Legal / Legislative Updates

IDAHO

Three Police Officers and a Caseworker Intimidate Homeschooler

In September, a Home School Legal Defense Association member family received a surprise visit from three police officers and a social services caseworker.*

Concerned for her children’s safety, Mrs. Mitchell (name changed to protect privacy) declined the officials’ demand for entry and quickly called HSLDA for help. Upon HSLDA’s advice, she asked what the allegations were, but the police officers and caseworker would only tell her that they came to investigate “child abuse.” This refusal violated an Idaho statute, which HSLDA helped enact, requiring a caseworker to “advise the individual of the complaints or allegations made against the individual at the time of the initial contact.”

After the police and the caseworker viewed the children briefly at the front door, they left, threatening to return with a search warrant.

At the advice of HSLDA Senior Counsel Christopher Klicka, the Mitchells faxed the caseworker several letters from individuals in the community who vouched for their good parenting and a letter that reiterated there is no domestic violence occurring in their home. Along the way, the family also discovered that the accusations came from a relative who was using the child welfare system to retaliate against them.

Klicka quickly fired off a letter, informing the officials of the statutes they had violated during their initial contact with the family, expressing the family’s disapproval of being traumatized by such a visit, and affirming the family’s innocence.

Klicka explained that, since the children had already been seen and were obviously not abused, and since the family had already sent several letters vouching for their good parenting, this case should be unfounded and closed. Klicka’s letter also informed the caseworker that the family would stand on their Fourth Amendment right that protects them from government officials’ unwarranted intrusions and would not allow him entrance into their home.

Since the caseworker received more than enough evidence to close the family’s case and was apparently concerned with the mishandling of the visit, he has not returned Klicka’s phone calls, responded to Klicka’s letter, or returned with the threatened warrant.

— by Christopher J. Klicka