HSLDA recently helped two families in Indiana who faced CPS investigations.

In both cases, investigators insisted they needed to interrogate the children without another family member present, despite a lack of evidence the parents had done anything wrong. When parents resisted, CPS obtained court petitions compelling the parents to comply.

Thanks in part to HSLDA’s involvement, the court petitions in each case were eventually dismissed. These situations illustrate why HSLDA continues to advocate for homeschooling families when their Fourth Amendment rights come under assault.

“Your ability to homeschool faces serious jeopardy if government agents can enter and inspect your home any time they want,” HSLDA Litigation Director Peter Kamakawiwoole explained. “That’s why our defense of the constitutional right for families to be safe and secure in their homes will always be an important aspect of what we do.”

With them all the way

HSLDA assisted the Riley family throughout the process—our attorneys are always available to take calls from members during their initial contact with CPS investigators or other law enforcement officials. (Name changed to protect the family’s privacy.)

Whether we can continue to represent families as their cases progress through the legal system depends on several factors. One important consideration is the nature of the allegations and how closely connected they are to homeschooling.

The Riley family came under scrutiny because an anonymous report accused them of failing to provide an adequate education for their children through homeschooling.

Unfair comparison

The Rileys began homeschooling when their oldest child (who is now 20) reached kindergarten age. Several of the Riley children have dyslexia, and CPS investigators wanted to scrutinize their reading abilities.

Our attorneys successfully alleviated this concern by showing that under Indiana law, homeschools operate as private schools. And though private schools are required to provide instruction equivalent to that given in public schools, state officials do not have the authority to define what constitutes “equivalent instruction.”

For the Rileys, this meant their children had to be assessed according to their own ability. Besides, noted John,  recently his children have shown marked improvement in their reading.

Defending their rights

As for the overall course of the investigation, John said it was characterized by unwarranted aggression on the part of officials—who also failed to show adequate concern for the family’s civil rights. For example, he was told on more than one occasion that the state would assign his children an advocate to help them voice their own interests in court. That never happened.

During the initial visit by a CPS investigator, John and his wife allowed the official to view their home but declined private interviews with the children. HSLDA typically recommends this type of limited interaction with investigators upon first contact, especially if officials do not have a court order.

The reason for this guidance, explained Kamakawiwoole, is because CPS investigators are burdened with regulations and other bureaucratic concerns that don’t necessarily place the constitutional guarantees of parents at the forefront.

“They are under legal obligations and department policies to conduct investigations in a certain way,” he said. “And they can only work with the information they have about the allegations in a case—which may be incomplete or incorrect.”

Unreasonable request

Investigators in a second Indiana case HSLDA recently helped with were particularly aggressive. CPS contacted the Dunham family about an incident that happened at a public event, which did not directly involve their daughter. (Name changed to protect the family’s privacy.)

Some 18 months after the initial incident occurred, investigators wanted to ask the Dunham’s 6-year-old daughter if she had seen anything (she hadn’t), and insisted they needed to inspect the family’s home as part of their investigation.

When the parents refused, officials applied for a petition to compel the 6-year-old to provide further testimony—which HSLDA ultimately helped get dismissed.

Lingering effects

The Rileys, meanwhile, are struggling to return to the family dynamic they enjoyed before their own encounter with CPS. Even though they were fully exonerated, said John, the disruption, unwelcome scrutiny, and weeks of uncertainty took their toll on parents and children alike.

In his two decades of work as a firefighter and paramedic, John has witnessed the effects of post-traumatic stress disorder. And now, he’s seen evidence of PTSD in his family.

“It’s still very hard for my wife to talk about the investigation,” John said. As for his children, “they are having trouble sleeping.” Some have acted out in negative ways.

An older son, for example, “felt like this was his fault, like he caused it,” John explained. “I had to be purposeful and tell him: ‘This is not your fault.’”

Trying to minimize the residual effects of investigations like these is another reason HSLDA advocates for families in CPS cases, said Kamakawiwoole.

“Having strangers come into your home, question the fitness of your parents, and pry into private matters is, at best, very unsettling for children,” he added. “And when you consider that CPS ultimately dismisses most allegations as unfounded, you have to ask whether requiring investigators to intrude upon family life does more harm than good.”

As the Ninth Circuit explained in Calabretta v Floyd, “The government’s interest in the welfare of children embraces not only protecting children from physical abuse, but also protecting children’s interest in the privacy and dignity of their homes and in the lawfully exercised authority of their parents.”