
Mike Farris Addresses
Social Workers at National Conference
On April 1, 2003, Home School Legal Defense Association Co-founder and
Chairman Michael Farris addressed a national gathering of social workers
in St. Louis, Missouri.
Gateways to Prevention, the 14th National Conference on Child Abuse and
Neglect, hosted by the United States Department of Health and Human
Services' Administration of Children and Families, was designed for
"child protection workers and administrators, social workers … and
others committed to ensuring the protection of children" according to
the conference website.
Farris was invited by Bush administration officials to discuss Home
School Legal Defense Association's legal work protecting innocent families
during social worker investigations.
"Many of these social workers came to the conference looking for the
latest 'federal mandates' concerning child abuse prevention," said
Farris. "I wanted to encourage them to consider the U.S.
Constitution their ultimate federal mandate."
About 200 conference attendees listened to Farris' talk on HSLDA's work.
Most of them were key liaison officers between the state child abuse
prevention agencies and the federal HHS. These select state employees are
typically the people who see that federal monies from the Child Abuse
Prevention and Treatment Act (CAPTA) are implemented properly.
Although conference organizers welcomed Farris, the response his talk
received from conference attendees was decidedly mixed.
"Most [attendees] were astonished to learn that the 4th Amendment
applies to them," Farris said. "They seem to believe that
introducing constitutional analysis to their work 'upset the
system.'"
Farris confirmed in his talk that the U.S. Federal Court of Appeals (in Calabretta
v. Floyd 198 F.3d 808 (1999)) ruled that social workers, as agents
of the government, are bound by the same search and seizure rules as
police officers. These rules are derived from the principles of protection
found in the 4th Amendment to the U.S. Constitution.
After years of representing innocent families who had their rights
violated by unlawful social worker investigations, an invitation to speak
at such a conference is a significant and positive step forward for Farris
and HSLDA.
Fortunately not all of the response was negative. According to Farris, a
few conference attendees acknowledged that social workers in general
needed to do a better job respecting families' rights. One conference goer
even tracked Farris down after his speech and told him that she, too, had
been working with families falsely accused of child abuse.

HSLDA
Hosts National Homeschool Leadership Summit
Home School Legal Defense Association hosted the National Homeschool
Leadership Summit in Washington, DC, on March 26-28. The summit, attended
by the leaders of state-wide homeschool organizations from 48 states and
the District of Columbia, focused on federal issues affecting parental and
educational freedoms, as well as the sharing of information on threats to
homeschool freedom arising around the country.
The event was kicked off on Wednesday in an informal discussion session
and preview of the conference hosted by HSLDA's president, Mike Smith, and
HSLDA's National Center for Home Education's (NCHE) director, Tom
Washburne. The discussion, focussing on trends in the states, federal
legislation, and personal concerns, went well into the evening at the
Hyatt on Capitol Hill.
Formal briefings began on Thursday at the Dirksen Senate office building
with presentations on federal issues by Tom Washburne and HSLDA's senior
counsel, Chris Klicka. Congressman Mark Kennedy of Minnesota, who was
awarded one of two Home School Freedom Awards for his work in the prior
Congress, spoke to federal efforts to extend privacy protections to
homeschool records held by government schools. Congressman Marylin
Musgrave of Colorado, a former homeschooling mom, gave a first hand
account of how effective homeschoolers can be in policy. Congressman Trent
Franks of Arizona provided an encouraging word and unequivocally voiced
his view that no form of education surpasses homeschooling. Neil Bradley,
executive director of the House of Representatives Study Committee, and
Bill Wichterman, policy advisor to Senate Majority Leader Bill Frist, gave
overviews of the issues which conservatives in the U.S. House and Senate
are watching and working on. Dr. Cassie Bevan, senior policy advisor to
Majority Leader Tom Delay, spoke to issues surrounding child abuse, and in
particular to new legislation requiring social workers to inform parents
at the door of the allegations against them and to be trained in 4th
Amendment constitutional law. This is a huge advancement, and is largely
due to the work of Chris Klicka at HSLDA who testified before Congress and
helped draft the provisions. After lunch, state leaders headed off to meet
with their congressmen, senators, and staff, with the goal of building
relationships and informing on the issues.
On Thursday evening, the state leaders were joined for dinner at the Hyatt
by the entire HSLDA Board, staff, guests, and VIPs to celebrate the 20th
Anniversary of HSLDA. After a reception with stringed music provided by
the homeschooled Young Musicians of Virginia, the formal dinner began
with a letter of greeting from the President of the United States read by
the President's Deputy Director of the Office of the Liason, Tim Goeglein.
Mike Smith served as Master of Ceremonies. Congressman Pete Hoekstra of
Michigan, who received the Home School Freedom Award for his work in the
past Congress, provided an inspiring keynote address. Deputy Secretary of
Education William Hansen delivered a personal greeting to the gathering.
Secretary of Education Rod Paige, James Dobson, and Tim and Beverly LaHaye,
while not in attendance, also sent congratulatory messages. HSLDA Chairman
Mike Farris rounded out the celebration with remarks on the future of
homeschooling.
On Friday, attention shifted to the executive branch at a briefing across
from the White House. After presentations by Tom Washburne and Chris
Klicka, HSLDA Chairman Mike Farris addressed the group on a number of
issues. Doug Domenech, White House Liaison, U.S. Department of the
Interior, followed with an overview of the Interior Dept. Doug is a former
Director of NCHE who went to work for the Bush administration. Lori Yaklin,
Senior Advisor on Family Education Rights, U.S. Department of Education,
spoke of new changes at the Department, including the new Office of
Innovation and Improvement. According to Yaklin, look for the Department
to soon be "trumpeting" homeschooling. Joe Tafoya, Director of
the Department of Defense Education Agency, told how he worked closely
with Chris Klicka and HSLDA to help resolve the military issues with
homeschooling in bases overseas.
The Summitt concluded with Tim Goeglein, Deputy Director, Office of the
Liaison at the White House again bringing greetings from the President and
answering questions ranging from domestic policy to the nomination of
Miguel Estrada to the DC Court of Appeals. Tim also shared his conviction
that the timing of these events are not by accident. The
President is a man of faith and very appreciative of the prayers offered
on his behalf from the homeschooling community.
(HOME's Executive Director Ed Green and wife Kathy attended the
Summit.)

UN Rebukes Britain For Failing To
Implement Children's Treaty
Last fall the United Nations published its observations on how the United
Kingdom of Great Britain and Northern Ireland has implemented the UN
Convention on the Rights of the Child (C/ROC). The Committee on the Rights
of the Child (CRC) gave consideration to the reports submitted by the
United Kingdom in September 2002 and published a response under article 44
of the Convention. This report is of grave concern to homeschool families
and is an example of how the Committee would seek to have control over US
policy if this treaty were ratified by America.
The UN seeks to push nations that sign on to
C/ROC to adopt radical measures on children's rights that would subvert
the right of parents to direct the upbringing of their children. Following
is a list of excerpts from the committee's report.
On Consideration of Children's Feelings in
Decision Making
The Committee on the Rights of the Child is "concerned that in
education, schoolchildren are not systematically consulted in matters that
affect them. The Committee notes that groups of children in the State
party expressed their feelings that their views are duly taken into
consideration." (Section 29)
On Corporal Punishment in Schools
"The Committee welcomes the abolition of corporal punishment in
all schools in England, Wales and Scotland following its 1995
recommendations (ibid., para. 32), but is concerned that this abolition
has not yet been extended to cover all private schools in Northern
Ireland." (Section 35)
On Corporal Punishment in the Home
"[T]he Committee deeply regrets that the State party persists in
retaining the defense of 'reasonable chastisement' and has taken no
significant action towards prohibiting all corporal punishment of children
in the family. The Committee is of the opinion that the Government's
proposals to limit rather than to remove the 'reasonable chastisement'
defense do not comply with the principles and provisions of the Convention
and the aforementioned recommendations, particularly since they constitute
a serious violation of the dignity of the child... Moreover, they suggest
that some forms of corporal punishment are acceptable, thereby undermining
educational measures to promote positive and non violent discipline.
(Sections 36 & 37)
"The Committee recommends that the State
party:
- With urgency adopt legislation throughout the
State party to remove the "reasonable chastisement" defense
and prohibit all corporal punishment in the family and in any other
contexts not covered by existing legislation;
- Promote positive, participatory and non
violent forms of discipline and respect for children's equal right to
human dignity and physical integrity, involving children and parents
and all those who work with and for them, and carry out public
education programs on the negative consequences of corporal
punishment." (Section 38)
On Sex Education
"The Committee is concerned that homosexual and transsexual young
people do not have access to the appropriate information, support and
necessary protection to enable them to live to their sexual
orientation."
The United Kingdom must "take further
necessary measures to reduce the rate of teenage pregnancies through,
inter alia, making health education, including sex education, part of the
school curricula, making contraception available to all children . . .
provide adequate information and support to homosexual and transsexual
young people." (Section 43)
On Private Education
The Committee advises the United Kingdom to "evaluate the impact of
privatization of schools on the right of children to education."
Conclusion
These recommendations are not surprising. They demonstrate why the Home
School Legal Defense Association opposes international treaties that would
place American domestic policy under international control. We believe
C/ROC is one of the most dangerous attacks on parental rights ever.
Fortunately the United States has not ratified this treaty and therefore
does not adhere to such recommendations. However, HSLDA will continue to
monitor any UN activity that would adversely affect family freedom in the
United States.