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OKLAHOMA

"Not cooperating" is not a crime

On the evening of July 9, 2004, a Home School Legal Defense Association member family in Tulsa County heard a knock at their door.* It was a social worker, who insisted that he must enter the home and interview the children. The mother immediately called HSLDA and spoke with Senior Counsel Christopher Klicka.

Klicka asked to speak to the social worker via phone, but the social worker refused. Immediately Klicka began instructing the mother on her rights, giving her statements to relay to the social worker. When the social worker realized that the mother would not give in to his threats, he called the police.

The three police officers who responded to the call seemed reasonable, so with Klicka's assent, the mother allowed them to enter the home. After finding no support for the allegations against the family (which had included "bare wires" throughout the house, "dust covering the interior of the house," and "laundry piled up"), one officer commented, "Your house is cleaner than mine!" Concluding that the allegations were bogus, the police left.

The following Monday, Klicka sent a letter informing the social worker that he had clearly exceeded his authority and violated the family's civil rights, thereby making himself personally liable. Klicka also requested that the social worker communicate with HSLDA rather than with the family.

The next day, the social worker called the family directly, insisting that they bring their 10 children to his office to be interviewed away from their parents. Klicka called the social worker and told him that the family would not be coming. He then called the social worker's supervisor to explain that the family's 4th Amendment rights prohibited the social worker from entering the home. Nor did the family want to have their children interviewed by this hostile social worker who had repeatedly threatened to remove their children.

The supervisor replied that policy prevented him from talking to lawyers. When Klicka explained that the allegations against the family were completely false and the tip was made maliciously, the supervisor indicated that it didn't matter. "It is our policy that we must interview the children and come into the home," he said. The supervisor ended the conversation by saying he would turn the matter over to the prosecutor in order to obtain a court order.

"What would be the charge?" Klicka asked.

"Not cooperating," responded the supervisor.

"Not cooperating is not a crime," replied Klicka. "The family is not required to cooperate by law."

Klicka then contacted Tulsa County Prosecutor Tim Harris, who agreed with HSLDA's position and assured Klicka that the investigation would not result in a court hearing. The family has been protected from further harassment.

Regrettably, a significant portion of HSLDA's legal work concerns similar situations. The threat from social services is significant and individuals remain hostile to homeschooling, but HSLDA continues to stand between them and your family.

— by Christopher J. Klicka

* See "HSLDA social services contact policy".

Mall security stops homeschooler

While shopping at Heritage Park Mall in Midwest City, a Home School Legal Defense Association member allowed her son to shop on his own for a period of time. A mall security guard, assuming that the boy was unsupervised, approached him and required him to accompany the officer until the boy's mother could be found.

After finding the mother, the guard told her that it was unlawful for a child to be in a public place during school hours without an adult present. The guard was wrong. There is no such state law or Midwest City ordinance.

HSLDA Attorney Scott Woodruff sent a letter to the mall manager asking for assurance that this would not happen again. The manager assured both the family and HSLDA that the situation would not recur and apologized for the guard's mistake.

— by Scott A. Woodruff