Home School Heartbeat Radio Program

Does an unwarranted private interview of a minor child by a social worker violate a parent's Fourth Amendment rights? Chairman Michael Farris discusses a case in point on today's Home School Heartbeat.

Mike Farris:


Earlier this year the North Carolina Supreme Court heard HSLDA's arguments on behalf of the Jim and Maryann Stumbo family. Their case began in September of 1999 when the Stumbo's two-year-old daughter, who was half way through the dressing process, ran out in the yard to see their new kitten. A passerby saw the little streaker and called social services to report a case of child neglect.


Though her brother retrieved her after just three minutes, two hours later the Stumbo's heard a knock on the door, and a social worker demanded to enter the home and speak with each child. At HSLDA's advice, the Stumbo's refused entry, though they were willing to be interviewed privately themselves, and with their children. DSS filed a petition alleging "interference with a child abuse investigation."


In the Court of Appeals one of the Justices asked me, "Counsel don't the social workers need to get into this home because they don't know what's going on?" I replied, "Your Honor, that's true but they don't know what's going on in your home either. Not knowing is not enough to get into someone's home. They have to have probable cause."


This case has moved through the North Carolina courts to the Supreme Court and a decision should be handed down sometime this year. The rights of parents to protect their homes and children from social workers bent on investigating rumors received a full hearing. Please pray for God's protective hand in this case. I'm Mike Farris.