Heritage Defense

Nonprofit legal advocacy org defending God-given parental rights. How does your state rank? Find out your states law, and grade in our law, and policy vault ⬇️

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Why HOMESCHOOLERS should join Heritage Defense today!

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All forced removals, even short ones, are traumatizing for children and parents. A.C.S. acknowledges that many of its caseworkers have “experienced the toddler whose little fingers have to be pried off of her mother.” https://t.co/3OkmyW3ccS

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Member Story: Hostile neighbor reported us to CPS

For months, a neighbor had been harassing the Bonham family. The same woman had already been arrested twice for harassment, had threatened the family on multiple occasions, and had threatened more than once to call CPS. There was even an ongoing investigation with the sheriff’s department over her behavior.

Now, it seemed that she had followed through with one of her many threats.

Maria immediately called Heritage Defense.

One of our attorneys spoke with her right away and walked her through what to do next.

Our attorney asked whether the children were presentable enough to be brought outside so the investigator could see them. Maria was helping a couple of the youngers children finish dressing and confirmed that they were presentable.

Our attorney also asked Maria about the allegations. Maria said that she never pushed her children, but that raising six kids on an acre of land included occasional chaos, and there was sometimes some yelling.

With our attorney on speakerphone, Maria brought all of the children outside so the investigator could lay eyes on them.

The investigator read the allegations aloud, along with notice about Maria’s rights as a parent. She then asked Maria why she thought someone had reported her. Maria explained the pattern of harassment from her neighbor and the ongoing sheriff’s investigation.

When the investigator said she wanted to come inside the home to verify there was food, our attorney advised Maria to take photos of the pantry and refrigerator and show them to the investigator instead. Maria also walked the investigator over to show the fridge and freezer in the garage.

The investigator appeared satisfied and left.

Within a few weeks, Maria received a letter from CPS officially ruling out the allegations.

When the case was closed, Maria shared her experience with Heritage Defense:

“It’s been great. We’ve had two other instances where we had to deal with CPS on our own, and having Heritage Defense was so much less stressful than before. It was so much simpler, even for a mother of six.”

The Bonham family never expected to face a CPS investigation from a disgruntled neighbor’s false accusations.

But when the unexpected knock came, they did not have to face it alone.

Heritage Defense exists to ensure families do not have to navigate moments like these on their own.

If you are not already a member, learn how Heritage Defense can protect your family from a CPS investigation by clicking the link in our bio.

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When can CPS take a family to court?

Once CPS has completed their investigation, when can they take a family to court? How much evidence is required?

In part, this depends on the level of evidence legally required for CPS to substantiate a report of abuse or neglect.

To understand this, we must examine what substantiation means in the context of a CPS investigation and then review the various levels of evidence.

What is substantiation?

Once an allegation of abuse or neglect is screened-in, CPS initiates an investigation, which generally involves a home visit and interviews with the parents and children.

CPS will then make a determination based on their findings.

When, in the judgment of the investigator, CPS determines that abuse or neglect has occurred, they will mark the case as “substantiated” (or “indicated” or “determined” in some states) and usually file it with the court to seek a judicial finding of abuse or neglect. This court determination is called an “adjudication.”

Thankfully, most Heritage Defense cases end without being substantiated and never reach the court because CPS determines they are unfounded.

But how does CPS decide whether to substantiate a case?

What are the levels of evidence?

The three most common levels of evidence used in the law are beyond a reasonable doubt, clear and convincing evidence, and preponderance of the evidence.

Most people have heard of the highest level of evidence in the law: beyond a reasonable doubt, which is the standard used during a trial for a crime.

The intermediate level of evidence is clear and convincing evidence. It is generally used in civil trials in serious cases like custody and guardianship.

Of the three, preponderance of the evidence is the lowest standard, and it is typically used in civil trials. Preponderance of the evidence generally requires that an alleged fact be determined to be more likely true than not. It is essentially a 51% standard.

But, as explained above, substantiation does not occur at trial. Rather, it is an internal decision made by CPS. So while preponderance is the lowest level of evidence at trial, it is the highest level that states require for substantiation. Over half of all states require preponderance or its effective equivalent.

The rest of the states require a lower and often less definite standard ranging from “substantial” or “credible” evidence weighed under the totality of the circumstances all the way down to a “reasonable cause to suspect.”

Why does this matter?

The level of evidence limits social workers’ discretion when determining whether to take a family to court. At least one study has unsurprisingly found a correlation indicating that higher levels of evidence result in fewer substantiations.¹ Thus, higher levels of evidence would protect more innocent families and children from going to court unnecessarily. Therefore, states receive higher grades for stricter levels of evidence, and lower grades based on how much discretion is left with CPS.

At Heritage Defense, we are here to defend your parental rights and help defend against unfounded allegations from being substantiated.

Learn more about the substantiation level of evidence in your state by clicking the link in our bio.

Please note that the above article is not legal advice. Member families with further questions can schedule a consultation with a Heritage Defense attorney.

¹ Nicholas E. Kahn, Josh Gupta-Kagan, & Mary Eschelbach Hansen, The Standard of Proof in the Substantiation of Child Abuse and Neglect, 14 J. Empirical Legal Stud. 333 (2017).

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Testimonial from a Heritage Defense member. To join Heritage Defense click the link in our bio.

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Member Story: Two months after giving birth, CPS was investigating me for child abuse.

The Halberts had been so vigilant about caring for their newborn baby boy, Jacob.* Within the first two weeks of his birth, they had already gone to two checkups with his doctor and almost everything was looking great. However, since Jacob was below his growth curve for weight-for-age, the doctor suggested that they supplement the breast milk with some formula.

After six weeks of supplementing Jacob’s diet with formula and two more visits to the doctor, Jacob was ahead of the growth curve and the doctor said there were no further concerns about his weight. That’s when the Halberts were contacted by a CPS investigator.

The investigator said she had received a report that Jacob was underweight and injured (neither allegation was true), and she stated that she “needed” to come into the Halberts’ home and perform a home inspection. The CPS investigator also “needed” to interview the Halberts’ other children. The Halberts politely said they would need to talk with their attorney first. The Halberts are members of Heritage Defense, so as soon as the investigator had left, they called the Heritage Defense 24/7 line reserved for members with urgent legal situations (note: we do encourage members to call us as soon as CPS arrives and before answering any questions).

Once the Halberts had spoken with an attorney with Heritage Defense, Heritage Defense contacted the CPS investigator. In the course of those communications, Heritage Defense pointed out to the investigator that a home inspection or interviews with the other children had virtually nothing to do with the allegations.

“It’s protocol,” she insisted.

Heritage Defense then asked the investigator what questions she intended to ask the children.

“Just questions that our normal protocol requires, which includes how they are disciplined, if there are guns in the home, have they ever been sexually abused, do they get enough to eat, do their parents ever fight, etc.”

Heritage Defense pointed out to the investigator that none of those questions were related to the allegations and that pursuing the investigation in this manner treated the parents like they were guilty until proven innocent. After the investigator kept insisting on following “protocol,” Heritage Defense, on behalf of the Halberts, refused the home visit and the interviews. When the investigator threatened to go to court to get an order to inspect the home and interview the children, Heritage Defense made it clear that Heritage Defense would be there in court to fight it. Ultimately, though the investigator did prepare documentation to get a court order, the attorney for CPS refused to pursue it due to the lack of any evidence substantiating the allegations.

Once the opportunity to conduct an unnecessarily invasive investigation had been blocked, the investigator became much more reasonable. In the end, the family agreed to sit down with the investigator (with their Heritage Defense attorney) and allowed herto speak with Jacob’s doctor. Once that was done, CPS closed the case.

By the grace of God, the case was resolved without CPS ever stepping foot in the Halberts’ home or subjecting their children to unnecessary and traumatic interrogations, while the cost of their defense was provided by Heritage Defense.

The Halberts share their thoughts on the experience:
“We were blessed to join Heritage Defense near its inception. We joined because we wanted extra protection beyond what other homeschool organizations provided. Being a member of Heritage Defense gave us the peace that someone was watching our back as we raised our family in a Christian manner. The rubber really hit the road for us when a social worker showed up and wanted to come in our home and interview our children. From the moment we told her we had a lawyer and she took a step back, through the entire process, we were so glad we had joined Heritage Defense. Our Heritage Defense attorney walked with us and stood up for us and was able to help us get everything resolved with just a meeting with the social worker. We took it upon ourselves before we ever faced a social worker to learn what we could do to protect our family, and we encourage every other family to do the same.”

If you are a member of Heritage Defense, we hope it is an encouragement for you to know that your membership is going to help families like the Halberts. While we cannot guarantee outcomes, if your family is ever falsely accused of child abuse or neglect, we are ready to fight to defend you and your rights.

If you are not yet a member, please join today to have 24/7 access to experienced attorneys ready to defend your family.

This member story was originally published by Heritage Defense in 2018.

*Names changed for privacy

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Member Story: I got a call from CPS after tension with relatives.

The following account was written by a Heritage Defense member family we assisted.

Thank you for your help with our recent case. Our story began with a phone call from CPS, who cordially explained that they had received an anonymous tipoff with several allegations.

Though the caller was unknown to us, we had signed up for Heritage Defense some time prior, in part due to tension with relatives across broader situations.

Following the call with the CPS agent who requested we schedule a time to meet, I called Heritage Defense at the non-emergency line and soon had a meeting scheduled with a lawyer in our state.

We worked with credentialed friends and relatives to write letters documenting how we seek to raise our children to serve the Lord and prioritize their safety, well-being, education, and training with utmost priority.

Our Heritage Defense lawyer warmly supported our efforts and made himself available for questions and help throughout the hurried process before compiling them with photo documentation to respond to the allegations.

CPS continued to request a meeting after the documentation was submitted, at which point our lawyer spoke with the local deputy prosecutor about the next steps and then advised we decline to meet with CPS.

We received a letter closing the case within several days, dated a day or so after we declined the final meeting.

We are very grateful to the Lord for answered prayers, a cordial CPS agent, and the help that Heritage provided along the way. The CPS agent we dealt with seemed more reasonable than I anticipated given the many other stories of those who have fared worse, but nonetheless, this event led to much prayer and we were greatly thankful for Heritage’s support through the event.

Though we pray for no future such events, we plan to remain Heritage members for years to come, given the excellent counsel and moral support of having an intermediary to assist in communications with the county government. We encourage other families to join Heritage Defense, as trying to raise children with a Biblical perspective runs counter to culture. Heritage Defense has been a valuable tool for us in utilizing the blessed freedoms we have in this country to question government overreach.

If you are a member of Heritage Defense, we hope it is an encouragement for you to know that your membership is going to help families like this. While we cannot guarantee outcomes, if your family is ever falsely accused of child abuse or neglect, we are ready to fight to defend you and your rights.

If you are not yet a member, please join today to have 24/7 access to experienced attorneys ready to defend your family.

[Heritage Defense @heritagedefense]

Member Story: Teenage daughter calls CPS on parents

When their biological children had grown up and moved out of the home, Michael and Lisa Proctor* felt a call to rescue older foster children through adoption. They ended up adopting six older children out of CPS foster care, including a 7-year-old girl, Abigail, who had been labeled “unadoptable” by CPS because of her behavioral issues.

The Proctors struggled with Abigail for years. At the age of 15, Abigail began saying she wanted to see a counselor. As a former foster child, Abigail was eligible for a state-provided counselor, so the Proctors made her an appointment with one. The state counselor turned out to be a woman in her early twenties who, Michael and Lisa later found out, was struggling with her own mental health issues. Sadly, as the counseling sessions continued, Abigail’s already unstable behavior seriously declined.

Eventually, Abigail decided she wanted to become completely independent of her parents’ authority. Soon after, Abigail informed Michael and Lisa that she now identified as a homosexual. Shocked as they were, Michael and Lisa told her they still loved her but refused to affirm her sinful behavior. They did not expect what happened next.

To retaliate against her parents for not affirming her sin, and to pursue her goal of complete independence from them, Abigail reported Michael and Lisa to CPS. Abigail claimed that Michael and Lisa had emotionally abused her and that it was making her suicidal, in spite of the fact that the Proctors had just taken Abigail to an evaluation by a mental health facility and the doctors there had cleared her.

Being members of Heritage Defense, as soon as the Proctors were contacted by CPS, they called Heritage Defense and were immediately connected with an attorney.

After Abigail’s report, CPS opened an investigation and was demanding to come into the Proctors’ home and separately interview each of the Proctors’ children alone. However, because their other adopted children had come through CPS foster care, the Proctors knew that letting CPS in for interviews would trigger serious trauma for them. These children had already been through multiple removals by CPS in previous homes, and re-awakening those memories and fears was not in their best interest. Moreover, the Proctors believed the interviews were completely unnecessary–the allegations were false and had nothing to do with the other children. The Proctors had worked for years to give their adopted children a sense of safety and security, and they did not want a vindictive CPS report destroying that in a moment. However, CPS kept pushing.

Heritage Defense’s attorney handled 100% of communications with CPS. He explained how completely unnecessary these interviews were and the negative effect they would have on the children. The attorney provided CPS with pictures of the family, pictures of the home, and reference letters from friends who were close to the Proctors. Even the CPS social worker who had helped Michael and Lisa go through the adoptions vouched for them.

In the meantime, Abigail had recanted and apologized for making a false report. Even more, she said, “I’m not a lesbian. I don’t want to leave. I love you.” While not all of the behavior issues were over, this was a huge encouragement for Michael and Lisa to hear from Abigail.

After the advocacy by Heritage Defense, the next contact from CPS was two months later. It was a letter stating that the allegations were deemed unfounded and the case had been closed.

Michael shared this about their experience:

“CPS opened a case and wanted to interview all of our kids. We talked to our kids and none of them wanted to talk to CPS, they feared CPS and wanted nothing to do with them. We called Heritage Defense and from that point on we told CPS that they have to talk to our lawyer and Heritage handled everything. We later got a letter from CPS saying the case was closed. We are so very grateful to Heritage, you guys saved us from all the stress and pain. God bless you all.”

If you are a member of Heritage Defense, we hope it is an encouragement for you to know that your membership is going to help families like the Proctors. While we cannot guarantee outcomes, if your family is ever falsely accused of child abuse or neglect, we are ready to fight to defend you and your rights.

If you are not yet a member, please join today to have 24/7 access to experienced attorneys ready to defend your family.

*Names changed for privacy

[Heritage Defense @heritagedefense]

Member Story: I was reported for too few prenatal visits

Paul and Carol White* were very excited about the upcoming birth of their fifth child. Since all their previous children had been born at home, they planned to do the same with this delivery.

However, due to some potential complications spotted during an ultrasound, Paul and Carol changed their mind and decided to do a hospital birth.

Everything was going according to plan. Carol had gone into labor on schedule; she and Paul checked into the hospital; their baby boy was born; and everyone was healthy and happy.

However, once the Whites told the hospital how many prenatal visits they had done, the joyful atmosphere quickly took a turn.

While filling out paperwork after the birth, Paul mentioned that the pregnancy center they were using had closed down a few weeks before Carol’s due date. Since the delivery date was so near, Paul and Carol had decided not to try and find a new agency.

After hearing this, the hospital told Paul that they had filed a report with Child Protective Services. Their exact allegation was “Not enough prenatal visits.”

The hospital also told Paul that he and Carol were not allowed to leave the hospital yet with their baby.

Paul, alarmed at this sudden turn of events, quickly called Heritage Defense. We then engaged one of our local contact attorneys to handle the case.

The local attorney reached out to Paul and Carol. Paul told the local attorney that he had scheduled a follow-up appointment with a pediatrician to help satisfy some of the hospital’s concerns.

The local attorney advised Paul to let the hospital know this right away, since it should help alleviate the hospital’s main concern.

Paul spoke with the hospital about the appointment with the pediatrician. After hearing this and watching Paul’s and Carol’s care for their baby, the hospital told the Whites that they felt the baby was safe with his parents and that they would be discharging them the following day.

Paul relayed this to the local attorney, who then contacted CPS and updated them about the appointment with the pediatrician and that the hospital was discharging the family.

CPS responded to the local attorney, telling him that they still wanted to conduct a home visit and do an interview with the parents.

The local attorney made it clear to CPS that since the hospital did not think there was any abuse or neglect taking place, it seemed obvious that there was no need for CPS to investigate further. The attorney firmly declined the home visit and the interviews and requested that CPS close the investigation.

Only a short while later, CPS contacted the local attorney again to notify him they would be closing the case.

Paul and Carol gave their thoughts:
“Our local attorney was amazing. He did such a great job. He was extremely helpful and explained everything very well. The hospital made a report. The reason for the report was basically that we had not had enough prenatal visits. The hospital was saying some pretty crazy stuff about us not being able to leave. Y'all really bring peace of mind."

If you are a member of Heritage Defense, we hope it is an encouragement for you to know that your membership is going to help families like the Whites. While we cannot guarantee outcomes, if your family is ever falsely accused of child abuse or neglect, we are ready to fight to defend you and your rights.

If you are not yet a member, please join today to have 24/7 access to experienced attorneys ready to defend your family.

*Names changed for privacy

[Heritage Defense @heritagedefense]

Member Story: Our soccer coach called the police on us

Speaking with the police was the last thing Michelle Woods* expected at her daughter’s soccer game.

But that is exactly what happened.

Earlier that week, her 8-year-old daughter, Grace, had been at her homeschool co-op, where Michelle volunteers in the nursery. While playing on the swing set during recess, Grace’s name tag lanyard got caught under her neck as she jumped off the swing, leaving what looked like a rope burn.

Michelle had not seen it happen, but several other co-op adults had. When they saw the mark, they immediately informed Michelle of what had happened.

Grace was fine. No major injury. No pain. Just a red line on her neck and a story to explain it.

By the weekend, the incident was almost forgotten, until Grace’s soccer coach (a mandatory reporter) noticed the mark.

Without asking what happened, without calling Michelle, and without speaking to any of the other adults who had witnessed it, the coach assumed the worst and made a report.

Michelle had no idea.

So when two police officers approached her at the soccer field, she was completely blindsided.

The officers told her they were responding to a concern about an injury to her daughter. Michelle was shocked, but stayed calm.

She explained what had happened at the co-op, exactly as it had been explained to her.

The officers asked to take a photo of the injury, but Michelle, caught off guard, declined. She did not know what was going on, and did not know what to do.

The officers confirmed her name, phone number, and address. Then they left, telling her that there might be a follow-up investigation.

Michelle immediately called Heritage Defense.

One of our attorneys walked her through the following steps, recommending that she take a picture of the mark. Our attorney explained that we do not know whether it will be needed, but that it would be good to have.

Our attorney also said that it would be very helpful to obtain written statements from the co-op adults who witnessed the incident, ideally via text or email, and to ask them to include their phone number in case the authorities have questions.

Our attorney also informed her that she might hear back from either the police or CPS, but that if CPS became involved, she should call us immediately.

Still on the phone with our attorney, Michelle realized she had saved the police officer’s contact info.

Our attorney told Michelle to contact the officer immediately and offer to send him the photo of the injury and the statements from the other adults at the co-op. Or, if the officer needed to come in person to get the information, that would be fine as well.

Michelle called the officer and told him she now felt comfortable letting him take the photo. The officer came out and took the picture. By that time, Michelle had received several statements back from the other parents and teachers at the co-op, which she gave him.

A couple of days passed.

Then Michelle’s husband, Tom, got a call from the officer that the case was being closed.

The officer said the evidence clearly matched what Michelle had described. The injury was accidental, and the allegations were unfounded.

Michelle shared her testimony about the case.

“It was ridiculous. It was horrible. But I'm very grateful to Heritage Defense, because without your help, I don't know what would have happened or how it would have gone. Thank you so much!”

If you are a member of Heritage Defense, we hope it is an encouragement for you to know that your membership is going to help families like the Woods family. While we cannot guarantee outcomes, if your family is ever falsely accused of child abuse or neglect, we are ready to fight to defend you and your rights.

If you are not yet a member, please join today to have 24/7 access to experienced attorneys ready to defend your family.

*Names changed for privacy

[Heritage Defense @heritagedefense]

Member Story: Medical neglect for transferring to a new hospital?

“Should you feed her that? We don’t think her body can handle it.”
Jason and Amy Hawkins* watched helplessly as the pediatric hospital staff started the feeding tube. Their 16-year-old daughter Alyssa had cystic fibrosis and standard hospital protocol did not meet her dietary needs.

But the hospital would not listen.

“How much are you feeding her?” Amy demanded.

“4,000 calories” was the reply.

“But that’s twice what she normally eats!”

Alyssa’s intestines began to shut down.

Jason turned to his wife, “We need to get her to a different hospital.”

They tried, but it didn’t go like they planned.

Previously, Alyssa’s wisdom teeth had been removed. Instead of recovering normally, though, her health declined. When Alyssa stopped eating or even walking, Jason and Amy rushed her to the emergency room.

Her condition kept deteriorating, so the ER transferred her to a pediatric hospital in a nearby state. Unfortunately, the new pediatric hospital apparently mishandled her food intake, wrecking her digestion.

Disturbed by what they felt was incompetence by the pediatric hospital, Jason and Amy found a top gastrointestinal (GI) hospital in another nearby state.

Though the pediatric hospital refused to discharge or transfer Alyssa, the Hawkins believed it was in her best interest to leave anyway and take her to the GI hospital.

When they left, Amy immediately drove Alyssa toward the GI hospital while Jason notified the pediatric hospital’s cystic fibrosis team so they could communicate with the GI team. Yet instead of cooperating with Alyssa’s transfer, the pediatric hospital told Jason they had reported the Hawkins to CPS for leaving AMA (“against medical advice”).

Jason tried to explain that Alyssa was just transferring to another hospital, but they wouldn’t listen. The CPS investigator then called Jason.

Shocked and concerned, Jason called Heritage Defense and was quickly connected with one of our local attorneys. The attorney contacted CPS, which initially responded aggressively and demanded access to perform an intrusive investigation.

However, the attorney explained that Alyssa’s parents were not neglecting her. In fact, they had already arranged for her admission to the GI hospital, which was ready and willing to provide Alyssa the necessary treatment. Once CPS had confirmed that Alyssa was truly at another hospital receiving care, and that the other children were safe, the attorney got CPS to agree to close the case.

Alyssa is now doing much better.

If you are a member of Heritage Defense, we hope it is an encouragement for you to know that your membership is going to help families like the Hawkins. While we cannot guarantee outcomes, if your family is ever falsely accused of child abuse or neglect, we are ready to fight to defend you and your rights.
If you are not yet a member, please join today to have 24/7 access to experienced attorneys ready to defend your family.

*Names changed for privacy

[Heritage Defense @heritagedefense]

Member Story: CPS and police investigate an innocent fall

The day of the incident started like any other for Sandra Livingston and her two sons, six-year-old David and four-year-old Levi. Sandra had gotten the boys dressed and was in her bathroom getting ready for the day when she heard David calling for her from the boys’ bedroom.

Sandra ran into the room to find Levi had climbed up on the window sill between their bunk beds and fallen out due to a missing window screen. Thankfully the window was only four feet off the ground, but it was above a concrete sidewalk.

Levi seemed like he would be okay, but Sandra wanted to be sure. She called her husband Jack to let him know she was taking Levi to the hospital to be checked out.

Jack met them at the hospital, where Doctors examined Levi. While Levi was being examined, a CPS worker entered the room and started asking Jack and Sandra questions. The worker told them that the police were visiting the house, then left.

Sandra was a member of Heritage Defense and quickly called the 24/7 emergency hotline. She was promptly connected with an attorney. After Sandra explained the situation, the Heritage Defense attorney told her he was going to contact one of their local attorneys in her area and get him on the case. The local attorney called CPS and let them know he was representing the Livingstons. Heritage Defense covered all of the local attorney’s fees.

Levi appeared to be fine, so the hospital soon released him.

A few days after the incident, CPS contacted the attorney and asked for a home visit. The family agreed to do it but with their attorney present.

CPS came to the home and met with the family and the attorney. After asking some questions and looking at where the fall happened, the CPS investigator told the attorney that the case would be dismissed. Sandra and Jack felt a huge weight lift from their shoulders upon hearing this.

Sandra gave her feedback on the case:

“I felt like everything was great. I don’t know how we would have dealt with it without the local attorney because he obviously knew things we didn’t. He drove hours to be there in person. The kids loved him. I don’t know how things would have gone without Heritage Defense helping us. It made it much less stressful, definitely. It could have been a lot worse.”

If you are a member of Heritage Defense, we hope it is an encouragement for you to know that your membership is going to help families like the Livingstons. While we cannot guarantee outcomes, if your family is ever falsely accused of child abuse or neglect, we are ready to fight to defend you and your rights.

If you are not yet a member, please join today to have 24/7 access to experienced attorneys ready to defend your family.

*Names changed for privacy

[Heritage Defense @heritagedefense]

Member Story: From home birth to hospital to CPS report

Ryan and Kelly Kingston* were expecting their newest baby boy and Kelly wanted to have a home birth.

Everything with the labor and delivery went smoothly. Baby John made his arrival on schedule, healthy and doing great. However, when Kelly’s bleeding did not stop, they immediately went to the ER. When the three of them got to the hospital, Kelly was quickly admitted and stabilized.

The hospital staff wanted to admit the baby as well, but Ryan did not see a need for that. John was doing wonderfully. Ryan had only brought the baby so he could be close to his momma. Ryan told the doctors that there was nothing wrong with John and that he had eaten, gone to the bathroom, and was doing great. The staff were clearly not happy with that answer, but Ryan would rather the baby stayed out of the hospital, especially when there was nothing wrong with him.

Kelly was improving well, but the doctors wanted her to stay for observation. When it became evident that Kelly was not going to be released very quickly, Ryan asked two of his adult daughters, who were both in their twenties, to take John home. After he did, Ryan noticed that the hospital workers seemed concerned and were talking amongst themselves. He became concerned they were going to call CPS, so Ryan slipped out and called the Heritage Defense 24/7 emergency hotline.

Ryan was connected with a Heritage Defense attorney and explained the situation. The attorney explained the various possibilities of what could unfold. Afterwards, Ryan and Kelly talked about it and decided to bring John back to the hospital to try to avoid an unnecessary CPS investigation.

Ryan brought the baby to the hospital, but soon afterwards one of their adult daughters called the Heritage Defense attorney and said that someone was driving by their home taking pictures of the house.

The Heritage Defense attorney then promptly contacted a local attorney in their area and assigned him to the case (the local attorney’s fees were paid for by Heritage Defense).

Shortly after that, Ryan called the Heritage Defense attorney again and said that a CPS worker had just come into their hospital room and was trying to question them. The Heritage Defense attorney asked the CPS worker to step out of the room while he consulted with Ryan and Kelly and informed them that they were not obligated to answer any questions.

He then called the local attorney, Bruce, and got him on the line as well. Bruce told Ryan that he was not required to answer any questions until Bruce was present. Bruce told Ryan not to answer any questions and to ask the worker for her business card so Bruce could contact her. After Ryan told this to the social worker and got her card, she left. That day and several times after, Bruce tried contacting the social worker, but neither he nor the Kingstons ever heard from her again.

Ryan expressed his heartfelt thanks to Heritage Defense:

“It was a really good feeling just being able to pick up the phone and call a lawyer for $19 a month. I do not know why you guys do not charge more. You cannot even put a price on it. If we didn’t have you guys, we would have been powerless. Who knows what would have happened?”

If you are a member of Heritage Defense, we hope it is an encouragement for you to know that your membership is going to help families like the Kingstons. While we cannot guarantee outcomes, if your family is ever falsely accused of child abuse or neglect, we are ready to fight to defend you and your rights.

If you are not yet a member, please join today to have 24/7 access to experienced attorneys ready to defend your family.

*Names changed for privacy

[Heritage Defense @heritagedefense]

Member Story: CPS came, then the police.

One evening, Eric and Ashley Mackenzie* were getting ready to put their three children to bed when they unexpectedly heard a knock on the door. Eric answered the door, and was shocked at what he heard.

“I’m from the Department of Social Services, and we’ve received a report of neglect of your children.”

The CPS investigator went on to say that the allegations claimed their children were not being properly educated and that they were missing meals.

Eric remembered the instructions that Heritage Defense had given them in their membership packet, so he told the investigator, “One moment while I get my attorney on the phone.”

He stepped back inside and told Ashley, “It’s a social worker.”

Ashley quickly grabbed her phone and, heart pounding, called the Heritage Defense emergency hotline. She explained the situation and was promptly connected with an attorney. Attempting to further familiarize himself with the situation, the attorney asked if they had any idea who might have reported them. Ashley said she suspected her mother-in-law, who had been vocal about disagreements with their family.

When the Heritage Defense attorney got on the phone with the social worker, she told him that she wanted to interview the children and the parents separately. He responded that she could lay eyes on the children, but he was not going to advise the family to agree to any interviews without a local attorney present. At that point, the social worker became angry and called her supervisor, who threatened to call the police to do a wellness check. Following the advice of the Heritage Defense attorney, Eric and Ashley stood firm in denying the interviews.

Once the police arrived, the Heritage Defense attorney informed the officers that the family was not consenting to interviews of their children, but the family would allow them to step inside briefly to see there was plenty of food and that everything looked fine. Afterwards, Eric and Ashley also explained that the other allegations were completely false. Satisfied, the police told the social worker they were done there and they all left.

Eric and Ashley went back inside and sat down as their adrenaline slowly subsided. Still on the phone, the Heritage Defense attorney explained what was going to happen next. He said the next morning he would call and assign an attorney in their area to the case, who would be paid for by Heritage Defense.

The next morning, Heritage Defense called the local attorney and filled him in on the details. The local attorney immediately sent a notice of representation and the applicable rules of representation to the CPS investigator.

For a couple of months, the Mackenzie family tensely waited, yet heard nothing from CPS.

Then, around three months after that nightmarish evening, the Mackenzies received a case-closing letter from CPS.

Eric and Ashley poured out their heartfelt thanks to Heritage Defense for standing by their side the entire way:

“Heritage Defense was a godsend when a DSS worker came to our door with very serious false accusations from a disgruntled family member. [The Heritage Defense attorney] was there for us when we desperately needed his help. While on the phone, he walked us through the entire process with the case worker. A very scary and seriously traumatizing event for our entire family was handled with such professionalism and guidance. Also, the [local] attorney appointed to our case helped us out every step of the way and gave us comfort and affirmation that our situation would be resolved; he prepared us for the worst but with humor. He managed things very well. Without him, we would have been in lots of trouble. Having a fellow Christian attorney stand beside you, praying for you and working on your behalf, is an absolute answer to prayer. I would highly recommend Heritage Defense to any Christian family. You guys are all famous at our church now. We will continue to be members, for sure. Especially in today’s world, where Christianity is more and more hated by the secular world, we look forward to sharing our positive experience with other believers.”

If you are a member of Heritage Defense, we hope it is an encouragement for you to know that your membership is going to help families like the Mackenzie’s. While we cannot guarantee outcomes, if your family is ever falsely accused of child abuse or neglect, we are ready to fight to defend you and your rights.

If you are not yet a member, please join today to have 24/7 access to experienced attorneys ready to defend your family.

*Names changed for privacy

[Heritage Defense @heritagedefense]

Member Story: Someone accused us of starving our children

Andrew and Melissa Bardwell were at home with their children when a Child Protective Services investigator suddenly arrived at the family’s door.

The investigator told Melissa that they had received a report claiming the Bardwell children were being neglected. According to the allegations, the children were pale, had no food in the home, and were required to work in order to receive food.

Melissa and her husband, Andrew, knew the accusations were completely false. However, the CPS investigator was not interested in listening to them.

Melissa immediately contacted Heritage Defense by calling our 24/7 emergency hotline.

Our attorney stayed on the phone with Andrew and Melissa while the CPS worker was outside their home and helped guide them through the situation step by step.

After asking a few questions about the allegations, our attorney advised Andrew and Melissa to just allow CPS to lay eyes on the children. In order to do that, our attorney advised Andrew and Melissa to bring the kids onto the porch and not allow the investigator into the home.

Our attorney also suggested that Melissa take some pictures of their pantry and fridge to show the investigator that they had plenty of food.

Andrew and Melissa brought their children out onto the porch so the caseworker could see them.

The investigator reviewed the photos of the fridge and pantry and appeared satisfied with what she saw.

After CPS left, our attorney told Andrew and Melissa that he thought CPS would be satisfied with what they found and would close the case without taking any further action.

Within the following week, Andrew and Melissa were informed that the case had been closed.

As a precaution, Melissa later scheduled well-child visits with their pediatrician for several of their children. Their doctor confirmed that the children were healthy and developing normally.

When the case was officially closed, Melissa shared her experience with Heritage Defense:

“It's worth its weight in gold just to have an attorney on the phone when something like this happens. When CPS shows up at your door, it is so unexpected. You are never ready for that knock. Having someone guide us through what to say and what to do made all the difference. I'm very thankful.”

The Bardwell family never expected CPS to show up at their door over accusations that were completely untrue.

But when the unexpected happened, they were grateful they did not have to handle it alone.

For families who are not members, a knock from CPS can raise immediate and difficult questions:

Heritage Defense exists to ensure families do not face those questions alone.

Learn how Heritage Defense can protect your family from an unfounded CPS investigation.

[Heritage Defense @heritagedefense]

Supreme Court rules on parental rights

The United States Supreme Court recently issued a helpful opinion affecting parental rights on March 2, 2026. While the overall case is not final, the Court’s preliminary ruling in Mirabelli v. Bonta is significant for two reasons.

First, it places a harmful California policy on hold until the case is resolved. In this case, a California school district followed a deliberate policy of hiding students’ social gender transitions from their parents. One set of parents in this suit did not learn of their daughter’s transition until she attempted suicide. The Supreme Court’s order here prevents that harmful policy from being enforced for now.

Second, the opinion reemphasizes important parental rights precedent and indicates the Court’s willingness to uphold parental rights. While the case itself did not directly affect homeschoolers, the majority opinion affirmed that all parents are the “primary protectors of children’s best interests.” It also cited longstanding precedent to re-affirm that parents have “primary authority” in the “upbringing and education” of their children. The Court also explained that parents have the right not to be shut out of decisions for their child’s mental health, including for gender dysphoria.

A concurring opinion by Justice Barrett, and signed by Chief Justice Roberts and Justice Kavanaugh, emphasized that parental rights include the right to participate in “significant decisions about [their] child’s mental health.”

While this case lacks the legal significance of a final ruling, it is a win for parental rights. You can read the full opinion here: https://t.co/aw35Fatxdp.

[Heritage Defense @heritagedefense]

Caseworker admits to smoking fentanyl while working for children services

Police in Bucyrus say they may have saved a child’s life after stopping a Marion County Children Services caseworker who was headed to a home visit.

During the stop, the officers pulled bags of what they believed to be drugs from her car, and she admitted to smoking fentanyl.

Officers first received a 911 call about the caseworker’s car January 30. They were told the vehicle was “all over the road.” The caseworker identified herself as Erika Funfgeld, and she told officers she was working for Marion County Children Services and on her way to a home visit.

In body-worn camera video obtained by ABC6 Investigates, an officer asked Funfgeld, “Are you taking medication or anything that would make you kind of groggy?”

She responded, “No.”

An officer, believing Funfgeld was lethargic at the time, asked to search her. She responded, “Go for it.”

A K-9 then alerted officers to drugs in Funfgeld's car. In the body camera video, officers pulled two bags of what they suspected to be up to four grams of fentanyl from her car door and underneath her radio.

Funfgeld is seen breaking down and crying. She pleaded with officer say, “Please, please.”

In the video, an officer asked, “With you working for CPS, what makes you want to do fentanyl?”

Funfgeld replied, “I’ve had a problem in the past.”

Another exchange on the video included an officer asking, “What is this? What is this used for?”

Funfgeld answered, “Fentanyl.”

The officer asked, “What do you do with it?”

Funfgeld replied, “Smoke it.”

Asked how, Funfgeld said, “The straw.”

An officer also asked, “Do you have an addiction problem, or do you do it every once and awhile?”

Funfgeld responded, “Every once and a while. I’ve done it so long on and off that I don’t get high from it anymore.”

Before felony drug charges were filed, an officer said in the video, “She literally works around everybody who should be able to tell this is going on.”

Funfgeld was placed in an ambulance along with an officer who feared for his own safety from fentanyl exposure.

On the way to the hospital, Funfgeld became emotional, once again, and asked if she could go home. In the video, she said, “I had such a good future going for me. I just (expletive) it up.”

Marion County Children Services terminated Funfgeld days after her arrest, calling her actions "unacceptable." In an email to ABC6 Investigates, the county prosecutor's office stated, "Marion County Children Services notified the four affected families, conducted comprehensive case reviews, and established a process for the families to request an independent third-party review."

Funfgeld now faces three counts of felony drug possession in Crawford County. However, the county prosecutor told ABC6 that lab results on the drugs have yet to come in, and final fentanyl amounts could lead to increased felony charges. A man inside Funfgeld's listed address told ABC6 Investigates last week that she was in rehab.

Parents who had Funfgeld as a caseworker in Marion County contacted ABC6 Investigates regarding their own concerns, like the relationship she had with their children and if drug use was involved.

https://t.co/JniscqiUJ4

[Heritage Defense @heritagedefense]

What does CPS ask children in an interview?

Have you ever wondered what questions child protective services (CPS) asks children when they conduct an investigation?

Across the country, most CPS investigations begin the same way: a social worker asks (or demands) to talk to the parents, privately interview the children, and inspect the home.

In almost every case we handle, when the social worker requests permission to interview the children, we ask what questions they want to ask. CPS almost always gives us the same basic list of questions, which they call a "full" or "global" interview. In one case, the social worker sent us the list in writing.

“Here is [sic] the questions that are included in a general interview of children …
Name, birthday, if they enjoy school
Home environment – sleeping arrangement, lights, water, a/c, food to eat
Discipline – what happens when they get in trouble?
Domestic Violence – if any adults fight or hit each other in the home?
Medical – if they take any medicine or get to go to the doctor?
Substance Abuse – If they know what drugs are? If yes, then if they know anyone that use this? If they know what alcohol is? If yes, then if they know anyone that uses this?
Sexual Abuse – If they know the parts of their body that it is not OK for people to look at or touch? If they understand this then ask if anyone has touched them here or made them feel uncomfortable in this way? If they feel safe in their home? If they have any other problems they need help with?"

Please take a moment to imagine your own children being asked these questions.

While some questions cover basic information such as their name and whether their home has water, others involve highly invasive or mature subjects. Of course, there are situations where these questions may be completely appropriate, but those are the exception. Nevertheless, it does not matter what the allegations are or how irrelevant these questions are, a social worker will generally want to ask these questions in almost every interview with children.

In fact, in the case where the social worker provided the questions pictured, only one question (redacted) related to the allegations. All of the other proposed questions were completely unrelated to the allegations--they were a total fishing expedition. We ended up going to court to oppose CPS’ demands to ask these questions. By the grace of God, we won. The judge ruled that none of the children had to be interviewed at all, much less about such intrusive, private, and innocence-robbing matters that had nothing to do with the case in the first place.

This is one reason why we stress the importance of having an attorney. It is not just to protect your rights and to keep your children from being wrongfully taken away from you. It is also to protect your children from being unnecessarily subjected to interviews with questions like these.

[Heritage Defense @heritagedefense]

Member Story: My daughter's soccer coach called the police on us

The following account was written by a Heritage Defense member family we assisted.

I am so grateful I am a member of Heritage Defense.

On a Saturday morning, I was packing up my chairs after my daughter's soccer game when a police officer approached me. I instantly knew what it was about.

Earlier that week, my 8-year-old daughter had an accident at our homeschool co-op. She wears a nametag on a lanyard around her neck, and while she was swinging on the playground, the lanyard got caught on the swing and wrapped around her neck.

Her teachers saw it happen and were able to untangle the lanyard quickly. She was alright, the injury was superficial, but she was understandably shaken. They brought her to me in the class where I was helping, and I applied burn cream to her neck. She felt better right away.

My daughter was excited about her soccer game on Saturday and was well enough to play. My husband was with our oldest son, so it was just me and the other children at the game.

After the game ended, that's when the police officer approached me. He said someone was concerned about the injury on her neck and had called to report it. I calmly explained what had happened and asked who had called. He told me it was my daughter's coach.

The officer wanted to take a photo of the injury, but I told him I didn't want to do anything until I spoke with my attorney.

On my way home, I called Heritage Defense for help. The lawyer I spoke with was incredibly helpful and advised me to let the police officer take the photo. I immediately called the officer back and told him my attorney said to proceed with the photo.

We scheduled a time for him to come to our home. Thankfully, my husband was home by then. When the police officer arrived, we brought our daughter out to the porch for the photo.

The officer explained that we needed to get witness statements from the teachers at our co-op who had witnessed the accident. He wanted the statements delivered to the police station within a week.

One of the directors at our homeschool co-op provided me with contact information for my daughter's teachers. I was able to get their statements quickly and deliver them to the police station right away.

The next week, my husband received a call from the police officer informing us that our case had been closed.

Having Heritage Defense in our corner made all the difference when we needed it most.

If you are a member of Heritage Defense, we hope it is an encouragement for you to know that your membership is going to help families like the this. While we cannot guarantee outcomes, if your family is ever falsely accused of child abuse or neglect, we are ready to fight to defend you and your rights.

[Heritage Defense @heritagedefense]

Minors in the Front Seat

Children often ask to ride as front seat passengers.

Some states recommend that children sit in the back seat because it is generally safer (and even safer for most adults).

But some states go beyond merely recommending it. They require it by law.

So when may parents legally let their child ride in the front?

While the majority of states do not have a law regulating minors in the front seat, many state agencies have official recommendations, which usually parallel federal recommendations that advise children under 13 years old remaining in the rear seats. Most states also prohibit rear-facing car seats from being placed in the front seat with active airbags.

For states that do have laws, most provide an age threshold of 1-2 years, 8-9 years, or 12-13 years before children may legally ride in the front seat. Some also include weight or height requirements. Many of these states also provide exceptions for situations where all rear seats are already occupied by other younger children or where the vehicle does not have rear seats. When a child under the age threshold sits in front because of the exceptions, drivers are usually required to deactivate the front passenger airbag.

The most common penalty for violating the seating law is a fine ranging anywhere from $10 to $500. Fines often increase with subsequent violations. Some states also have additional penalties including drivers license points, community service, or even imprisonment.

Taking state law and recommendations into account, parents should use their best judgment to determine a safe seating arrangement for their children.

What is the law in your state for minors in the front seat?

Click the link in our bio to access our law and policy vault and find out!

[Heritage Defense @heritagedefense]

What are your rights when CPS knocks?

Most parents have wondered at some point: "If Child Protective Services (CPS) shows up at my door, what are my rights?" In some states, CPS is required to inform you of your rights, but not in every state.
The Legal Nature of CPS Investigations

A CPS investigation is fundamentally different from a criminal investigation. Courts classify CPS investigations as civil proceedings, which means the extensive constitutional protections guaranteed in criminal cases do not automatically apply. In criminal investigations, suspects benefit from robust due process protections, including safeguards against unreasonable searches and seizures under the Fourth Amendment. Additionally, the familiar Miranda warnings—which inform suspects of their right to remain silent and right to an attorney—are required only in criminal cases.

However, legal scholars and practitioners often describe CPS investigations as "quasi-criminal" in nature. This terminology reflects the serious consequences these investigations can have for families. Parents face allegations of potentially harmful conduct, and government officials possess the authority to remove children from their homes or even petition courts to terminate parental rights entirely.
Current Legal Protections and Their Limitations

The quasi-criminal nature of CPS investigations has sparked ongoing debate about whether parents should receive explicit notification of their rights during initial contact with social workers.¹ While virtually all states require CPS workers to inform parents of the specific allegations against them at the outset of an investigation, fewer states mandate that parents be told about their constitutional or other legal rights.

Parents do retain certain fundamental protections during CPS investigations. As we have noted elsewhere, the Fourth Amendment and state constitutional provisions protect against unreasonable searches and seizures, including those conducted by social workers. This means parents generally have the right to refuse entry to CPS workers who arrive without a court order or warrant. Additionally, anything parents say during these encounters can potentially be used against them in subsequent legal proceedings.

Unfortunately, only a minority of states have enacted specific requirements that CPS workers inform parents of these rights during initial contact. This leaves many families unaware of their options when facing a CPS investigation.
Practical Steps for Parents

When CPS arrives at your home, the most important step is to seek immediate legal representation. We advise member families to say, "Excuse me one moment while I contact my attorney," then step inside, close the door, and call us for legal assistance. This approach allows parents to understand their rights and options before making any statements or decisions that could affect their case.

Legal representation becomes crucial because CPS investigations can escalate quickly and have lasting consequences for families. An experienced attorney can help parents navigate the complex legal landscape, protect their constitutional rights, and work toward the best possible outcome for their children.
The Path Forward

While some states are gradually implementing stronger protections for parents' rights in CPS investigations, progress remains inconsistent across the country.

Regardless of whether your state requires CPS workers to inform you of your rights, understanding these protections beforehand can make a significant difference in how you handle an unexpected visit from social workers. Being prepared with knowledge about your rights and access to legal representation provides the best foundation for protecting your family during what can be an overwhelming and frightening experience.

Find your state's law and policy on Notice of Parents' Rights in our law and policy vault. The link is in our bio.

¹ See, e.g., Anna Belle Newport, Note, Civil Miranda Warnings: The Fight for Parents to Know Their Rights During a Child Protective Services Investigation, 54 Colum. Human Rights L. Rev. 854 (2023) https://t.co/Oyobn5Qodu.