Legal / Legislative Updates

ILLINOIS

Family Faces Never-ending Investigation

In June 2007, the Shapiro family (name changed to protect family’s privacy) of McHenry County received an unexpected visit from the Illinois Department of Children and Family Services.* The visiting caseworker told the family that they were the subject of an “ongoing” investigation. When Mrs. Shapiro asked what the allegations were, the caseworker refused to tell her, simply stating that she needed to speak with the children. Mrs. Shapiro then called Home School Legal Defense Association so that the caseworker could talk with Senior Counsel Christopher Klicka, who represents HSLDA’s Illinois member families, but the caseworker left just as Mrs. Shapiro was about to hand her the phone.

Apparently the visit was prompted by an anonymous tipster who had witnessed a verbal argument between Mrs. Shapiro and her daughter at a grocery store. When the family arrived home after the incident, three police squad cars were there to greet them. At that time, Mrs. Shapiro talked with the police for approximately 10 minutes and the police also spoke with the children in Mrs. Shapiro’s presence. They found no problem.

However, now, one month later, the caseworker began repeatedly contacting the family in order to continue the investigation. After being contacted by the Shapiros again, Klicka informed the caseworker that the law mandated that she explain the allegations to the family. He further educated her on the 4th Amendment rights of the family and told her that they would not allow her to enter their home or privately interview their children. Klicka also talked with the family and told them to have their family doctor and longtime friends send letters of recommendation vouching for their character and innocence to the caseworker.

Another month went by. Finally, the caseworker told Klicka she would drop the investigation if she could see that the children were safe. Klicka agreed to the terms, and the caseworker subsequently returned to the Shapiro home, viewed the children, and left. The case was then closed and the family has been left alone.

—by Christopher J. Klicka