LEGAL/LEGISLATIVE UPDATES
ACROSS THE STATES

GEORGIA

Neglect charges threatened

A Georgia Family and Children Services agent recently knocked on a Home School Legal Defense Association member family's door to investigate an unusual allegation. An anonymous tipster had complained that the Carson* family had raw sewage on their property. But the social worker insisted on more than checking around the yard for sewage—she wanted to enter the home, obtain each child's Social Security number, and interview each child. Mr. and Mrs. Carson refused and contacted HSLDA's emergency hotline.

HSLDA Attorney Christopher Klicka called the social worker back on her cell phone, letting her know that she had no right to do anything except investigate the specific sewage complaint.

He arranged a second visit for the social worker to come and look at the property. At that time she found no evidence of raw sewage, but still insisted that the law required her to interview the children, receive their Social Security numbers, and enter the dwelling—or she would take them to court.

HSLDA quickly wrote the social worker a letter establishing the Carsons' Fourth Amendment right to be free from unreasonable searches and seizures when there is no probable cause.

About this time, the family left for a previously scheduled vacation. When they returned, they found a message indicating that their case was going to be in court at a date while they had been gone on vacation.

HSLDA immediately contacted the Georgia Family and Children Services attorney. She indicated that there indeed had been a hearing and that the judge refused to grant a court order without probable cause, the lack of which HSLDA had already pointed out to the social worker.

Despite the judge's clear-cut decision against the child neglect charge, the social worker left another message on Mr. and Mrs. Carson's answering machine, claiming that they were in big trouble and again threatening to bring charges against them. HSLDA recommended the family ignore the woman's unnecessary harassment. We reminded the social worker that the family had cooperated fully and therefore she should close the investigation. Thankfully, the Carson's case is now closed.

— Christopher J. Klicka