue Information
Whether in school, in neighborhoods, or in the presence of law enforcement, the ACLU is committed to protecting young people’s constitutional rights. When the Constitution was first drafted, children were considered property of their parents and afforded few rights. However, in the years since, the U.S. Supreme Court has recognized youth should be granted many of the same rights as adults.
What's Happening in Ohio
Legislative Priority: Protect the rights of families
The ACLU of Ohio works to protect the rights of families in schools, the community, and the criminal justice system.
It is widely recognized by professionals and the courts that youth differ from adults. Consequently, the Ohio Supreme Court determined in …
The ACLU of Ohio works to protect the rights of families in schools, the community, and the criminal justice system.
It is widely recognized by professionals and the courts that youth differ from adults. Consequently, the Ohio Supreme Court determined in 2012 that youth facing a loss of liberty must have their right to counsel explained prior to waiving this right. However, the Ohio Supreme Court found in In re M.W. that because police interrogations are not considered part of juvenile criminal proceedings, youth do not have to have this right explained to them before talking with police. In his concurring opinion, Justice Lanzinger suggested that this extension requires a change in policy by the General Assembly.[1]
Ohioans want to make certain justice is served. In order to ensure that there is justice for victims, suspects, and defendants, the ACLU of Ohio recommends legislation that:
- Includes police interrogations in juvenile criminal proceedings.
- Ensures youth are explained their right to counsel and the consequences of refusing counsel prior to police interrogations.
[1] In re M.W., 133 Ohio St.3d 309, 2012-Ohio-4538.
Seclusion Rooms in Ohio
For years, Ohio schoolchildren — many of them disabled — have been routinely isolated in cell-like seclusion rooms or physically restrained by educators with little or no oversight from the Ohio Department of Education (ODE). …
For years, Ohio schoolchildren — many of them disabled — have been routinely isolated in cell-like seclusion rooms or physically restrained by educators with little or no oversight from the Ohio Department of Education (ODE). Click here to learn more about the problem of seclusion and restraint in Ohio.
In 2013, ODE finally took the important step of creating draft rules to govern the use of seclusion and restraint in Ohio Schools. These draft rules are a step in the right direction, but they do not go far enough.
On March 12, 2013, the ACLU of Ohio delivered testimony to the Ohio State Board of Education, asking for a number of revisions to the draft rules. These revisions would make the rules more specific, and apply them to charter schools as well as traditional public schools. Click here to read our testimony, along with the testimony of other child advocates.
Removal of Children from Families
Child welfare agencies perform an important task by evaluating potentially dangerous living situations, and protecting children who may face immediate harm. However, a 2011 Cuyahoga County case in which a young boy was taken from his mother’s care by child …
Child welfare agencies perform an important task by evaluating potentially dangerous living situations, and protecting children who may face immediate harm. However, a 2011 Cuyahoga County case in which a young boy was taken from his mother’s care by child protective services because he was morbidly obese raised serious concerns regarding the government’s ability to remove children from households.
The ACLU and other advocates believe that children should only be removed from households when their health and well being is in eminent danger. While obesity may be a long term health risk, the child was not suffering any problems that necessitated immediate removal from his mother’s care. The child was in treatment for minor health problems, and enrolled in a wellness program.
The ACLU and Cuyahoga County Public Defender represented the mother in the case In re K.W. The court ruled the mother should regain custody of the child, and continues to monitor his weight loss and expose him to programs that will help stimulate wellness.
Read the ACLU’s docket item on In re K.W.
Social Media and School Safety
In February 2012, a student opened fire on other students at Chardon High School in northeast Ohio. Three students died in the attack, and two others were seriously wounded. In the aftermath of the attack, schools and law enforcement around …
In February 2012, a student opened fire on other students at Chardon High School in northeast Ohio. Three students died in the attack, and two others were seriously wounded. In the aftermath of the attack, schools and law enforcement around the region began to punish students for insensitive, sarcastic, or offensive remarks they made on social media sites like Facebook and Twitter.
The ACLU strongly condemns the use of violence and notes that true threats of violence are not protected under the First Amendment. However, many students and adults were punished for expressing opinions that may have been inflammatory or insensitive — but are not illegal. One such case occurred in Painesville, where the ACLU spoke out on the punishment imposed on the defendant, which included a yearlong prohibition against using social media.