Home School Heartbeat Radio Program

Before a social worker investigates a family, he or she must have "probable cause" of some wrongdoing. Mike Smith discusses this on today's Home School Heartbeat.

Mike:


Joining me this week has been HSLDA's litigation attorney Jim Mason. Jim, the social workers investigating the Stumbo family did not have "probable cause" to enter their home although they tried to get in. Tell us what is "probably cause" is and why it's so important?


Jim:


Mike, "probable cause" is a legal concept that's familiar in the criminal context. And it simply means that before a police officer or social worker or other government worker can get a search warrant to come into your home they must demonstrate, based on all of the credible evidence, that more likely than not crime or abuse or neglect has actually occurred. That means that they have to rely on evidence that is more compelling than an anonymous tip. An anonymous tip is the least credible of all evidence and it certainly wouldn't be enough for a police officer to get a search warrant and it's not enough for a social worker to get into a home either.


Mike:


Well, thanks Jim for giving us insight into these child abuse and neglect investigations by social workers especially as applicable to the 4th amendment. And until next time, I'm Mike Smith.