Home Schooling

May 16, 2001

In the Matter of S
Unlawful order requires parents to submit to investigation

Filed: September 15, 1999, Cleveland County.

Nature of Case: At about 7 a.m., their two-year-old daughter went outside without her clothes. Her brother brought her back inside about three minutes later. Within two hours a social worker demanded entry into the home and individual interviews with each child without the presence of their mother. The family refused and DSS filed a petition alleging "interference with a child abuse investigation."

Ruling: The trial judge ruled that social workers are not "state actors," that a child neglect investigation is not a "search," and that the Fourth Amendment did not provide the parents with a "lawful excuse" to refuse entry.

Rulings:
1-25-00 — The trial judge ruled that social workers are not "state actors," that a child neglect investigation is not a "search," and that the Fourth Amendment did not provide the parents with a "lawful excuse" to refuse entry.

5-15-01 — A divided North Carolina Court of Appeals ruled that the social services investigation was not a "search" and therefore the Fourth Amendment did not apply. Judge Greene dissented, insisting that social services investigations are "searches" and are subject to the Constitution. Judge Greene's dissent guarantees the Stumbos the right to appeal to the North Carolina Supreme Court.

Last Updated: May 16, 2001.

In a split decision May 15, 2001, the North Carolina Court of Appeals failed to rule that a child abuse investigation is a "search" covered by U.S. civil rights protections.

The court voted 2-1 against a home schooling family from Cleveland County, NC. The Stumbo family contends that social workers are bound to obey the U.S. Constitution, and that a child abuse investigation is a "search." However, the dissenting vote guarantees the family an automatic appeal to the North Carolina Supreme Court.

According to the majority opinion for the North Carolina Court of Appeals this case involves neither a search nor a seizure and, therefore, does not implicate respondents' Fourth Amendment rights."

However, the dissent said, "Entry into the home of a person suspected of child abuse/neglect by the Director for the purpose of ascertaining if the child has been abused/neglected is a search by a government actor and thus implicates the Fourth Amendment."

The trial court ruled previously that social workers investigating child abuse are not subject to the U.S. Constitution because they are not "state actors." It said the Fourth Amendment "applies to criminal action and to the state," but not to social workers. The trial court ordered the family to immediately comply with the demands of the social worker.

Michael Farris, General Counsel for HSLDA, represented the Stumbos at the appeals court. "It is outrageous for the court to say social workers are not state actors, or that the Fourth Amendment doesn't apply. We will argue before the state supreme court that this is a search and is subject to the Constitution."

The case arose in Cleveland County, NC, on Sept. 9, 1999. Behaving as any normal two-year-old might, the Stumbo's daughter failed to put all her clothes on before running out the front door to retrieve her pet kitten. An older brother quickly brought the little girl back in the house. But someone was already lodging an anonymous report with the authorities. Not long after this, a social worker arrived. The social worker did not have a warrant as required by the Constitution. But she demanded to enter the home and to examine all the children. The Stumbos, members of the Home School Legal Defense Association, contacted HSLDA. When the family refused to waive their constitutional right to the privacy of their home, the social worker filed suit.

Federal & state courts have already ruled in other cases that social workers are subject to the Constitution.

Judges rule against home-schoolers.

Home school family wins automatic appeal to North Carolina State Supreme Court

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

Home Schoolers Pleased with NC Court of Appeals Arguments

Parents of 2-year-old 'streaker' taken to court

North Carolina Family Holds Social Services to Constitution

HSLDA defends North Carolina family against social services

Appeal Brief: In the Matter of Stumbo