CPS authority in home visits?

[Bondhead88]

88,

Rather than rely on all the Intenet sea lawyers (most of whom are wrong BTW) have your friend contact a family lawyer. I've seen CPS do some things to "save the children" that were irreversible.

It's too important to screw around with.

I agree as I said get a lawyer, do not talk to the police, the CPS and do not get legal advise from others who are not lawyers.

Indy317 I am sorry but I disagree with you on your pont

#3: If questioned about home schooling, start dropping comments that makes it appear that you are concerned about well known recent events at public K-12 schools: Anderson Schools covering up the rape, Carmel basketball players, the kid in Greensburg who committed suicide via teasing, and most recently, the southport HS girl who is in a coma after a fight. They won't be able to counter any of those arguments. Saying things like you don't agree with their "agenda" etc. will make one look like a kook to the eyes of some, but bringing to light physical violence, that makes the parent look concerned. I also would drop comments about looking into private school options.

Do not make any comments about anything. because anything you say can be used against you in a court of law. nowhere does it say it can help you.

Keep your mouth shut. Let your lawyer speak that is what they are paid to do. You will pay one whether they speak a little or a lot so let them speak a lot.

 

[PatriotPride]

I'd let them in. If you don't and a court order follows, you will remove any chance of a warning and the next step will be started.

I wouldn't. Why? Last I checked, I am a FREE MAN, regardless of how a law enforcement agency or government would like me to think. If they want in, then they can use the (corrupt) court system to obtain a warrant.

No law enforcement officers acting in the scope of their duties are stepping inside my home without a VALID warrant. End of story.

 

[E5RANGER375]

I wouldn't. Why? Last I checked, I am a FREE MAN, regardless of how a law enforcement agency or government would like me to think. If they want in, then they can use the (corrupt) court system to obtain a warrant.

No (corrupt) law enforcement officers acting in the scope of their duties are stepping inside my home without a VALID warrant. End of story.

fixed it for you;
lets be fair to all sides here

 

[Bondhead88]

fixed it for you;
lets be fair to all sides here

No, he had it right the first time.

No law enforcement officers acting in the scope of their duties are stepping inside my home without a VALID warrant. End of story.

Corrupt, non corrupt, it doesn't matter NO WARRANT = NO ENTRY

 

[Bondhead88]

No, he had it right the first time.

No law enforcement officers acting in the scope of their duties are stepping inside my home without a VALID warrant. End of story.

Corrupt, non corrupt, it doesn't matter NO WARRANT = NO ENTRY

And there are no sides to disregarding the 4th amendment.

Right is right, there are no alternatives to right, there are no arguments to counter what is right. You take the side of the right or you are wrong, period.

 

[HobbyGuy]

Doesn't matter. There are some state tests that have to be administered at an accredited facility (public school or private with accreditation).
That's all it'd take...[/quote]

We home school one of ours. There are no state mandated exams.

If your friend home educates, HSLDA membership can come in handy. If/when CPS shows up, she can call HSLDA, pass the phone outside, and let CPS talk to an HSLDA attorney.

Homeschool: HSLDA-Home School Legal Defense Association

We are members of HSLDA. Good advice.

 

[88GT]

If CPS wants to talk to you tell them you will arrange a time when you have legal counsel with you and then meet at his/her office if at all possible.

I think this highlights one of the biggest problems: the idea that it's all or nothing. You either let them in and give them free rein to rip your home and life apart or you stand at the door and refuse entry while simultaneously refusing to cooperate. I don't know why people automatically assume refusing entry equates to refusing to cooperate.

If your friend home educates, HSLDA membership can come in handy. If/when CPS shows up, she can call HSLDA, pass the phone outside, and let CPS talk to an HSLDA attorney.

Homeschool: HSLDA-Home School Legal Defense Association

She was given that advice in one of the email replies and took it. She became a member and is now, presumably, being aided in her issue by them. CPS was due to show up this morning, so hopefully she stood by her rights. Another member went through this exact same thing a few months ago and CPS actually took her kids before it was all said and done. She said her biggest mistake was being honest. Nearly all of her comments were twisted into something they were not intended to mean.

 

[88GT]

88,

Rather than rely on all the Intenet sea lawyers (most of whom are wrong BTW) have your friend contact a family lawyer. I've seen CPS do some things to "save the children" that were irreversible.

It's too important to screw around with.

I did. I gave her two pieces of advice.

1. Don't EVER invite the man into your home for any reason.
2. Contact a lawyer ASAP.

I asked the question because others were responding that CPS had the authority to force entry and that just didn't seem plausible.

 

[nawainwright]

True.



Doesn't matter. There are some state tests that have to be administered at an accredited facility (public school or private with accreditation).
That's all it'd take...

Now, I don't presume to know all the homeschooling laws here in Indiana, but I was homeschooled in IL (and I am tight with and know a LOT of Indiana HS'ers). To my knowledge there are no "manditory" tests that have to administered. If you want to take the SAT or the ACT then you're correct, but you don't need those and there is no law to force you into them. Most of the state designed tests are to judge where the kids are in the system, but if you are not part of the system you are not required to take them. I may be wrong, but I don't think I am.

 

[Paco Bedejo]

I don't know this to be fact, but my understanding is that they can interview your child at school without your knowledge or permission, and the school must allow it.

Reason #117 to home school.

If you're not smart enough to teach your child in one to two hours per day what the bureaucracy can barely teach them in eight...

 

[Denny347]

I Google'd Indiana DCS and found this.
http://www.in.gov/dcs/files/4.8_Entry_into_Home_or_Facility708.pdf

http://www.in.gov/dcs/files/4.6__Exigent_Circumstances.pdf

 

[Bondhead88]

Good find, I still say keep your mouth shut and talk to a lawyer and don't let them in without a warrant.

 

[Bondhead88]

Now, I don't presume to know all the homeschooling laws here in Indiana, but I was homeschooled in IL (and I am tight with and know a LOT of Indiana HS'ers). To my knowledge there are no "manditory" tests that have to administered. If you want to take the SAT or the ACT then you're correct, but you don't need those and there is no law to force you into them. Most of the state designed tests are to judge where the kids are in the system, but if you are not part of the system you are not required to take them. I may be wrong, but I don't think I am.

There is no mandatory state testing for homeschooling. You can take the tests and yes you can allow an accredited board administer them for you but that is voluntarily.

Many parents are not interested in the governments diplomas for their children and many of the courses that state schools take are not taken by home schooled children.

Some courses are taken differently an example would be instead of science based on evolutionary theory they would take science based on creation or intelligent design (while these two have similarities they are not the same)

Sex education could be drastically different, same as historical studies, social sciences and others. This can make state exams (which is where you study to pass the exam not study for knowledge or wisdom) irrelevant to many home schooled children.

And before anyone asks, you do not need a government high school diploma to get into good colleges. We issued our daughters diploma to her and she was accepted by many good colleges both in Canada and the US. Her ACT score was excellent and while 3/4 of the freshman class had to make up basic English before moving forward, she didn't.

 

[88GT]

I Google'd Indiana DCS and found this.
http://www.in.gov/dcs/files/4.8_Entry_into_Home_or_Facility708.pdf

http://www.in.gov/dcs/files/4.6__Exigent_Circumstances.pdf

Thanks. A lot.

 

[JetGirl]

Now, I don't presume to know all the homeschooling laws here in Indiana, but I was homeschooled in IL (and I am tight with and know a LOT of Indiana HS'ers). To my knowledge there are no "manditory" tests that have to administered. If you want to take the SAT or the ACT then you're correct, but you don't need those and there is no law to force you into them. Most of the state designed tests are to judge where the kids are in the system, but if you are not part of the system you are not required to take them. I may be wrong, but I don't think I am.

You're right. Home-schooled children are not required to participate in the Indiana Statewide Testing for Educational Progress, and although I'm sure there are parents that choose to opt out of the standardized testing, out of about 40-ish homeschooling families I've ever interacted with...I've never met one that did so.

There is no mandatory state testing for homeschooling. You can take the tests and yes you can allow an accredited board administer them for you but that is voluntarily.

Many parents are not interested in the governments diplomas for their children and many of the courses that state schools take are not taken by home schooled children.

Some courses are taken differently an example would be instead of science based on evolutionary theory they would take science based on creation or intelligent design (while these two have similarities they are not the same)

Sex education could be drastically different, same as historical studies, social sciences and others. This can make state exams (which is where you study to pass the exam not study for knowledge or wisdom) irrelevant to many home schooled children.

And before anyone asks, you do not need a government high school diploma to get into good colleges. We issued our daughters diploma to her and she was accepted by many good colleges both in Canada and the US. Her ACT score was excellent and while 3/4 of the freshman class had to make up basic English before moving forward, she didn't.

Pretty much.