The social worker investigating an abuse complaint thus has a
very;real;obligation;to;find;a;way;to;interview;the;child;.;.;.;.
interview, be sure to make that clear
on;the;recording.;If;they;decide;to
force a search or interview, it will
be;indisputable;that;you;did;not
give consent.
4.;After close consultation with an
attorney,;you;may;help;close;the
investigation;by;giving;CPS;three
items:;(a);proof;of;the;legality;of;your
homeschool;program,;(b);references
from;those;who;can;attest;to;your
good parenting and homeschooling,
and;(c);a;statement;from;your;doc-tors;affirming;that;they;have;exam-ined;your;children;and;determined
there is no evidence of abuse. Your
children;are;less;likely;to;be;trau-matized;by;a;standard;physical;at;a
doctor’s;office;than;a;strip;search;by;a
CPS worker.
Although it is unlikely you or your
family;will;ever;need;to;face;the;stress;of
a child abuse investigation, it is impor-
tant;to;know;your;rights;and;be;prepared
to assert them should that difficult trial
ever;come;upon;you.
Antony B. Kolenc (J.D., University of Florida
College of Law) is an author, speaker, and
law professor at Florida Coastal School of
Law. He is also a retired U.S. Air Force officer.
He and his wife have homeschooled their five
children for over a decade. Tony is author of
The Chronicles of Xan historical fiction trilogy, as well as many legal articles. Learn more
about him at www.antonykolenc.com. If you
have a law-related homeschooling question
that you would like to see Tony address in a
future column, please email TL@TheHome
schoolMagazine.com.
Endnotes:
1.;E.Z. v. Coler,;603;F.;Supp;1546,;1558;(N.D.;Illi-
nois;1985).
2.;Florida;Statutes;§
39.301( 7);(requiring;also;that
any;assessment;be;conducted;“in;a;manner;that
is sensitive to the social, economic, and cultural
environment;of;the;family”).
3. See Greene v. Camreta, 588 F.3d 1011, 1026
(9th;Cir.;2009),;reversed and vacated on other
grounds, Camreta v. Greene, 131 U.S. 2020
(2011);(describing;the;split;among;the;courts
about whether to treat inspections of children
as seizures under the Fourth Amendment that
require probable cause or some lesser level of
evidence).
4. For instance, in Picarella v. Terrizzi, 893 F.
Supp.;1292;(M.D.;Pa.;1995),;the;court;exam-
ined;a;Pennsylvania;law;that;required;school
officials to report suspected child abuse. The
court noted a real difference between CPS
workers and school officials when it came to
interviews;of;potentially;abused;children.;The
judge;believed;it;was;“certainly;reasonable”;for
a;school;official;“to;employ;his;or;her;back-ground;(as;by;gathering;information;through
questions);to;make;the;determination”;about
child abuse to aid in deciding whether to make
a report.
5. United States v. Hollingsworth, 495;F.3d;795,;802
(7th;Cir.;2007).
6.;See Michael C. v. Gresbach,;526;F.3d;1008,;1015
(7th;Cir.;2008);(finding;that;“an;expectation
of privacy is objectively reasonable where
parents who place their children in private
schools expect that the parents’ express dele-gation;of;parental;authority;to;school;officials
will;be;both;acknowledged;and;respected;by
government;actors.”).
