What to Do IF CYFD Shows Up at Your Door by Brian Anastasio

Every homeschool parent is terrified of that unexpected knock on the door from Children, Youth, and Families Department (CYFD) because we have all heard stories about children being taken from a home for homeschooling or for housing “unsocialized homeschoolers.”
Think it is unlikely that a state worker would investigate a report of “unsocialized homeschoolers” in the first place? In West Virginia, 2016, this exact situation occurred. Most families that homeschool would think that this sort of charge would not trigger any type of investigation; however, it would if you view homeschooling as a form of abuse. Incidents like the suspected abuse in the homeschooled family with 13 kids in California make more people suspicious of homeschoolers. Many people do have this opinion and would like to increase regulation of homeschool families and require their homes open for inspection.
We homeschoolers know that we are radicals, and with that moniker comes many complaints on the anonymous hotlines. The social worker has an obligation to investigate these grievances.
Most homeschool parents have never received a visit, the dreaded knock, and are unfamiliar with how to avoid the most significant mistakes which occur on the first visit. If we can control the first encounter properly, our chances of a peaceful resolution are greatly increased. Here are 12 simple tips for your family to follow:
Take ANY visit by CYFD seriously. Be very cautious once a person has identified themselves as a social worker. They will often seek to take you by surprise and treat you as guilty until proven innocent.
Be polite and say as little as possible. Stay calm and stay polite.
Do NOT try to defend yourself. Do NOT volunteer any information.
Record the conversation. NM is a one-party consent state, which means that only one party to the conversation needs to consent to the recording. Phones have voice-recorder applications already installed. Do a quick search now to find yours.
Always get their business card. Request the name and phone number of their supervisor. Write it down on the back of the card.
Ask what are the exact allegations that have been made against you. Ask for the report so that you might read it yourself.
Ask for a copy of the list that the social worker is supposed to investigate. If no copy is available currently, request to see the list that agent has with them for your own review.
Do NOT let them into your home. Be nice but remain firm. If they insist, tell them you understand they are doing their job, but you are trying to protect your family from unnecessary trauma. The Fourth amendment protects you from illegal searches and seizures. Do not waive this right. If they insist, contact your attorney.
Ask if they have a warrant to search your home or speak to your children. If they do, read the warrant, and verify it was signed and dated by a judge.
Stay immune to their tactics. To enter your home or speak with your children they need your consent. They are doing their job, but their supervisor has instructed them to make the visit and get as much information as possible, potentially to be used against you. Tactics alternate between being nice, being firm, threatening you, and bargaining with you. Be nice, but know your rights. Do not engage them in any discussion, except on the questions above.
If they haven’t left at this point, politely tell the official that you are going to contact your lawyer and that you will call them back after you and your attorney discuss the situation. If the social worker still refuses to leave, then let them know that when you get your attorney on the phone, you will allow the official to speak directly with them. Go inside, close the door, and call your attorney.
Have an advocate. You can see in a number of these tips, that it might be crucial to have an attorney to assist with this high-stress situation. If you do not have an attorney that is well-versed in the New Mexico homeschool law and CYFD procedure, please consider Homeschool Legal Defense Association (HSLDA) www.hslda.org. If CYFD shows up at your door and you are an HSLDA member, simply call HSLDA before proceeding with CYFD.