The majority opinion did not address the Fourth Amendment issue of whether there was probable cause to order the parents to submit the Stumbo children to interviews. However, three justices issued a concurring opinion2 indicating that the Fourth Amendment applies in child abuse investigations. The three concurring judges held that interviewing children without their parents' consent does constitute a seizure, and thus the DSS must have credible evidence of abuse or neglect before a court may order parents to submit their children to interviews. Courts all across the U.S., including the North Carolina Supreme Court (in cases prior to Stumbo), have held that anonymous tips standing alone are not credible evidence.

The concurring opinion also held that social workers are state "actors" (agents) and therefore subject to the Fourth Amendment: " . . . the trial court apparently concluded DSS was not a government actor for purposes of the Fourth Amendment. This is legally incorrect."

TOOLS TO DEFEND FAMILIES ACROSS THE COUNTRY
While the North Carolina Supreme Court opinion is not binding in other states, it provides significant support for parents' rights cases across the country. "A respected court has said that social workers have to apply common sense and they have to apply the Constitution," said Farris. "When another situation like this arises, the Stumbo case can be cited as authority to a lower court to say, 'Look, don't make the mistake this lower court made.'"

"Every case we win gives us another tool in our legal toolbox and makes our work more effective," Mason explained. "If we compare the actions of the social workers in Stumbo to the actions of the social workers in the Calabretta case, we see a significant change. Rather than forcing their way into the home the way the Calabretta social workers did, the North Carolina social workers went to court to obtain authorization to interview the Stumbo children."

But as the North Carolina Supreme Court pointed out, the principle is not that social workers must first ask a court to rubber stamp their investigation, but that, without evidence, they aren't authorized to begin the investigation in the first place.

HOW DOES IT FIT INTO WHAT IS GOING IN THE COUNTRY?
Taking on a case like Calabretta or Stumbo is an important component in HSLDA's battle to protect families from social workers who don't understand or don't care about the Constitution.

"We don't want what happened to the Calabrettas to happen in other places," Mason said. "When families stand firm and God grants us victory in the courts, each decision more firmly establishes legal principles around the country."

Since Calabretta, several other courts have handed down decisions telling social workers the Fourth Amendment applies to them, too.

Even the United States Congress has recognized this problematic pattern of social workers not respecting citizens' rights. Congress just put another tool in HSLDA's legal toolbox. Recent amendments to the Child Abuse Prevention and Treatment Act (CAPTA), also known as the Keeping Children and Families Safe Act of 2003 (S. 342), mandate that social workers must be trained in Fourth Amendment rights. (See "President Bush signs 'Keeping Children & Families Safe Act of 2003'" on page 38.)