Visits by Officials

The following information is general in nature and is not legal advice. Laws and procedures vary by state and by circumstance. This overview is intended to provide general information about common constitutional protections.

Families are sometimes visited by school officials or reported to child protective services (CPS) due to a misunderstanding about homeschooling. When this happens, it is important to understand your constitutional rights.

If a CPS investigator, truant officer, police officer, or other official comes to your home, there are several rights that you have:

Right to privacy in your home

The Fourth Amendment protects the privacy of your home and your right to be secure in your person, houses, papers, and effects. If officials seek to enter your home, the Fourth Amendment generally requires that they first obtain a warrant from a judge, unless a recognized legal exception applies. Your children also have constitutional protections.

Right to identify the official

You are entitled to request the official’s name and title. Government officials acting in their official role will typically provide this information upon request.

Right to information about the allegations

Disclosure requirements vary by state. If the investigation relates to child abuse or neglect, states that take federal funds are subject to the Child Abuse Prevention and Treatment Act (CAPTA), which requires investigators to disclose the allegations early on in their investigation. You may request information about the allegations against you at any point during a visit.

Warrants and entry

If officials seek to enter your home and state that they have a warrant, you may request to see it. Warrants are issued by a judge and should describe what entry or search is authorized.