Posted on 09/07/2001 6:29:25 AM PDT by SLB
In Lebanon, Missouri, late in the morning of August 2, the Steve B family was suddenly confronted by five law enforcement officials at the entrance to their property. Mr. B called Home School Legal Defense Association for help-fast. Accompanying the county sheriff were two social workers from the Missouri Family Services Division and two criminal investigators, also from the Family Services Division. All five were prepared to enter the home, separate the children and interrogate them privately, and inspect the premises.
HSLDA Senior Counsel Christopher Klicka immediately called the sheriff on his cell phone. His first goal was to convince the sheriff that he had no probable cause to enter the premises. By the end of their conversation, the sheriff agreed that he was there to protect the family's rights. Chris then turned his attention to the criminal investigators and social workers. They were insistent that they be allowed into the family's home to investigate and, standing in the pouring rain, debated the matter with Attorney Klicka via telephone for over an hour. During the course of the conversation, Chris learned that the officials were responding to allegations of social isolation due to home schooling, emotional abuse, and physical abuse-including the claim that the children were chained to chairs and beaten over 250 times as a form of discipline.
Attorney Klicka asked the family simply to go out into their yard and greet the law enforcement officials, allowing them to see that the children were not in any immediate danger. He was then able to convince the officials to leave, promising that additional evidence supporting the family's innocence would be submitted.
Under the advisement of HSLDA, the family obtained a statement from their personal physician indicating that the children were in good health and also a statement from a pastor who visited their home, interviewed the children, and determined that the children were being well cared for.
In the meantime, the family received a letter from a deputy juvenile officer requesting that they bring their children to the courthouse to be interviewed. Although the letter indicated this conference was voluntary, it threatened that "failure to attend may result in a petition being filed with the court." Attorney Klicka negotiated with the deputy juvenile officer and faxed her the statements from the doctor and pastor and other individuals who had vouched for the family, convincing her that there was no probable cause to seek a court order.
After lengthy negotiations with the social worker, she backed off from further demands to see the children. Within the next few weeks, the family received a letter from the Family Services Division indicating that the report was "unsubstantiated," and the case was closed on August 20. The family has been allowed to peacefully continued their home schooling.
This is more than just scary - it is a call to actively work against this type of heavy handed government who has an obvious disregard for Constitutional rights unless met with equal force - legal or otherwise.
This is not my family but I'm feeling much anger over this blatant invasion. They (family) have to provide "evidence" that they are NOT abusing their kids?
Insane
My question in a situation like this is what happens to the psycho that made the outrageous claims? Does the family have any recourse against this unnamed accuser?
We have had to call on them once in the past 13 years. Well worth the money to have the peace of mind. A few of the rules for our home:
During the day we keep the screen doors hooked so that any "visitors" cannot "invite" themselves in.
We keep HSLDA's phone number magnet on the door frame.
No children are allowed to answer the door at any time.
Cordless phone is handy to call HSLDA. This allows the phone to be passed outside so that HSLDA can talk directly to whoever is at the door.
As I said, in 13 years we have had to do this one time and that was one time too many.
I bet this family feels like they have dodged a bullet.
The founder of HSLDA has started a college targeted toward Home Schoolers.
Michael Farris is the founding President of Patrick Henry College. He was named one of the most significant 100 "Faces of the Century" in education by Education Week newsmagazine. Farris is also a professor of Government at PHC, teaching constitutional law. He has argued constitutional cases in the United States Supreme Court, six of the United States Circuit Courts of Appeal, and in the appellate courts of twelve different states. He has been one of the leading social conservative activists on Capitol Hill for nearly twenty years.
Farris received his Juris Doctorate and was an honors graduate of Gonzaga University School of Law in Spokane, Washington, where he won the Linden Cup Moot Court Competition and was the Articles Editor of the Law Review. He graduated magna cum laude from Western Washington University (formerly Western Washington State College with a degree in political science.
Mike and Vickie Farris have been married since 1971 and have ten children. They have been home schooling since 1982, which led Farris to found the Home School Legal Defense Association in 1983. He served as HSLDA's president from 1983-2000. He continues as HSLDA's Chairman and General Counsel, a part-time role that allows him to devote the bulk of his time to Patrick Henry College.
Farris has written three novels, one of which was a bestseller in the Christian Booksellers Association. He has also written five general interest non-fiction books on parenting, home schooling, and grassroots politics. His high school textbook on constitutional law is in its fourth printing, and his college text on the same subject is in production.
Farris is also an ordained Baptist minister, a long-time girls softball coach, and (most proudly) a grandfather.
Though I haven't heard of very many cases like this here in Virginia, it's still a good idea to go proactive, I think. Thanks for the post.
Oh look. They misspelled "compound".
Every reasonable allegation must be investigated. And an accuser can be charged if the allegation is bogus but that's awfully hard to prove. How do you prove someone didn't chain their kid to a chair?
Since when do we have to PROVE OUR INNOCENCE...don't THEY have the burden to PROVE GUILT?
They take kids and get paid by the HEAD, just like the I44 Cattle auction Barn here in Cuba...
I know "foster" parents getting paid "by the state"...that OUGHT to be KEPT by the state in our prison in Jefferson City!
It is a HUUUUGGGE disaster waiting to happen (waco)...
What if...
There was no help for them by that GREAT attorney? What if there was a stand off or shots fired, because if it WAS me....
NO one would be taking my kids, period!
`Seems ANYONE can submit a report of abuse to these nazi's and here they come ready or not, and if you HOME SCHOOL.... well...that PROVES you're "anti-social", doesn't it?
Grace of GOD is right...
Please help us all!
You are describing a FORT!
Or a prison...
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