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September 6, 2006

Homeschool Escapes False Child Abuse Allegations

On Sunday afternoon, July 2, a member homeschool family from Kansas was enjoying a restful day. Suddenly, their nightmare began.

A social worker had received an anonymous tip that the family was physically and sexually abusing their children and was now on their doorstep demanding entry and to interrogate their children—with a deputy sheriff!

The family immediately called the Home School Legal Defense Association hotline for help and attorney Tj Schmidt responded. He kept the social worker and deputy out of the home and away from the kids.

A few days later, the social worker tried a new tactic. She crossed county lines and visited the grandmother’s home where two of the homeschool family’s children were visiting.

The Grandma let the social worker in but did not let her interrogate the children. She called her son who then did a three-way call with HSLDA Senior Counsel Chris Klicka.

Attorney Klicka advised the father and grandmother of their rights and told the social worker the same. The allegations were completely false.

The social worker kept insisting on interviewing the children, but Klicka would not allow it. The social worker finally left, but claimed she would return to the family’s house.

At Klicka’s advice, the family took their children to both a doctor and a counselor to prove that their children were unharmed. In addition, Klicka had the family supply the social worker with names, phone numbers, and letters from individuals who vouched for them being good parents.

Klicka then sent a letter to the social worker explaining that the family was a good family, and that someone was simply using the system to abuse them. Klicka outlined the family’s Fourth Amendment rights in regards to not letting the social worker into their home or to individually interview their children. He assured the social worker that the family would stand on their rights and would refuse entrance in to their home. He also reminded the social worker that she had enough evidence through the doctor’s notes and letters to close the case.

At the end of August the social worker finally sent the family a letter that the case was closed and the allegations were unsubstantiated.