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In September, the Mitchell family (named changed to protect privacy) received a surprise visit from three police officers and a social worker.

The scared mother declined their demand for entry but quickly called the Home School Legal Defense Association hotline for help. She inquired about the allegations, but the police officers and social worker would only tell her that they were there to investigate “child abuse.” They violated the Idaho statute, which HSLDA earlier had helped enact, which requires social workers 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 social worker saw the Mitchell children briefly at the front door, they left, but threatened to return with a warrant. Klicka quickly fired off a letter to these officials, informing them of the statutes they already violated during their initial contact with the family, expressing the family’s disapproval of being traumatized by such a visit, and vouching for the family’s innocence.

The Mitchell family, at the advice of Klicka, also faxed several letters from individuals in the community who vouched for their good parenting and reiterated that there is no domestic violence occurring. The family discovered that the accusations were made by a relative who was using the child welfare system to retaliate against them.

Klicka also explained in his letter that since the children had already been seen and were obviously not abused, and since several friends had written letters attesting to the Mitchells’ good character, the case should be considered unfounded and closed. Klicka’s letter also informed the social worker that the family would be standing on their Fourth Amendment right that protects them from government officials’ unwarranted intrusions, and would not be allowing him entrance into their home.

The social worker has not returned Klicka’s phone calls, responded to his letter or returned with the threatened warrant.

HSLDA Social Services Contact Policy

We desire to advise our members in every contact with a social worker and/or police officer in investigations resulting from allegations of abuse or neglect. If homeschooling is an issue, we will represent our member families until the issue is resolved. On Fourth Amendment unreasonable search and seizure issues, HSLDA will advise our members whenever the privacy of their home is violated by forced or coerced entry for the purpose of an unsubstantiated investigation. HSLDA membership benefits do not extend to court actions resulting from non-homeschooling matters. However, in circumstances where there is a clear violation of the Fourth Amendment, HSLDA may, as we have done in the past, choose to take the case in an effort to establish legal precedent.