The Convention

The Convention
Detective Robert R. Surgenor

In June of 2002, I had the distinct honor of attending, and participating in, the 18th annual CHEO convention in Columbus, Ohio. Aside from the fact that I thoroughly enjoyed the fellowship of thousands of Christian home educators, I met three distinct individuals that encouraged me to pursue my efforts in helping parents who wish to discipline their children in the manner prescribed by God, and to expose the illegal tactics used by the overzealous child abuse investigator.

On the second day of the convention, I was approached at the CHEO booth by a police officer from the Columbus Police Department. She was the sergeant in charge of the Columbus Police Department's Juvenile Crime Unit. That was, until the Franklin County Department of Children's Services charged her with Domestic Violence for spanking her nephew, of whom she was the custodian. The nephew went to school with a small bruise on his arm. Interrogated by a social worker, it was determined that the spanking caused the bruise. The DCFS then insisted that the police department charge one of their own. Relieved of duty, she was required to turn in her badge and gun. I was elated to be able to provide her with a copy of the Ohio case law that ruled Domestic Violence does not apply when a parent spanks a child. She was happy to hear that so far this year, twelve parents that I have worked with who were charged with Domestic Violence for spanking their children have all had the charges against them dismissed. The Columbus Police Department made a huge mistake listening to the insistent social workers from Children's Services. The improper arrest could cost the city a large amount of money!

I was also approached by a woman who identified herself as a local County Prosecutor. This woman told me the story of how she had spent a good portion of her career holding classes for child abuse investigators, teaching them how to get into homes without warrants. She knew that the DCFS was held to the same laws of search and seizure as the police department. However, she taught the social workers tricks about how to convince parents into letting them into their homes when there wasn't enough evidence to obtain a warrant. That was, until she decided to home educate her child. The DCFS then turned on her and accused her of child abuse. A demand was made by Social Services to appoint a special prosecutor in her case, and her position was threatened. Using the very techniques that she had taught them, social workers intimidated and threatened her with the removal of her child from the home. She was afraid that the DCFS would follow through on their threats, and succumbed to the demands of the social workers. She actually found out what it was like to fear the threats of the child abuse investigator. The very tactics that this prosecutor taught the DCFS were used against her. She actually believed the lie she had taught in class, "We can do this the hard way, or we can do this the easy way."

The third person that addressed me at the CHEO booth was not so friendly. After my lecture on Saturday, a man walked up to the booth to advise me that the information I was giving parents was wrong! He advised me that he had been taught that social workers do not need a warrant to enter a person's home against their will. He stated that child abuse investigators from the DCFS are not held to the same standards as police officers. He tried to tell me that if parents followed my advice, they were going to end up getting arrested. You see, this Christian home schooler was a social worker employed by the Cuyahoga County Department of Children's and Family Services. This man, like many other social workers, has been ill advised by his superiors that he has authority that he really does not have. The man told me that if he wanted to emergency remove a child from a home, it would be exempt from the laws of search and seizure because it would be considered an "emergency," no matter what the circumstances.

The social worker was wrong, and I told him that it would take a court case in the Appellate Court to make everyone realize it. Little did I realize that two major Federal Court cases in 2002 would change the face of child abuse investigations. On July 17, 2002, the Fifth Circuit Court of Appeals in Texas ruled that social workers are constrained by the Fourth Amendment when conducting child abuse or neglect investigations. The federal court decision is binding in Texas, Louisiana, and Mississippi. Like the social worker that argued with me at the CHEO booth, social workers in Texas argued with the Fifth Circuit Appellate Judges that their investigations are not bound by the Fourth Amendment rules of search and seizure. The Judges disagreed. The Court ruled that in order to enter a home, social workers, like police officers, must have a warrant signed by a judge, have the owner's consent, or there must be an IMMEDIATE threat to life or limb. These are the exact same guidelines I worked under during my career as a police officer.

Then in December of 2002, the United States District Court in northern Ohio ruled on acase where two child abuse investigators and two police officers used intimidation and threats in order to enter a home during a child neglect investigation. The parents file a civil rights lawsuit against the police department and County child abuse workers. The court ruled in favor of the family, and stated, "The Fourth Amendment's prohibition on unreasonable searches and seizures applies whenever an investigator, be it a police officer, a DCFS employee, or any other agent of the state, responds to an alleged instance of child abuse, neglect, or dependency." The court went on to say that the parties involved were no longer immune from liability. From now on, child abuse investigators in Ohio who violate an individual's rights can be sued.

Three visitors to the CHEO booth, with three very different stories about child abuse investigators. A suspended police officer that was wrongly charged with a crime by her own department at the encouragement of a social worker. A prosecutor intimidated by a social worker who learned the technique from a class given by the prosecutor. A social worker that is convinced that he has power that he doesn't have. The mess created by this controversial issue has torn families apart and destroyed the lives of many loving parents. My hope and prayer is that I will be involved in the Federal court case that will undoubtedly occur in the near future. A social worker is about to violate a family's Constitutional rights and will enter their home without a warrant. A father or mother will be arrested for spanking their child, which is legal in Ohio. I will receive a call on my hotline, and the wheels will be set in motion. Finally, a group of professionals will be able to testify in front of the United States Supreme Court, and settle once and for all the question of parental rights in America!