COMMENTS: STANDARD BEARERS OF THE FOURTH AMENDMENT: THE CURIOUS INVOLVEMENT OF HOME SCHOOL ADVOCATES IN CONSTITUTIONAL CHALLENGES TO CHILD ABUSE INVESTIGATIONS Skip over navigation
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Copyright (c) 2004 University of Missouri-Kansas City School of Law
UMKC Law Review

COMMENTS: STANDARD BEARERS OF THE FOURTH AMENDMENT: THE CURIOUS INVOLVEMENT OF HOME SCHOOL ADVOCATES IN CONSTITUTIONAL CHALLENGES TO CHILD ABUSE INVESTIGATIONS

Fall, 2004

73 UMKC L. Rev. 137

Author

Summer A. Duke *

Excerpt

Unfortunately, child abuse cases abound in the courts and newspapers. Often the question arises: couldn't the state's "social services" have done something? The explanation is frequently an under-funded system with overworked social workers. However, individual family liberties can restrict the state's access to investigate situations involving child abuse. Some of the recent litigation regarding assertions of family rights in the face of social services investigations originates from families that home school their children, and from organizations representing home school advocates.

This Comment will first explore the competing interests of the state and home school advocates, including home school families' concerns about differential treatment, state standards for child abuse investigations, and a case that highlights the conflict between the two. Second, the Comment will set forth four challenges to warrantless child abuse investigations, particularly viewpoint discrimination, family privacy, equal protection and the Fourth Amendment's protection from unreasonable search and seizure. Finally, this Comment will discuss the particular role of home school advocates in the movement to increase Fourth Amendment protections for families.

I. INTRODUCTION

Studies suggest that nearly two million children are home schooled in the United States. 1 The typical home school family is a two-parent family with one stay at home parent. 2 Moreover, the typical homeschool family is non-Hispanic White, with a moderate to high income level. 3 Female children are slightly more likely to be home schooled. 4 Home schooling is increasing in rural and suburban communities in the west. ...
 
 
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