|| LEGAL/LEGISLATIVE UPDATES
ACROSS THE STATES
"Neglect" case dismissed
We recently reported a Texas Department of Protective and Regulatory Service investigation of the Weed family in Longview based on an anonymous tip that the children were being neglected.
The parents wisely refused to let the social worker* talk to their children. A week later, the social worker came back escorted by a deputy sheriff and demanded private interviews with the children.
Home School Legal Defense Association offered to allow an interview as long as a third person was present. Instead of responding, the social worker obtained a court order to gain entry into the family's home. Providentially, the Weed family was on vacation, and the summons was never delivered.
Upon review of the allegations in the social worker's affidavit to obtain the court order to gain entry into the Weeds' home, HSLDA discovered that the social worker had misstated the facts. We called the social worker's supervisor and worked out an understanding to withdraw the court order if the social worker interviewed the children with the parents present. The supervisor found no evidence of abuse and stated, "This has been a mistake." The investigation has been closed and all allegations have been dismissed. A formal complaint has been issued against the social worker who obtained the court order.
Truancy charge dismissed
Truancy charge dismissed
The Balleza family began homeschooling in the Houston area in March 2003. Even though Mr. and Mrs. Balleza were merely exercising their statutory and constitutional rights and were in full compliance with state law, the family received a summons to appear in court in September to answer for the offense of "parent contributing to truancy."
HSLDA Senior Counsel Christopher Klicka worked with the Ballezas, resulting in dismissal of the case.
Austin truancycase dismissed
After their daughter was assaulted at school, the Frazen family decided in October 2001 to homeschool her. They were homeschooling with an accredited high school program when they received a summons to court for "parent contributing to truancy" and the daughter's "failure to attend school."
After HSLDA's intervention, Austin reset the date for the trial numerous times. The Frazens continued homeschooling during the interim. The case was finally dismissed in October 2003.
Christopher J. Klicka
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