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ACROSS THE STATES

Texas

Two cases dismissed

In Austin, outlandish charges by an anonymous tipster triggered an automatic Child Protective Services (CPS) investigation of an innocent Home School Legal Defense Association member family. The caller accused Mr. and Mrs. Conroy ^* of neglect because the children "all homeschooled" and because their 14-year-old could not "read, write, or spell," did "all the cooking," and provided all the care for the other children. Other creative allegations included assertions that one child had the mental capacity of someone half her age, another child could not read or write, and two had major medical problems.

When the Conroys called HSLDA, we provided CPS with evidence from both a doctor and a teacher that these allegations were completely bogus. The social worker, however, was not satisfied and insisted on seeking a court order to interrogate the children separately at the local child abuse center. Regardless of the trauma further investigation would cause, the social worker seemed intent on forcing the family to cooperate "her way." Even the prosecutors were hesitant to file a court order, but they finally gave in under pressure from CPS.

HSLDA attorney Tom Sanders represented the Conroys in court and dissuaded the judge from granting the social worker's request. Instead, the judge allowed the social worker a short interview with the children in the presence of a family friend (a law enforcement official) who could keep the questions on topic. CPS soon dropped the investigation.

In Dallas County, the Heigel ^* family withdrew their child from school in early fall in order to homeschool. This January, the family received a court summons charging them with "failure to attend school." The charges read that the child "unlawfully, intentionally, knowingly failed to attend school for three or more days within a four week period." The family had no idea what prompted these charges, but the school district rebuffed their requests for an explanation.

Attorney Tom Sanders negotiated with the district attorney, declaring that the family had the right to homeschool, and the charges were promptly dismissed.

— by Christopher J. Klicka