Found Deceased TX - Samuel Olson, 5, Houston, 27 May 2021 *ARREST* Thread #2

[txyorkiemom]

There were questions asked regarding why mom couldn’t just find her child by her own volition answered in her attorney’s interview, besides what we know about the legal system failing to protect and enforce her right to her child.
Samuel missed more school than we realized while with his dad/fiancé, even before his last day, Apr 30, at his most recent school before his murder.
I don’t understand what’s up with schools, even years ago they required the other parent’s address/phone number to register, my ex in another state received every report card even though I had primary custody. In San Antonio, now my grandchild has all school correspondence emailed to both parents.
When hiding a child, for whatever reason, school is the often first thing to be disrupted. It’s a big red flag, it happens in so many cases.

‘Too many holes in that story’: Attorney speaks on behalf of mother of missing 5-year-old Samuel Olson
BBM
According the her attorney, Gonzalez:
When S and D divorced, the custody agreement placed the child with the mother, which has not been modified since 2019.

S hasn’t been able to get in touch with D or the grandmother.

Samuel went two months without going to school before being taken to another school in Jersey Village.

Yes , the school enrollment files will be easily accessible by SO Attorney's if need be. I'm wondering what legal documents were actually turned in or presented for the multiple schools. Moo

 

[Inthedetails]

Yes , the school enrollment files will be easily accessible by SO Attorney's if need be. I'm wondering what legal documents were actually turned in or presented for the multiple schools. Moo

I'm wondering if the school required certain info, a person couldn't just lie about it. Do school go into records and actualy verify. I don't know.

I have a friend whose mom was anti-vax and submitted false medical records to the school that were never caught as false. That was back in the 1970s so things might have tightened up in the several decades since, especially with determining who is eligible to remove a child from school. Are records just as tight for enrolling a child? Who checks that info submitted is actually correct? And what would be done about it if caught?

jmo

 

[txyorkiemom]

"Students who are experiencing homelessness are to be enrolled immediately. Districts cannot require students experiencing homelessness to provide proof of residency, immunizations, birth certificates, guardianship documents, or any other sort of required paperwork before enrolling. Requiring missing paperwork or any other delay to enrollment is a violation of the McKinney-Vento Act."

Texas Education for Homeless Children and Youth (TEHCY) Program | Texas Education Agency

"The McKinney-Vento Act provides rights and services to children and youth experiencing homelessness, which includes those who are: sharing the housing of others due to loss of housing, economic hardship, or a similar reason; staying in motels, trailer parks, or camp grounds due to the lack of an adequate alternative; staying in shelters or transitional housing; or sleeping in cars, parks, abandoned buildings, substandard housing, or similar settings."

McKinney-Vento Act: Quick Reference

BBM and <moo>

Oh wow ... Renarde the Ole Mckinney- Vento Act huh? I definitely can see that happening
but Ouch that's like laying out the king and queen
But let's see what the house is holding

 

[txyorkiemom]

I'm wondering if the school required certain info, a person couldn't just lie about it. Do school go into records and actualy verify. I don't know.

I have a friend whose mom was anti-vax and submitted false medical records to the school that were never caught as false. That was back in the 1970s so things might have tightened up in the several decades since, especially with determining who is eligible to remove a child from school. Are records just as tight for enrolling a child? Who checks that info submitted is actually correct? And what would be done about it if caught?

jmo

FALSIFICATION OF ENROLLMENT DOCUMENTATION

• Under Section 37.10 of the Texas Penal Code (Tampering with Governmental Records) any person who knowingly falsifies information on a form required by the district for enrollment of a student commits an offense that carries monetary as well as possible criminal liability. That person is liable for the maximum tuition fee the District may charge [see FDA] or the amount the District has budgeted per student as maintenance and operating expense, whichever is greater.The District retains the right to investigate the validity of any documents submitted for enrollment.

More on the State Statues
PENAL CODE CHAPTER 37. PERJURY AND OTHER FALSIFICATION

 

[Inthedetails]

FALSIFICATION OF ENROLLMENT DOCUMENTATION

• Under Section 37.10 of the Texas Penal Code (Tampering with Governmental Records) any person who knowingly falsifies information on a form required by the district for enrollment of a student commits an offense that carries monetary as well as possible criminal liability. That person is liable for the maximum tuition fee the District may charge [see FDA] or the amount the District has budgeted per student as maintenance and operating expense, whichever is greater.The District retains the right to investigate the validity of any documents submitted for enrollment.

More on the State Statues
PENAL CODE CHAPTER 37. PERJURY AND OTHER FALSIFICATION

Good info! But do the schools actually check? Especially for kindergarten, which isn't mandatory in TX. I'm not blaming the schools, just wondering if they actually go through every student's record to verify them. Seems like a huge job. There are penalties for falsifying info, but penalities only work if they falsification is actually caught.

I honestly don't know. I don't mean to derail the thread as my personal interest is on the actual perp, who has been caught and is behind bars, not on the school records. I can see how records could fall through the cracks.

jmo

 

[kshultz06082]

I have a hard time reconciling the fact that he has yet to be arrested.

Immunity if he was only involved after the fact?

Good witness for the prosecution since he knows all the who, what, when and where? Jmo

 

[txyorkiemom]

Here is more on the last District forms that would be needed under the family's in transition that would need to be assessed from a quick glance.
Families in Transition (FIT) Program :: Cypress-Fairbanks Independent School District

 

[renarde]

Interesting.
I’m not an attorney but it looks like all you need under FERPA to overrule a custody order is a PO, or to just apply for one, and schools will help you hide a child from a custodial parent, the only people not eligible for a school’s help hiding a child are those who have had their parental rights revoked by a court.
It’s my understanding that a temporary PO is fairly easy to get, you just need to convince a judge you are afraid of someone, but again, I’m not an attorney, this is only what I’ve been told.

A few things from a download linked at the McKinney-Vento Act site:
Privacy and Homelessness: A Technical Assistance Tool

FERPA requires schools to give full rights to either parent, unless there is a court order, State statute, or legally binding document relating to such matters as divorce, separation, or custody that specifically revokes these rights. 34 CFR §99.4

• If the student changes schools, consider routing records to the new school through the state department of education, so an abuser cannot follow the records to find the student.

• Keep in mind that the time frame for complying with a request to review an education record is up to 45 days (34 CFR §99.10(b)), so if a parent is in the process of obtaining a restraining order or fleeing an abuser, the school may allow victims time to seek help and safety prior to releasing the records.

Just my opinion, and respectfully, but schools don't help hide children from custodial parents.

McKinney-Vento helps provide services and stability to many children in Texas schools... especially during this pandemic.

We don't know what kind of documentation, if any, was presented to the schools to register little Samuel.

JMO, but school, any school, was probably the best and safest place for Samuel to be in the last year or so of his life.

<moo>

 

[Inthedetails]

Just my opinion, and respectfully, but schools don't help hide children from custodial parents.

snipped

Of course not. That would be illegal, unethical, and harmful.

Questioning how the paperwork works in a school situation does not mean people think the school did something to help hide the child. I hope we can trust each other enough not to assume others think that.

jmo

 

[katydid23]

snipped

Of course not. That would be illegal, unethical, and harmful.

Questioning how the paperwork works in a school situation does not mean people think the school did something to help hide the child. I hope we can trust each other enough not to assume others think that.

jmo

I totally agree that the schools would never agree to hide a student from the custodial parent.

However, if a new set of laws creates loopholes, making it possible for dishonest parents to do so, the schools might have their hands tied. JMO

 

[NCTeacher]

Good info! But do the schools actually check? Especially for kindergarten, which isn't mandatory in TX. I'm not blaming the schools, just wondering if they actually go through every student's record to verify them. Seems like a huge job. There are penalties for falsifying info, but penalities only work if they falsification is actually caught.

I honestly don't know. I don't mean to derail the thread as my personal interest is on the actual perp, who has been caught and is behind bars, not on the school records. I can see how records could fall through the cracks.

jmo

<modsnip: Discussing removed posts or moderation is not allowed>

Anyways, I've worked in several schools. In my experience, schools will take the documents, add notations at the front desk/online platforms about the custodial arrangements and file the paperwork. If there were any red flags, then maybe then the papers might be investigated, but generally, no they aren't automatically scrutinized and investigated--at least in my experience. I would suppose the way that falsifying records is caught is when the other parent locates his/her missing child and his/her attorney views the students' records and finds the falsified documents.

 

[txyorkiemom]

<modsnip: Discussing removed posts or moderation is not allowed>

Anyways, I've worked in several schools. In my experience, schools will take the documents, add notations at the front desk/online platforms about the custodial arrangements and file the paperwork. If there were any red flags, then maybe then the papers might be investigated, but generally, no they aren't automatically scrutinized and investigated--at least in my experience. I would suppose the way that falsifying records is caught is when the other parent locates his/her missing child and his/her attorney views the students' records and finds the falsified documents.

Thank you NCTeacher !! I appreciate this information. Somehow I wish there would be a preventative mechanism into the districts alert system if there were a match of the missing or a Court order .
I'm just spitballing ideas here
MOO ..

 

[renarde]

Thank you NCTeacher !! I appreciate this information. Somehow I wish there would be a preventative mechanism into the districts alert system if there were a match of the missing or a Court order .
I'm just spitballing ideas here
MOO ..

Raptor is used in a lot of schools:

“Custody issues and legal orders are more and more common. Raptor notifies us of those situations instantly, and that helps us keep it all under control,” said Brenda Richmond, Director of Management Information Systems at Austin Independent School District (Texas) [...]"

Raptor Technologies, the Leader in School Safety Software Solutions, Supports Partnerships in Nearly 50 Percent of the Nation’s Top 100 Largest School Districts

 

[Inthedetails]

<modsnip: Discussing removed posts or moderation is not allowed>

Anyways, I've worked in several schools. In my experience, schools will take the documents, add notations at the front desk/online platforms about the custodial arrangements and file the paperwork. If there were any red flags, then maybe then the papers might be investigated, but generally, no they aren't automatically scrutinized and investigated--at least in my experience. I would suppose the way that falsifying records is caught is when the other parent locates his/her missing child and his/her attorney views the students' records and finds the falsified documents.

Thank you for that real-life information. That is what I expected, that the school office is not an investigative unit unless something flags concern. (This is not a criticims of schools, just to be clear. Quite the opposite.)

jmo

 

[txyorkiemom]

Some readers of this case may wonder why the topic in this section is turned toward discussion of school enrollments. This actually is very relevant.
IMHO If only at least 1 of the multiple schools had been flagged and alerted once the child's information was input into the district system it would alert the school, their resource officers, attorneys, custodial parent, court locator for immediate process serving. In addition this precious boy would have been safe and protected. MOO
For reference I am submitting this quote of the article and link again. TIA and MOO
Rbbm

"The Houston Police Department does not enforce custody orders. "It is a civil matter," department spokesman Victor Sendies told Inside Edition Digital. "Anything civil, we don't enforce those. It has to go through the court system."

Allred said Sarah Olson had tried multiple times to serve the boy's father with court orders, only to find Dalton Olson had moved. Samuel had been enrolled in multiple school districts as his dad changed locations, Allred said, something the mother's attorney also told local reporters in recent days."
​

A Look at Sarah Olson's Fight for Her Son Samuel Before His Death

 

[windrower]

That’s the incident when she desperately tried to get her child back from his father when he was in contempt of a court order and already several months into hiding the child after a weekend visitation.
Unfortunately, it was to no avail because custody court orders are a civil matter that cannot be enforced if the non custodial parent hides the child from the court, and now he’s dead.

Why isn’t it a criminal matter to kidnap a living child you have no legal right to have in your custody?

 

[Inthedetails]

Why isn’t it a criminal matter to kidnap a living child you have no legal right to have in your custody?

Cops could probably be busy full time negotiating custody disputes, ykwim?

But, then again, we do see Amber alerts that turn out to be non-custodial abductions so not sure when LE decides when to get involved and when they leave it to family court.

jmo

 

[txyorkiemom]

Why isn’t it a criminal matter to kidnap a living child you have no legal right to have in your custody?

It actually can be expanded to a criminal matter.
Here is such an explanation as listed :
Criminal Consequences
Texas law prohibits certain acts that may involve the violation of a court order for child custody. Texas Penal Code § 25.03 recognizes interference with child custody as a criminal offense punishable as a state jail felony.
A person is guilty of interference with child custody if they take or retain a minor child:

• “when the person knows that the person’s taking or retention violates the express terms of a judgment or order, including a temporary order, of a court, disposing of the child’s custody;
• when the person has not been awarded custody of the child by a court of competent jurisdiction, knows that a suit for divorce or a civil suit or application for habeas corpus to dispose of the child’s custody has been filed, and takes the child out of the geographic area of the counties composing the judicial district if the court is a district court or the county if the court is a statutory county court, without the permission of the court and with the intent to deprive the court of authority over the child; or
• outside of the United States with the intent to deprive a person entitled to possession of or access to the child of that possession or access and without the permission of that person.”

Civil Liability
A parent may also file a lawsuit for monetary damages for liability for interference with a possessory right. Under Texas Family Code § 42.002, “A person who takes or retains possession of a child or who conceals the whereabouts of a child in violation of a possessory right of another person may be liable for damages to that person.”
The Texas Family Code provides that the violation of a possessory right involves “the taking, retention, or concealment of a child at a time when another person is entitled to possession of or access to the child,” which includes orders for conservatorship, possession, or access to a child.
Imo great explanations in these cases that are Texas based , provided by
What Are the Consequences of Violating Custody Orders?

 

[AgeofAquaruis]

It actually can be expanded to a criminal matter.
Here is such an explanation as listed :
Criminal Consequences
Texas law prohibits certain acts that may involve the violation of a court order for child custody. Texas Penal Code § 25.03 recognizes interference with child custody as a criminal offense punishable as a state jail felony.
A person is guilty of interference with child custody if they take or retain a minor child:

• “when the person knows that the person’s taking or retention violates the express terms of a judgment or order, including a temporary order, of a court, disposing of the child’s custody;
• when the person has not been awarded custody of the child by a court of competent jurisdiction, knows that a suit for divorce or a civil suit or application for habeas corpus to dispose of the child’s custody has been filed, and takes the child out of the geographic area of the counties composing the judicial district if the court is a district court or the county if the court is a statutory county court, without the permission of the court and with the intent to deprive the court of authority over the child; or
• outside of the United States with the intent to deprive a person entitled to possession of or access to the child of that possession or access and without the permission of that person.”

Civil Liability
A parent may also file a lawsuit for monetary damages for liability for interference with a possessory right. Under Texas Family Code § 42.002, “A person who takes or retains possession of a child or who conceals the whereabouts of a child in violation of a possessory right of another person may be liable for damages to that person.”
The Texas Family Code provides that the violation of a possessory right involves “the taking, retention, or concealment of a child at a time when another person is entitled to possession of or access to the child,” which includes orders for conservatorship, possession, or access to a child.
Imo great explanations in these cases that are Texas based , provided by
What Are the Consequences of Violating Custody Orders?

Getting down to sorting out all "The he said she said crapola". That's not going to age well. MOO

 

[cvaldez1975]

I’m so glad some media is finally clearly reporting the custody issue.
How can you enforce a court order for child custody if you can’t find and serve the party who is in contempt in order to bring him before a judge?
Then, when she finally found them and desperately slammed into his car in an attempt to get the cops there to enforce her court order, all she got is arrested.
The system failed her, her court order was useless, and on top of all that, on social media people continue to attack and blame her, even putting her in the same category as the killer, while she grieves after she lost her son through no fault of her own.
What a nightmare.
All the worst of worst case scenarios.

“Dalton Olson had eluded court efforts to force him to return Sam to Sarah Olson, who had primary custody of the boy. The father had visitation rights and had failed to return Samuel for more than a year”
“Court records show that process servers over that period of time had been unable to deliver court filings to Dalton Olson.”
"She did try to get police officers involved, but in Texas, the standard answer is 'You have to take it up with the judge”
“The Houston PD does not enforce custody orders. "It is a civil matter," department spokesman Victor Sendies told Inside Edition Digital. "Anything civil, we don't enforce those. It has to go through the court system."

“Custody disputes are particularly hard to resolve because enforcing a judicial ruling is sometimes impossible...what is the point of a court order, if only the judge can enforce it?"
A Look at Sarah Olson's Fight for Her Son Samuel Before His Death

ETA: and then serving her for the dad to get custody after he’s dead is beyond the pale.

i am so glad in CA that police enforce CO's. we had to call them several times in the past, as has my adult step daughter. how frustrating for mom SO.