1999, California | Calabretta v. Floyd
Based on an anonymous tip, a CPS investigator entered Shirley Calabretta’s home without a warrant and strip-searched their 3-year-old child. HSLDA sued and won in a precedent-setting Ninth Circuit Court of Appeals decision that ruled the investigation violated the family’s constitutional rights.
The Calabretta ruling provided invaluable case-law precedent, but 20 years later, the helplessness of being unable to protect her child that day still brings tears to Shirley’s eyes.
2001, New Jersey | North Hudson DYFS v. Koehler Family
An anonymous tip to CPS alleged that the Koehler’s children didn’t wear socks in the winter or sleep in beds. William Koehler knew his Fourth Amendment rights and declined to allow the CPS investigator access to his home or children.
CPS asked the New Jersey Superior Court for an order to investigate, but HSLDA won an emergency stay on appeal. The appellate court ruled the order to investigate the Koelher home was a violation of the law, saying that “…absent some tangible evidence of abuse or neglect, the Courts do not authorize fishing expeditions into citizen’s houses.”
2003, North Carolina | In re Stumbo
Jim and Mary Ann Stumbo were in the middle of their family’s morning routine when two-year-old Jonie saw her kitten slip out the front door and hurried outside to retrieve it. Unfortunately, her parents hadn’t finished getting her dressed for the day.
Although Jonie’s brother quickly scooped her up, CPS received an anonymous report and sent an investigator who demanded to be let into the home to interview each child. When the Stumbos refused, the investigator took them to court. HSLDA opposed the CPS order all the way to the state Supreme Court. It was a unanimous decision that has had important implications for other cases across the years.
2005, Pennsylvania | In Re Petition to Compel Cooperation with Child Abuse Investigation
Susan Gauthier rushed her infant daughter, Isis, to the emergency room one night because she was having trouble breathing. That same night, CPS received a report of "possible medical neglect" of Isis, and an investigation ensued.
Susan and her husband, Rob, did their best to cooperate with social services at the hospital. After interviews with the Gauthiers and several doctors, the investigator found no evidence of medical neglect, but demanded a home visit as well. The Gauthiers declined and called HSLDA for help. CPS took the family to court, but HSLDA fought on their behalf all the way to the state Superior Court, which ruled unanimously that the court-ordered “home visit” violated their constitutional rights.
2017, California | Wilson v. Russo, et al
“CPS just took my children,” the mother said over the phone, her voice shaking. A CPS investigator, with no medical training and without consulting any doctor, had determined her 4-year-old child’s juvenile diabetes wasn’t being well managed. Then she gave the 7-year-old homeschooled son a “test,” which he “failed.” The investigator promptly removed both children from their mother’s custody.
Medical records and a sworn affidavit from the child’s doctor demonstrated that the little girl was receiving the care she needed. And a review of the son’s birthdate demonstrated he was only in first grade, not second, as the investigator had assumed. Once the children were safely returned to their mother, HSLDA sued the investigator, her supervisor, and others involved with the gross mistreatment of this family, and the family was awarded $700,000 in compensation. But money cannot restore the family’s sense of safety.
2019, New York | Acevedo v. New York City Department of Education
Tanya Acevedo withdrew her son from public school to homeschool him. Then a CPS investigator showed up at her apartment and demanded access to her home and children because of an allegation of “educational neglect.” What triggered this visit?
In accordance with the law, Tanya had notified both the school district and the Central Office of Homeschooling. But because of bureaucratic inefficiencies and delays at the central office, her son was not yet counted as homeschooled in their attendance database. Tanya had fulfilled all her legal obligations, but the central office failed to fulfill theirs. HSLDA sued on behalf of Tanya, and the court appointed HSLDA as the official monitor to ensure NYC followed its own laws.
2020, Kentucky | Curry v. Kentucky Cabinet for Health and Family Services
A CPS investigator and a sheriff’s deputy bullied their way into the Curry home, threatening to remove all six children if their mother, Holly, didn’t allow them in. All six children were privately interviewed and strip searched in front of the deputy. All this because Holly had left her children in an air conditioned van while she ran into a bakery for muffins. HSLDA won a federal civil rights lawsuit on behalf of the Currys.
The judge held that the investigator lacked any probable cause for strip searching the children, and was troubled when the investigator testified she believed it should be an automatic part of any investigation for children four or under. “The Constitution protects against that approach to children’s privacy, and no reasonable social worker could think otherwise,” the judge said.
2020, Texas | In re Berryman
A walk-in closet converted into a nursery, a baby crying at naptime, and a mother who knew her rights and declined to allow CPS access to her home and children—these are the reasons CPS asked for a court order to access the home and to remove the children from the home for interviews.
When the county sheriff arrived to enforce the order, HSLDA filed an emergency writ to block the order, because there was no real evidence justifying such an intrusion.
The appeals court issued an emergency stay protecting the family from CPS, and ruled that the Constitution “does not permit a state to infringe on a parent’s fundamental right to make child rearing decisions simply because a state judge believes a ‘better’ decision could be made.”
2024, Texas | In re Pfaff
Just before Christmas, an 8-year-old Texas boy disobeyed family rules and walked to the neighborhood dollar store without permission. Someone spotted him and called the police. The boy was driven home and grounded by his parents.
A short time later, CPS showed up asking for access to the Pfaff’s home and to interview all five children. The Pfaffs declined. Almost two months later, a letter from a local court arrived ordering a search of the homes and for all children to be transported to state offices for interviews.
HSLDA filed an emergency appeal to reverse the order. When the Texas Court of Appeals ordered CPS to stand down and asked for justification for the “emergency” order, CPS dismissed the case.