Mom Suing Over 5-Year-Old Daughter's 'Strip Search' Is Being Ridiculous

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If you found out your 5-year-old had been "strip searched" at school without your permission, no doubt you would be livid. Probably angry enough to sue. And one mom is. Mother Brandy Madden was horrified to find out that the school's nurse had strip searched her daughter without telling her and has filed a lawsuit citing "emotional distress and suffering, humiliation, and embarrassment" and is asking the school to pay for all past and future medical bills for her daughter. There's just one problem. Her daughter totally needed to be strip searched!

The little girl was reportedly born with congenital herpes, which is passed along from mother to baby during birth or sometimes even before, and the school had to check for lesions, which can be contagious. Additionally, the special needs girl wore a diaper and could not "self-toilet" and needed to be changed.

The mom knew all of this before she enrolled the girl in school -- she even told the school how to check for lesions -- and yet she still expected to be called every single time they had to do it?

Okay, perhaps the school could have taken more precautions. Perhaps they should have made sure the mom knew each and every time they diapered the girl or checked her for lesions or treated her lesions -- but c'mon, the mom KNEW this was the care the girl required. She found a school willing to give this care. And then she turns around and sues them?

There are disabled people in care homes all the country over who are regularly "strip searched" for diaper changes, checking for bed sores and other skin issues, and hygiene, and family members are not called every time it happens. Of course, those are adults, so this situation is a bit different, but if you wanted to know each and every time you kid had her diaper changed or lesions checked, then you should have made that abundantly clear.

This lawsuit just smacks of being an opportunist. Since the girl was not molested, and I very much doubt that either she or her mom were "humiliated and embarrassed" to the point of needing cash to soothe their humiliation, an apology and a direction on how to proceed would have been sufficient.

Instead, mom is seeing an opportunity to saddle the school with all of this child's medical bills, past and future. Insane.

Do you agree with the mom?


Image via Danielle Mohler/Flickr

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D.j. Lord

for once kiri is right

wamom223 wamom223

Kiri did you not even read the link you gave us.  Apparently the doc's said she wasn't contagious and it sounds like that isn't even a factor since they had to change her diaper anyway.  Why in the world would they allow a 5 year old into Kindergarten that isn't potty trained?  And why in the world would you be okay sending them to Kindergarten without that skill?  But if all that happens how the hell are you gonna get mad when they have to strip her down to changer her?  So now the school district has to use funds to defend themselves from her possibly taking resourses away from the school children?  They should sue her for negligence parenting.

aeneva aeneva

This should have all been addressed in a 504 and if the school was stupid enough to not have one shame on them.  If they did and it was written correctly and they followed it then the mother has no grounds and the case will get thrown out.  If there is one and they didn't follow what THEY said they would do then yes she has every right to sue.  Too much information lacking to make a judgement IMHO from this article.

Tyson Fricker

Kiri - Please grow a brain. There's a huge difference between diapering and performing a genital exam. Are you really this stupid or are you just pretending to be?

LeeshaE LeeshaE

@ Tyson can't you read or is your vocabulary level that low she wrote "congenital herpes" Congenital means a disease or abnormality present at birth. FYI congenital herpes doesn't have to be on your private parts.

Tyson Fricker

@Leesha - Are you really this stupid, too? Read the actual article. 

keelh... keelhaulrose

If I were diapering a child and thought I saw something in their genital area I would, without a doubt, take a closer look. I did it all the time during diaper changes at the daycare. I'd check for diaper rash or possible injury as a cover my ass procedure, I didn't want a strange injury in that area to go by unnoticed and have an accusation against me, or to leave a rash untreated.


The rest of the body is iffy, but save for the torso a routine diaper change could explain having visual on most of the body. And if there's a lesion in one place it would be reasonable to check for lesions elsewhere. She's a nurse. She wants to help monitor the situation, to see if the lesions are getting worse or better.

Jessica Vogt

Still not an excuse! They should have something worked out knowing when she is getting checked so that her mother can be present every single time! As far as suing for a preexisting condition.... IGNORANT!

nonmember avatar marie

um..dr says shes not contagious..no reason to search her. Mom says removing childs clothes to search...not always neccessary for diaper change...school admits to searching her for these NON CONTAGIOUS lesions without parental consent...this is not the part that has me wondering...the part that bothers me is the schools saying...."....child was used to these diaper changes so had a diminished expectation of privacy..."...does this mean if you do something with a child that does know any better that its ok cuz child didnt know you were actually doing something wrong ?????

Tamara Keil Mazurkiewicz

Why is she at school when still not toilet trained? Sounds like the mother isn't very good at what she's supposed to be doing. The mother should have had to go into the school to change her own child's diaper everytime and therefore could have been present for the exam.

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