[TX] [TX] Can I hold my daughter’s middle school liable for when she had a mental health crisis and walked off campus to hurt herself?
What is my daughter’s middle school liable for when she had a mental health crisis and walked off a “secure” campus to hurt herself? She was recovered by city police and then placed in a behavioral facility for a week.
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I’m sorry to hear about your daughter’s experience. In Texas, public schools have a duty of care to ensure student safety while on campus. This includes supervising students and maintaining a secure environment. If a student leaves a “secure” campus unsupervised and suffers harm, the school may be liable if it failed to take reasonable steps to prevent it.
Under Texas Education Code Chapter 37, schools must implement safety protocols, secure campuses, and properly supervise students. They also must maintain emergency operations plans, including mental health crisis procedures.
If the school knew about your daughter’s mental health condition and didn’t take proper precautions — such as increased supervision or mental health support — that could constitute negligence. Negligence occurs when a school fails to act as a reasonable institution would under similar circumstances, resulting in foreseeable harm.
To evaluate the school’s liability, consider:
- Prior Knowledge: Did the school know about your daughter’s mental health struggles?
- Security Measures: Were security protocols in place and enforced?
- Supervision: Was she properly monitored, especially given her diagnosis?
- Response Protocols: Did the school follow proper procedures for a mental health crisis?
If any of these reveal lapses in the school’s duty, there may be grounds for legal action.
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What is my daughter’s middle school liable for when she had a mental health crisis and walked off a “secure” campus to hurt herself? She was recovered by city police and then placed in a behavioral facility for a week.
I’m sorry to hear about what your daughter went through. Can you tell me more about the specific circumstances that led to her walking off campus?
She was diagnosed with severe depression and said she was under a lot of stress due to testing that week. She walked almost two miles and went to a random house to ask for help before she hurt herself.
Has your daughter experienced any mental health issues prior to this incident?
None.
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your daughter’s situation.
Yes.
Hello! I’m Andres Sanchez, an expert in education law. I’m here to help you navigate your daughter’s situation and make sure she gets the support she needs. What state are you in?
Texas.
I’m sorry to hear about your daughter’s experience. In Texas, public schools have a duty of care to ensure student safety while on campus. This includes supervising students and maintaining a secure environment. If a student leaves a “secure” campus unsupervised and suffers harm, the school may be liable if it failed to take reasonable steps to prevent it.
Under Texas Education Code Chapter 37, schools must implement safety protocols, secure campuses, and properly supervise students. They also must maintain emergency operations plans, including mental health crisis procedures.
If the school knew about your daughter’s mental health condition and didn’t take proper precautions — such as increased supervision or mental health support — that could constitute negligence. Negligence occurs when a school fails to act as a reasonable institution would under similar circumstances, resulting in foreseeable harm.
To evaluate the school’s liability, consider:
- Prior Knowledge: Did the school know about your daughter’s mental health struggles?
- Security Measures: Were security protocols in place and enforced?
- Supervision: Was she properly monitored, especially given her diagnosis?
- Response Protocols: Did the school follow proper procedures for a mental health crisis?
If any of these reveal lapses in the school’s duty, there may be grounds for legal action.
They also did not offer any resources after my daughter was an inpatient.
I’m very sorry to hear that.
They also wanted to discipline her for leaving campus — which she wasn’t supposed to be able to leave from — during her mental health crisis. What type of local lawyer do I need?
You should look for a Texas education law attorney with experience in:
- School negligence and liability,
- Student rights,
- Personal injury involving minors, and
- Civil rights violations (if applicable).
Some attorneys practice in both education law and personal injury, which may be ideal — especially if you’re considering a claim for negligence in supervision or failure to provide adequate mental health support.
I’ll start looking for that then. We also met with the school district superintendent and assistant superintendent, but all we were able to do was notify them of the incident. They didn’t offer any mental health support for my child, only said they’d talk to the principal.
That’s terrible. They should absolutely be doing more to support your daughter after such a serious incident.
I’m glad I could provide you with some guidance. I truly hope everything works out for you and your daughter.
Andres Sanchez
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