Teaching Paganism


Legalities of Teaching a Minor

Many people are investigating the religion of Paganism today. There are many books and such available, yet after some self study, there are some folks who would like to meet and perhaps work with a teacher personally. This can be a rewarding learning experience - or it could turn out to be your worst nightmare...

MINORS AND THE CRAFT...

There is much concern, and rightfully so, about the legal issues surrounding the acceptance of minor students into a Pagan training or teaching program. Here are some points to ponder as aids to both teachers and the minor students who may wish to study Paganism.

Laws exist that protect the parent/child relationship from the undue influence of outside parties. Probably no Pagan wants to have his/her child secretly taught another religious Path without their knowledge. While Pagans may be more open to allowing, or even encouraging, their children to explore other faiths and religious studies than some of the practitioners of the "mainstream' religions, not all parents welcome the intrusion of an unknown outside party into an area that they may consider "family business." The legal system supports this right of parental custodianship.

None of the material presented in this section should be construed as legal advice. This is for educational and informational purposes only. Contact a law office or the District Attorney in your state for more information.

PARENTAL PERMISSION:

For the Teacher:

1. Many teachers accept minor students with parental permission. I would suggest that you get a written permission slip and then have that permission confirmed either by telephone or with a face to face meeting with the parent. Some teachers even require that the parent be present in the classes. Some teachers will not accept minor students under any circumstances.

2. Never be alone with a minor student. Always have another adult and preferably another student in the room at all times. Unfortunately, claims of abuse have been brought against adult teachers by minor students or their parents. Some have been reported to the police. Private lessons with minor students should be avoided!

3. Never advise a minor student to go against a parent's wishes. If you choose to place yourself between parent and child, remember, the legal system protects this relationship most vigorously.

NOTE: (From a child custody case law suit:)-"When a parent has sole custody, that parent has full and complete authority over all decisions regarding the welfare of the child. The parent having sole custody has the legal right to make all decisions regarding the child, including those relating to health, education, religious and disciplinary matters."

4. Get the home address, phone number and emergency contact numbers for every student. You should also have the name and number of the hospital of choice, doctor's phone number, etc. You are responsible for that minor while he/she is in your class and you should be prepared to act responsibly in case an emergency occurs. Have access to a phone.

For The Minor Student:

1. Never lie about your age. If you are a minor, you may get an innocent teacher in a lot of legal trouble. If your parents will NOT give you permission to study Paganism, there is plenty that you can do on your own. If your parents are still dead-set against it, you will just have to be patient. Eventually we all get older.

2. Lying to your parents will do nothing to change their negative attitude about Paganism, but acting maturely and openly about your interest in it may. They are concerned about your welfare. They are really not trying to "ruin" your life, but to protect you the best way they know how.

3. Never be alone with an adult teacher. Always have another adult AND another student with you. This eliminates misunderstandings and makes everyone feel more comfortable.

4. Be open with your parents and show them the materials from the class. Encourage them to call the teacher if they have questions. Make sure your parent has the teachers' phone number and knows the address of where you are meeting. Have access to a phone.

5. Do be aware that the concerns expressed here may be some of the reasons that many teachers are reluctant to even consider instructing a minor student. These concerns are very real legal issues. So do not think that teachers simply are blowing off the minor seekers or that they are "looking down" on you because of your age. They're not. Teachers may or may not agree with these laws, but they are acting as responsible adults in a society that has enacted the laws to protect children from potentially harmful situations.

ON-LINE TEACHING...

For The Teacher:

1. The same rules apply to teaching on-line as in the physical world when it comes to parental permission. You can direct a minor who is requesting information to other web sites, books selections or references. This information can be accessed by anyone surfing the web-and as long as it is not pornographic or otherwise illegal-you incur no legal responsibility in doing this.

But as soon as you enter into a personal e-mail correspondence, you ARE potentially liable for the information that you are sending a minor. DO BE AWARE that many law enforcement officers are surfing the web posing as minors and looking for potential "abusers". Be very careful.

2. Know who you are talking to. Anyone can state any personal information that they wish while on the Internet. There is no way to verify that this information is accurate. Again, there are "traps" being set by law enforcement personnel, so being overly cautious is not a bad idea.

3. Never give out your home phone number or personal address. Get a Post Office Box if you have the need for correspondence.

4. Do not try to counsel minors on-line. Direct them to a community service or hot line in their area. Not only can you get in trouble with parents, you can be charged with operating without a medical license. In a real emergency (suicide threat or child abuse), contact a police department for further instructions on how to proceed.

5. There are often instructions made to public school students in guidelines and brochures on "What to do" if they are being abused, and other topics. Often these brochures state "Tell your clergyperson or minister". Many teachers of Paganism are also legal clergy. But unless you are a trained psychological counseling and the parent knows that you are counseling their child, do not try to handle these situations yourself. Again suggest other alternatives and resources.

For The Minor Student:

1. Never give out your home address or phone number. Unless included in a permission slip signed by your parents and the teacher. This done by your parents, never by you and with the full knowledge of both parties regarding the results of the disclosure of information. Namely your safety and of course the protection of the teacher.

2. Protect yourself. Never agree to meet alone with someone who contacts you on-line. This can be very, very dangerous.

3. If your parents do not know that you are interested in Paganism, tell them. If you can't tell them, don't try to "sneak around". You can access information over the Internet, but don't try to hide e-mail correspondence. If your parents find it one day, not only may you be in BIG trouble, but you may have caused problems for someone else as well. Some on-line teachers have received very disturbing mail from parents who have discovered an email correspondence.

4. Your parent may be concerned that you have established a relationship with someone that they do not know anything about. News stories of Internet relationships "gone wrong" are making some parents very cautious in the area of the Internet and their children. They are trying to protect you. Cut them some slack; be reasonable and they may come to understand your position.

The Age of Majority

The following list gives the legal age of majority in the various states and Canadian provinces. The goal is a complete world list, so needless to say - this list is not complete as yet. If you have further information, please contact (PaganHPS@aol.com) so I can include it here.

UNITED STATES:

Alabama - 19, No modifications.
Alaska - 18.
Arkansas - 18 or when child graduates from high school.
California - 18; unless child still in high school, then on 
graduation or 19th birthday which ever occurs first.
Connecticut - 18.
D.C. - 21 years of age, or at the point the minor is self 
supporting through marriage, employment, or military service.
Delaware - 18.
Florida - 18.
Georgia - 18.
Hawaii - 18.
Idaho - 18.
Illinois - 18.
Kansas - 18.
Kentucky - 18, 19 if attending high school
Louisiana - 18: unless emancipated earlier by notarial act, 
marriage or judicial determination: if child is still in 
high school, then age 19, or upon graduation from high school, 
whichever occurs first.
Maine - 18.
Maryland - 18.
Massachusetts - 18.
Michigan - 18.
Minnesota - 18. With a person's 18th birthday come most of the 
rights, privileges, responsibilities, and obligations of adulthood. 
These rights include the right to vote, the right to make contracts, 
the right to marry without permission from parents or guardians, 
the right to purchase a firearm, and the right to serve on a jury.
Mississippi - 21
Montana - 18; or earlier if married, in the military, or fully 
financially independent of custodial parent.
Nebraska - 19
New Hampshire - Age if Majority: 18 (FULL CIVIL RIGHTS)
New Mexico - 18; however, a 16 year old may be emancipated by having
entered into valid marriage or active duty in armed services or by 
receiving declaration of emancipation pursuant to court petition and
order showing he/she is living apart and managing his/her own affairs.
Nevada - 18; 19 if still in high school.
New York - 21; NY has no statute with respect to emancipation; issue 
is decided on case-by-case basis; emancipation can take place before 
21, if appropriate court so decides. 
Ohio - 18 or graduated from high school, whichever occurs later.
Oklahoma - 18.
Oregon - 18; 21 if in school half-time or more.
Pennsylvania - 18 and out of high school.
Puerto Rico - 21 years of age, or whenever minor is self-supporting 
through marriage.
Tennessee - 18; unless child is still in high school; in such cases 
emancipation occurs when child graduates from high school or when 
class child is in when he/she reaches age of majority.
Utah - 18, or child graduates with high school graduating class.
Vermont - 18.
Virginia - 18 or a full-time high school student, not self-supporting, 
and living in the home of the parent, until the child reaches the age
of nineteen (19) or graduates from high school, whichever comes first.
Washington - 18, Except as otherwise specifically provided by law, all 
persons shall be deemed and taken to be of full age for all purposes 
at the age of eighteen years.
Wisconsin - 18 and graduation from high school, or 19 years of age, 
whichever is sooner.

CANADA-AGE OF MAJORITY BY PROVINCE:

Alberta: 18. British Columbia: 19. Manitoba: 18. New Brunswick: 19. Newfoundland: 19 Northwest Territories: 19. Nova Scotia: 19. Ontario: 18. Prince Edward Island: 18. Quebec: 18. Saskatchewan: 18. Yukon Territories: 19. AUSTRALIA: 18

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