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January 24, 2017

Dear Court: The Ferrises Deserve a Trial

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Darren Jones DARREN JONES
Litigation attorney

In the latest episode of our effort to get justice for the Ferris family, Home School Legal Defense Association explained to the Third Circuit Court of Appeals last week that the lower court had ignored relevant facts when it ruled against the family without allowing them a trial.

Scott and Jodi Ferris’ newborn daughter was seized from their custody in June 2010 at the instigation of several doctors and an investigating social worker. The very next day, a judge ordered the baby to be returned to her parents. And now, the case that HSLDA filed on behalf of Scott and Jodi has been going on for almost five years.

In our brief to the Third Circuit, we pointed out that the lower court had focused heavily on the hospital’s claim that the daughter needed to be observed for signs of infection or disease, but ignored the fact that Scott and Jodi had already agreed to keep her in the hospital for at least 24 hours.

Since courts at this stage of the proceedings are supposed to interpret facts in favor of the plaintiffs, we also reminded the Third Circuit that the Ferrises had also agreed that their daughter had to be in good health before she was released from the hospital, and that all of the treatment the social worker and doctors were insisting on was merely preventive. The girl was actually in good and stable health at the time she was seized—and she’s a healthy 6-year-old right now.

We appreciate all of your prayers and support in this long-running fight for justice. Thank you for standing with HSLDA and the Ferris family. And please continue to donate to the Homeschool Freedom Fund so that we can fight for other homeschool families around the country!