Legal / Legislative Updates

WISCONSIN

Caseworker Persists In Investigating Family

A Home School Legal Defense Association member family received a visit recently from a caseworker investigating an anonymous tip that the family had a messy, smelly house and no running water.* She added that there were further allegations that she would not disclose at that time.

When the family refused to let the caseworker in, she became very upset and continued to demand entry. Finally, she left, and the family called HSLDA.

Acting on the recommendation of HSLDA Senior Counsel Christopher Klicka, the family offered the caseworker the name of their pastor, who had walked through their house just one day prior to the caseworker's visit. The family told the caseworker that their pastor could testify that the allegations about no running water and a messy house were completely false. But the caseworker refused to take the name of the pastor.

Klicka also advised the family to offer the caseworker permission to get a copy of the custody inspection that had been done earlier in relation to the mother’s divorce case. Again, the caseworker refused the offer.

As a last resort, Klicka had the family offer the caseworker the names of friends who frequented their house and were familiar with its condition, in order that they could legally swear that the house was clean and there were no hazards. But the caseworker refused to take this information, too.

Klicka then sent a letter to the caseworker, asserting that her behavior was not in accordance with the limitations placed on caseworkers by the Constitution, and by Wisconsin statutes of social services protocol. He provided the caseworker with copies of the law which explained the family’s rights and prohibited the kind of behavior that she was displaying. Klicka also told the caseworker that the family would fax the documents they had previously offered, regardless of whether or not they were wanted to prove the family’s innocence.

After receiving Klicka’s letter, the caseworker accepted the faxed documents and stopped badgering the family.

— by Christopher J. Klicka