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Legal Concerns in Michigan for Home Schooling Families
hslda ^ | 05.24.02 | hslda

Posted on 05/24/2002 10:17:33 AM PDT by Registered

Legal Concerns in Michigan for Home Schooling Families

For a number of West Michigan Home Schooling families, this update will be
old news. A number of us attended the INCH Convention this past weekend in
Lansing. Among the many encouraging speakers, was a presentation by attorney
David Kallman from Lansing. Mr. Kallman informed us of at least two cases
that have come up in the last two weeks where home schooling families have
been either harassed or arrested for home educating their children ... in
Michigan! One case involves a family in the Traverse City area where the
mother was handcuffed and taken in, and the other is in Grand Haven.

Those of us who have been involved in this movement for many years, we can
still remember the anxiety we felt when we heard of those around us who were
contacted by local school officials, or by Protective Services looking into
allegations related to their home schooling. As Mr. Kallman said on
Saturday, it's been many years since there have been any such cases. Now, to
have two crop up in just the last 2 weeks raises the level of concern.

I ask you to read the letter we have received from the Grand Haven family
with prayerful consideration as to how you might want to respond. One
response which I would strongly suggest is to join Home School Legal Defense
Association. The annual $100 membership fee gives you complete legal
coverage should your family face similar legal problems. It is well worth
the investment. The second response would be to commit to pray for the
Talsma family and consider giving a special gift to assist them with the
doctors fee and help with HSLDA membership. They have applied to HSLDA for
an "emergency application consideration." If they are accepted, their
membership will cover the remainder of their legal expenses.

Thank you for prayers and concern.

Home School Building

<><><><><><>

Our Family has been accused by Childhood Protective Services of
homeschooling, not immunizing, and eating a vegetarian diet. We were given a
surprise visit on Monday (April 29th). It seemed to get worse shortly
thereafter when attending the "State requested" doctor visits. The children
were drilled in ABC's and labeled developmentally delayed by the same office
that had given them a clean bill of health in February so that they could
attend school. This was a direct attempt by the doctor to slander us and
homeschooling.

Upon counsel we returned to the doctor office, paid the bill and requested
all copies of these doctor visits to be given to us and that no copies were
to be released to anyone else. The doctor office immediately called the
State, who called our home phone # and stated that there was nothing to be
concerned about and they were faxing over release forms for information at
the doctor's office. Attorney David Kallman had us call the doctor's office
and re-state that at no time had we given release of these documents. We
have also put this in writing.

Homeschool Legal Defense has been notified and several groups have taken our
case personally.

We have attempted to answer the questions/accusations of the State in a
quiet and simple manner - yesterday again clearly showed the destructive
attempts of the State's interference - upon the family as a unit, upon
personal health choices, and how we desire to raise our children. We
appreciate your prayers and support.

Sincerely,
Lisa Talsma

www.hslda.org



TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Government; News/Current Events; Politics/Elections; US: Michigan
KEYWORDS: governmentintrusion; homeschooling; homeschoollist; mea; michigan
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I guess we've got to stop winning the Spelling and Geography Bees, then they would leave us alone.
1 posted on 05/24/2002 10:17:33 AM PDT by Registered
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To: Registered
bttt
2 posted on 05/24/2002 10:31:38 AM PDT by Registered
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To: 2jedismom
Bump for your HS ping list
3 posted on 05/24/2002 10:32:54 AM PDT by ShadowAce
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To: Registered
"I guess we've got to stop winning the Spelling and Geography Bees, then they would leave us alone. "

It really puts the state in a bad light when the home-schooled kids trounce on the public educated kids.

4 posted on 05/24/2002 10:35:11 AM PDT by Kerberos
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To: Lizavetta; wasp69; cantfindagoodscreenname; BallandPowder; wyopa; joathome; Momto2...
Just a reminder that we need to remain ever vigilant.
5 posted on 05/24/2002 10:37:48 AM PDT by 2Jedismom
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To: *Homeschool_list
Check the Bump List folders for articles related to and descriptions of the above topic(s) or for other topics of interest.
6 posted on 05/24/2002 10:49:10 AM PDT by Free the USA
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To: Registered
Our Family has been accused by Childhood Protective Services of homeschooling, not immunizing, and eating a vegetarian diet. We were given a surprise visit on Monday (April 29th). It seemed to get worse shortly thereafter when attending the "State requested" doctor visits. The children were drilled in ABC's and labeled developmentally delayed by the same office that had given them a clean bill of health in February so that they could attend school. This was a direct attempt by the doctor to slander us and homeschooling.

Upon counsel we returned to the doctor office, paid the bill and requested all copies of these doctor visits to be given to us and that no copies were to be released to anyone else. The doctor office immediately called the State, who called our home phone # and stated that there was nothing to be concerned about and they were faxing over release forms for information at the doctor's office. Attorney David Kallman had us call the doctor's office and re-state that at no time had we given release of these documents. We have also put this in writing.

Mistake: Surprise visit? Not without a search warrant signed by an appropriate judge.

Mistake: Took kids to "state requested" doctor visits? Never. Take them to a doctor suggested by a knowledgeable anti-CPS Attorney or by a trained Family Advocate. And never agree to any "demands" of the agents of the state unless they have a court order signed by an appropriate judge. CPS agents do not have the authority to demand that you do anything.

Mistake: Children's medical files? You should have a letter in each of your children's medical files stating clearly that under no circumstances will any information in the file be released to any agent of the state without your specific, written permission. And that anyone releasing any such information from the file will be held personally liable.

They did the right thing by getting HSLDA involved. However, I don't believe that they initially followed the advice HSLDA would have given them.

7 posted on 05/24/2002 11:03:23 AM PDT by Spiff
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To: Registered
I guess we've got to stop winning the Spelling and Geography Bees, ...

and provide UNSAFE CONDOM EDUCATION

8 posted on 05/24/2002 11:18:39 AM PDT by let freedom sing
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To: Spiff
Sounds to me that they were learning along the way. Maybe they fell prey to the illusion that we have freedom without having to fight for it...in any case, the state needs to be emasculated if they can bully mothers but can't find bodies...
9 posted on 05/24/2002 11:30:13 AM PDT by =Intervention=
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To: Spiff;Registered
Bump
10 posted on 05/24/2002 11:55:04 AM PDT by EdReform
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To: 2Jedismom
Thank you, 2Jedis; we might be moving to MI in the future, so this was quite interesting to read! Vigilance is the key word.

God bless Dobson for calling on people to remove their children from the public schools!! May the homeschool movement grow by leaps and bounds! Pray hearty, warriors!

11 posted on 05/24/2002 2:13:27 PM PDT by Constitution1st
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To: Spiff
I have my kids trained to go to their room when the doorbell rings and stay there until I tell them to come out. I was having trouble with them dashing out the front door whenever I opened it. Now,

1. When bell rings, the kids go to their room.
2. I look out the peephole.
3. If it's someone I know, and want to see, I open the door.
4. If it's someone I don't know, but they are in a electric company uniform or something, I shout through the door, asking what they want!
5. If it's someone I don't know and they don't have any visible ID, I don't answer the door at all.

Even my friends know to call before dropping by. The only people that can get away with just dropping by are my parents. When the "coast is clear" the kids come out of their room and I heap all kinds of praise on them for doing what they're supposed to do in that kind of situation. We practice it just like a fire drill!

We seldom go in the front yard with the kids because the street is really busy out there and the back yard is surrounded by a privacy fence. I feel very confident that there will never be a "surprise visit" to my house. If any organization wants to come over to my house, they'll need to make an appointment with me and my attorney, or get bent.

12 posted on 05/24/2002 2:28:12 PM PDT by 2Jedismom
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To: 2Jedismom
Excellent thinking.

L

13 posted on 05/24/2002 2:37:10 PM PDT by Lurker
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To: Lurker
And don't think it's because I'm paranoid or anything...it's more a case of what's good manners. It's just not good manners in my opinion, to drop by someone's house that you don't know. And it's sure not good behavior for my kids to be running around when I open the front door, distracting me from what I am dealing with at the door!

I have actually had salemen come to my door during the day and see me looking out the window at them. They shout through the door "Can I speak with you?" to which I respond "No."

(grin)

14 posted on 05/24/2002 2:47:39 PM PDT by 2Jedismom
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To: 2Jedismom
I have a *no soliciting* sign near my door...in good view of folks walking up the path. Amazing to learn how many people don't know what soliciting means.

We've never had a visit from CPS or law enforcement. I file the necessary form each October and go on our way. I hope that process will continue.

The NEA is running scared. They're desperate and are attempting to make homeschoolers very uncomfortable in most states.

15 posted on 05/24/2002 3:54:26 PM PDT by homeschool mama
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To: 2Jedismom
"it's more a case of what's good manners."

There are so few people in this world who appreciate how important good manners are to a society. It's a real gift to meet someone who appreciates them.

Of all the things my wife and I are attempting to instill in a seven and a half year old boy, good manners are number one on the list.

Regards,

L

16 posted on 05/24/2002 5:25:29 PM PDT by Lurker
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Comment #17 Removed by Moderator

To: 2Jedismom
Is that really an issue?

I was homeschooled thru most of grade school, switched to a public highschool (they're pretty decent around here).

Many of the teachers, when they learned that my sister and I were homeschooled, were intrigued. I have yet to meet someone actually hostile to the homeschooling, and I live in liberal NY. I know many skeptics (heck, I'm sorta one myself), but no one hostile.

And I know many NEA memebers.

But then, an argument based on anecdotal evidence is not especially strong.

18 posted on 05/24/2002 7:36:46 PM PDT by jude24
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To: Registered
Sounds like CPS is performing a fishing expedition.
19 posted on 05/24/2002 8:37:59 PM PDT by Slyfox
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To: jude24
Is that really an issue?

Unfortunately, it is to some people. They lose a lot of money when people pull their children out of goverment schools.

20 posted on 05/24/2002 8:41:36 PM PDT by Slyfox
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