N.J. Family Sues CPS for $60 Million for Invading Their Homeschool without Cause

[Created4]

Allison Blake, NJ commissioner of Children and Families is one of the defendants in the lawsuit.

They should have named the police as co-defendants for not doing their job and complying with the crime.

Excerpts:

A Warren County (New Jersey) family is suing the state’s Division of Child Protection and Permanency for alleged unconstitutional home intrusion and civil rights violations.

Christopher Zimmer and his wife Nicole, of Belvidere, filed a civil rights complaint in United States District Court in Trenton against DCP&P, a DCP&P supervisor and one of its case workers for an alleged “unlawful and unconstitutional home intrusion of their home.”

“I won’t forget that morning for a long, long time,” said Mr. Zimmer, thinking back to a Tuesday morning in January that began with a caseworker pounding on their door.

Mr. Zimmer said that the caseworker demanded she be let inside, adding that the family did not have a choice. Startled by her aggression, Mr. Zimmer questioned why she was there.

The Zimmers allege that the caseworker refused to answer the question, until later admitting that the homeschooling of 15-year-old Christopher Zimmer, Jr. was the focus of her investigation.

Not knowing the extent of his rights, Mr. Zimmer called town police to sort out the matter, but police ultimately said the caseworker was allowed to come into the house.

At that point, the family made a decision more out of fear than logic.

Mr. Zimmer let the woman inside their home, attempting to prove he had nothing to hide, but after two hours of questioning that the family describes as interrogation, it became clear that this would not end quickly.

“My fear was, if I didn’t let her in the house, if I had closed the door and didn’t let her in the house then the police would be knocking at the door and think I’m hiding something,” he said.

The questions started out simple, asking about home life and happiness, but Mr. Zimmer said the questions soon became invasive and pointed, feeling like traps.

Focusing on what the Zimmers believe was a tip about “improper homeschooling” filed confidentially by a juvenile known to their son, the caseworker asked to see records of attendance, textbooks and test scores.

Their suit alleges that home schooling issues aren’t the responsibility of the DCP&P.

“What really upset me was, she asked my son what he wants to be when he grows up … he wants to be in the Marines and be a Marine scout sniper,” Mr. Zimmer said.

As a hunting family, Mr. Zimmer freely admitted that he and his son are licensed to hunt through the state and that there are a few guns in the house in a locked safe, with ammunition stored separately in accordance with the law.

Asking to see his safe, located in the master bedroom, Mr. Zimmer obliged.

“She took it upon herself to try to pry open the door with her fingers, but it was locked like I said. Then she said, ‘You need to show me the guns; open the safe.’ I knew what my rights were, but I was trying to cooperate with her,” he said.

Seemingly satisfied with that line of questioning, the case worker said that the investigation would continue and that DCPP would report back with ways to “tweak” the family’s homeschooling routine, Mr. Zimmer said.

Although they knew they had done nothing wrong, the Zimmers felt the need to protect themselves and began calling attorneys that week.

“We’re not looking for money; we didn’t set out with that in mind,” Mr. Zimmer said. “I got him to protect us so that they wouldn’t come back and take my son with some accusation that they’d fabricate.”

Read the Full Story Here.

 

[Danke]

This country is full of busybodies.

 

[aGameOfThrones]

They should have named the police as co-defendants for not doing their job and complying with the crime.

They protected their own=doing their job.

 

[William Tell]

Allison Blake, NJ commissioner of Children and Families

Wow, quite a title.

 

[Sam I am]

The cops usually aren't a good source for legal advice. They should have called a lawyer instead

 

[jllundqu]

Seeking 60 million makes them look pretty shitty, despite what they went thru. An overzealous state employee, and yes, an unconstitutional invasion of their home warrants remedy and damages, but 60 million just makes them look like greedy opportunists. Better to seek appropriate remedies, stay out of the limelight, and try to educate your children in peace... better to move out of a state that make homeschooling all but impossible. I'd seek just enough money to move my family to a homeschool-friendly state and never think twice about friggin New Jersey again. If they are a homeschooling military family and their son wants to be a scout sniper, they should not live in a despotic wasteland like New Jersey... move to Texas or Arizona where homeschooling is actually encouraged. This is coming from an AZ homeschooling dad

 

[Created4]

If they are a homeschooling military family and their son wants to be a scout sniper, they should not live in a despotic wasteland like New Jersey... move to Texas or Arizona where homeschooling is actually encouraged. This is coming from an AZ homeschooling dad

Unfortunately, Arizona has the highest percentage of State-sponsored child kidnappings (Texas has the highest outright, but not percentage-wise due to their high State population.) If I had minor children living at home, Arizona is the last place I would choose to live.

Is Arizona Governor Doug Ducey Continuing Practice of Medical Kidnappings?

 

[jllundqu]

Unfortunately, Arizona has the highest percentage of State-sponsored child kidnappings (Texas has the highest outright, but not percentage-wise due to their high State population.) If I had minor children living at home, Arizona is the last place I would choose to live.

Is Arizona Governor Doug Ducey Continuing Practice of Medical Kidnappings?

Thanks for the info. I have some reading to do, but I am not particularly worried about my kids here in AZ. My family doesn't have the types of issues mentioned in many of the articles.

 

[Slave Mentality]

Thanks for the info. I have some reading to do, but I am not particularly worried about my kids here in AZ. My family doesn't have the types of issues mentioned in many of the articles.

You are mistaken if you think there is not SOMETHING you are doing that could "authorize" them to take your kids. Very mistaken. You just haven't drawn the ire of the state yet. Step out of line if you don't believe me.

"Types of issues" could literally mean anything these days...

 

[Created4]

Thanks for the info. I have some reading to do, but I am not particularly worried about my kids here in AZ. My family doesn't have the types of issues mentioned in many of the articles.

Stay out of the hospital and medical system, and out of the school system, to increase your chances of going unnoticed. But that is no guarantee. An angry/disgruntled neighbor, co-worker, or family member is all it takes to call CPS and file an anonymous complaint, and BINGO, you are in the system.

 

[Root]

Thanks for the info. I have some reading to do, but I am not particularly worried about my kids here in AZ. My family doesn't have the types of issues mentioned in many of the articles.

You mean besides posting here on RPF?

 

[jllundqu]

You mean besides posting here on RPF?

lol.....

I know that dangers that CPS pose. Our family is well positioned to avoid any such encounters... Our homeschool community is pretty robust here. I wouldn't consider myself affluent, but well off with a lawyer on retainer Sad to say, but one's job and socioeconomic status, as well as neighborhood you live in, can mean all the difference.

 

[jllundqu]

I know and interact with literally hundreds of homeschooling families here in AZ and not once have I come across the issue of CPS 'kidnapping' anyone's child.

 

[Created4]

I know and interact with literally hundreds of homeschooling families here in AZ and not once have I come across the issue of CPS 'kidnapping' anyone's child.

HSLDA has an Arizona case right now in the 9th Circuit. It happens, and it happens in Arizona at a higher percentage than any other state.

Appeals Court Lets Arizona Social Workers off the Hook

by James R. Mason, III
Senior Counsel Home School Legal Defense Association

The United States Court of Appeals for the Ninth Circuit excused two Arizona social workers from liability for threatening to take John and Tiffany Loudermilk’s children into state custody if they didn’t immediately consent to a search of their home.

This case began in early 2005 when Child Protective Services (CPS) received an anonymous report that “dad is a handy man” and that there were “exposed wires and missing stair rails” inside the Loudermilks’ home. Sixty-one days later, the assigned caseworker called in sick. Her supervisor, Rhonda Cash, decided “I want to go hit this report of Brenda’s.” Before ever seeing the home she had her trainee call the sheriff’s department, because “it’s necessary at times to call in law enforcement if you have an uncooperative family.”

Soon two social workers, six deputies, and five marked government vehicles descended on the Loudermilks’ home. Rhonda Cash and one of the deputies demanded to be allowed inside the home to confirm that there were no safety hazards. The Loudermilks declined to allow them inside, citing their Fourth Amendment rights, and called HSLDA attorney T.J. Schmidt for assistance.

Schmidt quickly concluded that there was no legal justification for Ms. Cash to enter the Loudermilks’ home based on the two-month-old anonymous report. He spoke to Ms. Cash, her state attorney, and one of the deputies.

The deputy conferred with his sergeant and withdrew his demand to be allowed inside. They did not believe the circumstances amounted to an emergency.

But Rhonda Cash was not deterred. Instead of leaving when law enforcement no longer supported her demand, she escalated the encounter. She told the Loudermilks that she would take their children into state custody if they did not let her in immediately. She said this in the presence of the children.

And her trainee began filling out a Temporary Custody Notice, the form that would have authorized them to seize the children without first asking a judge.

Faced with the choice of losing their Fourth Amendment rights or losing their children, the Loudermilks did what any of us would do—they allowed Ms. Cash to enter their home. Once inside, Ms. Cash confirmed that the alleged safety hazards did not exist—and she looked inside their refrigerator—presumably in search of exposed wiring and missing stair rails.

The Court of Appeals assumed that the social workers violated the Loudermilks’ rights. But it held that they were immune from liability, because Ninth Circuit case law “does not clearly establish that consent to a limited search is involuntary when given after the consenting party has had the opportunity to consult with an attorney.”

This opinion is hard to swallow. The Court is saying that because no Ninth Circuit case has ever dealt with similar facts, the social workers were therefore entitled to believe that the Loudermilks had consented voluntarily because they had spoken to their lawyer. We asked the Court to reconsider, but it declined to do so last week.

This result is deeply disappointing.

It allows CPS workers to continue to coerce parents into cooperating by threatening to take away their children. It endorses their tactic of calling in the police to intimidate parents in their own home. And it sharply discourages parents from seeking legal counsel to find out what their rights are.

Sadly, this all-too-common approach by CPS workers causes real harm to children.

Full Story.

EDIT: HSLDA has actually appealed this one to the Supreme Court.

 

[Created4]

I know and interact with literally hundreds of homeschooling families here in AZ and not once have I come across the issue of CPS 'kidnapping' anyone's child.

Have everyone in your homeschool network watch this video:



Review this article also:

Does the State Ever Have a “Right” to Remove Children from a Home?

The BIGGEST mistake people make, including homeschoolers, is to think they have nothing to hide and agree to talk to social workers or police.

 

[euphemia]

I think people should get a clue. Homeowners are not required to answer the door for anyone. We once had a nuisance neighbor who would bang on the door. When I didn't answer, she would go around to the back door and bang on that. I yanked that door open and told her in no uncertain terms that she was never to knock on my door again. "But you wouldn't answer your door." "Of course not. I am not required to answer the door for anyone or anything. Do it again, and I will file a restraining order. Your druggie boyfriend would love that."

I also do not answer the home phone. It is a cell phone whose job is to sit on the shelf and take messages. I will call back if it is someone I want to talk to. People I am interested in will use my personal cell number. Or email.