House Bill 971: Limitation on Social Worker Access to Private Homes

Author:
Representative Russell Capps

Summary:
This bill would have prohibited a social worker from entering a private residence for investigation purposes without either (1) the permission of the head of the household or (2) the accompaniment of a law enforcement officer acting with legal authority to enter the residence. The "legal authority" the law enforcement officer would be required to have would be a court order, search warrant, or an emergency.

The legal difficulties encountered by the Stumbo family prompted the introduction of this bill. This North Carolina family's problems started when a social worker insisted upon entering their home and interviewing their children in violation of the Fourth Amendment to the United States Constitution. For more information on the Stumbo case, visit our website at http://www.hslda.org/legal/state/nc/19990915Stumbo/default.asp.

Status:
This bill died when the legislative session ended on October 4, 2002.

HSLDA's Position:
This bill was supported.

Other Resources

4/19/2001 North Carolina Action Alert: Proposed Legislation to Limit Social Worker Access to Private Homes

Bill Text