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INDIANA

Social workers refuse to disclose allegations

Based only on an anonymous tip of "possible child neglect," social workers from the Jackson County Office of Family and Children (OFC) contacted Mr. and Mrs. Bailey, demanding to enter their home and interrogate their child. When the Baileys asked about the allegations against them, the social workers refused to provide any details.*

The Baileys immediately called Home School Legal Defense Association. Even though a new federal law states that social workers must inform families of the allegations against them, the social workers would not reveal the Baileys' allegations, even to our legal department. HSLDA followed up with several letters to the attorney for the Office of Family and Children, but the social workers stubbornly refused to cooperate.

Finally, the social workers gave the Baileys an ultimatum: either surrender their child for an interview or face court action. The Baileys decided to stand on their Fourth Amendment rights. In response, the social workers' attorney filed a motion with the court to force an interview with the child. Even in this motion, the OFC did not disclose the content of the anonymous allegations.

HSLDA quickly opposed the motion, pointing out that without any know-ledge of the allegations the court would have to rule blindly on whether to grant a warrant. We argued that the constitutional right to due process requires families to be informed of the factual basis for allegations against them so they can prepare for their hearing. Indiana law recognizes both the right to due process and the fact that anonymous tips are not sufficient cause for a court to issue a warrant. Under state law, when the social workers' attorney filed the motion, he should also have filed a statement of facts explaining the allegations.

Apparently realizing that OFC was losing this battle, the social workers' attorney finally called HSLDA and revealed the nature of the anonymous tip. After discussing the allegations with our member family, we discovered that a stranger had misinterpreted some perfectly innocent behavior. Armed with the facts, the Baileys were then able to quickly resolve the matter with the Office of Family and Children.

County to amend bogus rule

On the Greater Clark County School Corporation website, there is a list of rules for unaccredited schools/homeschools. The first rule states:

It is the duty of the parent to report annually to the school corporation the status of any child attending an unaccredited school/home school, to include the child's name and date of birth, the parent(s) name(s), the school name, address and telephone number.

This rule has no legal foundation. The Indiana Code does not require homeschool parents to report annually.

When Home School Legal Defense Association confronted school officials about this, they responded that the website was under construction, and all the rules were to be revised and updated. We appreciate their willingness to bring the list of rules into conformity with state law, and will follow up to make sure the website is indeed updated.

— by Scott A. Woodruff