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Happy ending emphasizes need for changes in law

As reported in the January/February issue of the Home School Court Report, a Springdale family was investigated by social services based on an anonymous tip that the family was not homeschooling.*A social worker had gained entry into the home and interviewed the parents and their 10-year-old son. The Arkansas Division of Children and Family Services (DCFS) determined through the investigation that the family was in full compliance with state homeschool law, but wanted to re-enter the home to further inspect the premises and interview the other two children, one of whom was a freshman at the University of Arkansas. After Home School Legal Defense Association's intervention, DCFS reassessed its investigative procedure and later notified the parents that there was no basis to support the allegation made against the family, thus ending the investigation.

Despite this favorable outcome, the situation is a strong reminder that Arkansas law needs to be changed to protect the constitutional rights of citizens being investigated by DCFS. Of greatest concern is the language of the Arkansas statute authorizing social services to seek an ex parte** order of investigation from the court when a social worker has been denied admission to the home. The significance of this language is twofold. First, Arkansas has a law on the books stating that a social worker has the right to enter a person's home and conduct an investigation merely on the basis of a report made to social services, even an anonymous tip. Not even a trained law enforcement officer has this kind of power in conducting an investigation. Second, if a family denies the social worker entry, social services may obtain a court order without providing any notice to the family or giving them an opportunity to appear in court and be heard. Even worse, the judge does not have to consider whether there is evidence of child abuse or neglect, only that the family would not let the social worker into the house.

HSLDA is working with state homeschool leaders to propose amendments to the law. The proposed language would authorize a social worker to enter the home with the consent of the parent. It would authorize entry without consent when there is evidence that a child is in imminent danger of death or serious bodily injury or when the social worker has a court order. Before a court order could be issued, the parents would have to be given notice of the hearing to obtain the order, offering them an opportunity to appear and present their side of the case. If the judge found that there was probable cause of abuse or neglect, then the order of investigation would be issued. This procedure is consistent with basic constitutional principles protecting the rights of individuals being investigated and also enables a social worker to immediately rescue a child in an emergency without getting permission to enter the home or obtaining a court order.

Arkansas does not have a regular legislative session until 2005. In the meantime, HSLDA and state homeschool leaders hope to gain political support for these needed changes in the law.

— by Dewitt T. Black