Google Images
It is our view that both the Fourth Amendment and also the constitutionality derived right to privacy and autonomy which the US Supreme Court has recognized, protect individuals from unwarned and warrantless visits to the home by agents of the state. Kindstedt v. East Greenwich School Committee (Aug. 1986)
People in the United States have constitutional protections against intrusions into their homes like the quote says... this applies to all Americans, whether they are homeschoolers or not. What the powers that be- in this case CPS- count on is that you are unaware of these rights. One thing that you can count on is that if CPS shows up at your door, they're not going to tell you what they are. This is one reason that they tend to target certain socio-economic groups, groups they reckon don't know their rights. One problem is that nobody figures that they will be the one that is targeted. That's why it's critical, if you have children, that you make yourself aware... these are not nice people, as anyone that has encountered them knows and they are not there to protect your children. For decades homeschoolers have been targets and for them especially, it is critical to know your rights!
Even if you have the good fortune to be able to afford an attorney there is no guarantee that even they are aware of the constitutional implications or previous case law that sets precedent in cases of CPS home visits (invasions). In the case of homeschoolers in states with state approval requirements, a failure to comply may result in being "disapproved" or even charged with criminal truancy. If you homeschool, check with the local school board to find the requirements- most states don't have such a requirement- yet... and get it in writing!
CPS home visits of any sort require either a warrant served by a law enforcement officer (CPS is not law enforcement), or a court order. If they show up, politely ask to see the court order. Do not believe or respond to any threats or excuses. CPS workers will invariably lie and falsify anything you say... the less said, the better. If they persist, inform them that the Fourth Amendment guarantees against warrantless searches and seizures. This Constitutional protection was affirmed by the US Supreme Court in Griswold v. Connecticut. (You might want to write that down.)
There is only one reason that CPS shows up (other than to steal your children) and that's to try to get you to incriminate yourself. They will say and do anything and use any excuse to prove neglect- which is so subjective it can mean virtually anything they want it to- or abuse. This is a direct violation of the Fifth Amendment self-incrimination clause. Say as little as possible- they will try to trick you into incrimination yourself.
Over the last several decades the protocol for obtaining warrants has changed drastically... and not for the better. There was a time when you could face your accuser- in fact it was the law. Not anymore, all they need is an innuendo and a warrant is granted. Remember, an entire industry has sprung up centered on "the child abuse epidemic." When CPS shows up at your door there are 25 more eager professionals waiting in the wings depending on them to take your children... they don't like to leave empty-handed, so you better know your rights. The Fourteenth Amendment guarantees "equal treatment under the law" and "due process." If you should be a homeschooler you can claim a religious exemption under the First Amendment.
Study after study show the harmful effects of CPS intervention, not only on families but the children they're supposing to be protecting. Dr. Douglas Besharov in an article for the Harvard Journal of Law and Public Policy wrote:
Much of the present high level of intervention is unwarranted and some is demonstrably harmful to the children and families involved. More than sixty-five percent of all reports of suspected child maltreatment- involving over 750,000 children per year- turn out to be "unfounded"... The present level of over reporting is unreasonably high and is growing rapidly. Between the years 1976 and 1985 when the report was written, the number of "unfounded" reports doubled. Ironically, 1976 is two years after CPS was created... coincidence?
CPS and child trafficking are two of the most profitable criminal enterprises in America today. It is imperative that every parent know their rights. There are two books that every parent should read... The Child Abuse Industry, by Mary Pride and Wounded Innocents, by Richard Wexler. One parent observed: "If I had read these books before playing hardball with social workers, I would have been paralyzed with fear." They are full of thousands of true accounts about breaking up loving families who were entirely innocent and the mental, emotional and physical abuse suffered by the children after being kidnapped.
Know your rights, I can't emphasize it enough... you have Constitutional protections. CPS depends upon you not knowing them. If they show up at your door without a warrant or court order, politely inform them that the Fourth Amendment guarantees protection from warrantless searches and seizures (and that includes your kids). Case after case has found that children belong to the parents and not the state- if you know your rights and exercise them. They will try any trick to get in, even saying that it is an "unofficial" visit- there's no such thing and case law is on your side. In Boyd v. The United States The Supreme Court held...
Though the preceeding in question is divested of many of the aggravating incidents of actual search and seizure, yet as before said, it contains their substance and essence and effects their substantial purpose. It may be that it is the obnoxious thing in its mildest and least repulsive form; but illegitimate and unconstitutional practices get their first footing in that way, namely, by silent approaches and slight deviations from legal modes of procedure. This can only be obviated by adhering to the rules that constitutional provisions for the person and property should be liberally construed. In other words, the state may not use deception or incremental methods to gain entrance.
I know that this is a bunch of legal gobbledygook, but as parents it is imperative to know your rights. If and when CPS shows up at your door and discover that you're not as uninformed as they counted on, it may work in your favor.