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New threat arises

Indiana's Court of Appeals recently created a new threat to homeschool families.

Indiana families understand that failure to comply with the compulsory attendance law can cause significant legal difficulties. They also understand that if they seriously impair or seriously endanger a child's mental condition because of failure to supply necessary education, it may be considered child neglect. Now, homeschool families must be aware of a third threat.

Mindy Hinkley (not a Home School Legal Defense Association member) had homeschooled her son, L.B., since kindergarten. By 4th grade, however, he was a year behind in math and three years behind in reading. Erinn Chapman, L.B.'s adult half-sister, petitioned the Steuben Circuit Court to appoint her as the boy's permanent guardian.

The circuit court ordered a psychologist to test L.B. In the psychologist's opinion, L.B. was behind because Mindy had not used appropriate teaching materials. No expert testified on Mindy's behalf, so other possible explanations for L.B.'s slow progress were not established. The circuit court held that it was in L.B.'s "best interest" to appoint Erinn as his permanent guardian. Mindy appealed, hoping the court of appeals would reverse the circuit court decision.

In a decision that received almost no publicity when it was issued, the Indiana Court of Appeals upheld the circuit court decision. Erinn would continue to be L.B.'s guardian. Mindy lost the power to make decisions affecting her own son's education.

Mindy's lawyers apparently did not assert her constitutional right to control the education of her son. The court of appeals decision did not even mention the United States Constitution. The U.S. Supreme Court has held that judges may not take away a parent's right to make decisions concerning his child simply because it would be in the child's "best interest," but Mindy's lawyers apparently did not argue this point.

This case is a powerful reminder of the importance of membership in HSLDA. Because thousands of families across the country support this organization, lawyers with tremendous experience in constitutional and homeschool law are available to help members, and funds are available to hire the necessary experts. With this new threat to all Indiana families, your membership is more valuable than ever.

The full text of the appellate decision is available at http://www.ai.org/judiciary/opinions/archive/11300401.pds.html.