San Bernardino, CA asked in Juvenile Law and Education Law for California

Q: My underage son's school let him donate blood during school hours without sending any kind of permission slip home.

My underage son's school let him donate blood during school hours without sending any kind of permission slip home for the parents or guardians to sign. Is this legal ?? Could I sue them ??

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2 Lawyer Answers

A: A person must be 17 years of age to donate blood without parental consent.

A school is not a proxy for a parent and the organization drawing the blood from your minor is legally responsible if it drew a blood donation from your child without your consent if your child was younger than 17.

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James L. Arrasmith
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A: In California, schools are required to obtain written consent from a parent or guardian before a student can donate blood. If the school allowed your underage son to donate blood without your consent, they may have violated state law.

You may have legal options to hold the school accountable for their actions, including the option to file a complaint with the school district, the California Department of Education, or a civil lawsuit. However, the specific procedures and requirements for pursuing such claims vary by jurisdiction, so it is recommended that you consult with a licensed attorney who can advise you on your legal options.

It is important to document any communication you had with the school regarding your son's blood donation, as well as any documentation or evidence related to the incident. This documentation can be used as evidence in any legal proceedings.

Overall, if you believe that your son's school violated state law by allowing him to donate blood without your consent, it is recommended that you seek legal advice to determine your options for pursuing justice and holding the school accountable.

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