March 12, 2004
Protecting Parents' Rights from Social Services
HSLDA is committed to protecting innocent families from government actions that would take away their freedoms. One of the most ominous threats to homeschool freedom occurs whenever a social worker appears at the door to investigate allegations of abuse or neglect. While many social workers are caring and professional people, all too many are biased against Christian homeschoolers, improperly trained, or both. This means that each encounter with a social worker must be treated with caution.
HSLDA has become increasingly skilled at protecting the procedural rights of families during child abuse and neglect investigations. Ohio's laws, regulations, policies, and procedures for child abuse or neglect investigations are complex, and vary from county to county. Some counties are very good about investigating allegations fairly, reaching conclusions quickly, and notifying parents of the results. Others are notorious for making threats, making mistakes, and refusing to follow their own rules. When the Walsh family was coerced into allowing social workers into their home, they responded with a federal civil rights lawsuit against the state. The federal district court judge ruled in 2003 that Ohio families are protected by the Fourth Amendment to the US Constitution, and ruled against the social workers. The tide has begun to turn in Ohio as a result.
One county with a long history of problems is Summit County, which has been under significant scrutiny by the Akron Beacon Journal. In an article entitled "CSB says letters backdated," (Tuesday, March 9) the Beacon Journal reports that the Summit County Children's Services Board admitted that it backdated overdue letters to parents, despite longstanding agency policy which prohibits this action. HSLDA has dealt with this same issue in other counties. State law permits a family to appeal an adverse decision by social services within 30 days. When parents receive a letter indicating child abuse or neglect 30 days after the date printed on that letter, there is reason to suspect government misconduct. Summit County claims that they backdated letters because they had "piled up during last year's five month strike." While striking social workers might explain the delay, backdating letters that directly affect the legal rights of families is no solution. The Beacon reports "state officials are concerned that CSB might have falsified the letters so the state would believe the agency had sent the letters on time." State officials are not nearly as concerned as HSLDA's attorneys. While the state may view this as a minor paperwork problem, we view any intentional misconduct on the part of social services as a direct threat to innocent families. Homeschoolers in Ohio have already filed one federal civil rights lawsuit to protect their home against overzealous government workers. We stand prepared to do so again.
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