Social Worker Takes Issue with the U.S. Constitution

Home School Legal Defense Association ^ | November 26, 2001

[Tai_Chung]

Recently, an Illinois social worker sent Home School Legal Defense Association an e-mail that perfectly represents the perspective of too many child protective service personnel. The attitude revealed in the e-mail--when put into practice--would open thousands of innocent families to unnecessary trauma. Instead, HSLDA believes, we ought to trust parents to do what is right for their families.

The social worker wrote:

I recently read your article re: the “invasion” of home-schoolers’ homes by social workers. I believe you have created a very erroneous picture of a seriously troubling situation.

First of all, you should know that each State has its own laws re: the handling of child abuse. In the state where I practice as a licensed clinical social worker, mandated reporters of abuse . . . must report the suspected abuse first, then tell parents.

Investigators (usually State employees) must interview children in the absence of parental influence so that the children’s statements are not “coerced,” are [not] spoken out of fear of parental retaliation, or are [not] “coached” . . . Your article completely misses the point: where minor children are in potential danger, warrants and court orders do not apply.

Unfortunately, many government officials agree with this dangerous view that denies--often on the basis of an anonymous tips--the most basic constitutional protections to parents. Statistics show that most allegations are completely unfounded, subjecting innocent families to unnecessary and often traumatic investigations.

HSLDA believes that true child abusers should be prosecuted to the full extent of the law. The wrongdoing of a few should not compromise the freedom and constitutional rights of the rest of American citizens who are considered innocent until proven guilty.

HSLDA desires to assist and advise our members in every contact with a social worker and/or police officer in investigations resulting from allegations of abuse or neglect. If home schooling is an issue, we will represent our member families until the issue is resolved.

[skeeter]

Of course social workers can be trusted to never, ever coach or coerce answers from children.

[JRandomFreeper]

warrants and court orders do not apply.

When warrants and court orders don't apply, I would consider myself in a lawless anarchy, and would be morally justified in defending myself against any lawless person who would try to violate my God-given rights.

/john

[HEY4QDEMS]

But...but it's for the children. /sarcasm

[Sunshine Sister]

My thoughts exactly. If any old person can hint there is child abuse, is there any thought of investigating the accuser first to see if he or she is legitimate?

I think the right to defend ones property and demand that the letter of the law regarding warrents be followed regardless of the situation. I bet this same social worker has "coached" many a child in her career.

[martin gibson]

oh, great...

Hey, welcome to Free Republic...

[Tai_Chung]

[Warhammer]

For real? Wow!

I'm surprised that she didn't come back with a deputy sheriff or police officer to grab your kid, citing that your son was in danger due to the presence of attack dogs and firearms in the house.

Maybe I'm just paranoid (but just because I'm paranoid doesn't mean that they're not out to get me!)

[ChemistCat]

Oklahoma has had many prominent child abuse cases--maybe you've heard of little Shane Coffman, beaten to death and stuffed in a freezer. But our state government took a sensible approach that reins in the child protective services people. The legislature passed and Governor Keating signed a resolution that explicitly stated that it is legal to spank children here. In fact, it seems to be ENCOURAGED. Frankly, I don't know how anyone dares try to raise a child in Massachusetts or any of those liberal places. I would think you'd have to live in full-time fear of a disgruntled teacher or an annoyed neighbor tearing your life and home apart at any moment.

[Sonny M]

This isn't funny, I had a social worker come see me as a kid thinking I was abused. We got into an arguement with me saying I wasn't and she (bitch) saying I was. Somone had called my school up and told my principal that I was abused, I did have bruises from playing some football in the street, but this idiot was trying to coach me. These people are to damn dangerious.It was funny seeing a 10 year old cursing at a social worker, and her yelling back.

[JRandomFreeper]

I think the right to defend ones property and demand that the letter of the law regarding warrents be followed regardless of the situation.

Yep. The US is, gladly, still a land of laws. The very liberal 9th Circuit Court even upheld that state actors need a warrent to search, regardless of whether it was CPS or law enforcement.

/john

[Phantom Lord]

The NC Supreme Court and then the US Supreme Court are going to settle this once and for all in short time. The Stumbo family in NC are homeschoolers. A CPS worker showed up at their home one day to investigate a report of child abuse and demanded access to the home and children for private questioning. The Stumbo's requested to view the search warrant. The CPS worker did not have one and said he/she did NOT need one. The Stumbo's stood their ground.

Well, the Stumbo's lost. Access was granted. But the Stumbos did NOT give up. They contacted the HSLDA and fought it in court. Well, the wisdom of the NC courts has determined that CPS workers are NOT agents of the state, not bound by the 4th amendment and DO NOT need a warrant to enter a persons home! The NC Court of Appeals agreed, but a disenting vote sent it straight to the NC Supreme Court.

The NC Supreme Court will rule on this some time in the near future. Regardless of the outcome, I believe that the loser will appeal to the SCOTUS and then it will be settled once and for all.

Imagine that, a court saying that CPS agents, employees of the state, are NOT agents of the state and not bound by the 4th amendment!

[KC_Conspirator]

Social workers are idiots. Its one of the easiest majors to complete.

[Phantom Lord]

Makes no sense to me either. But what do you expect from liberal judges. Luckily the republicans won control of the State Supreme Court in the last elections. Lets hope they are up to the task.

[The Westerner]

Please keep us updated as the case progresses.

[Free the USA]

FYI