Parents win neglect case.

At about 7 a.m. on September 9, 1999, Mary Ann Stumbo of Kings Mountain, North Carolina, was about to dress her two-year-old daughter, Joani, when the child began chasing the family's new kitten. Moments later, the pet scampered outside, with the little unclothed "streaker" in pursuit. The toddler's absence was not immediately noticed, but within two or three minutes an older brother brought her back into the house.

A passerby who had observed the "naked, unsupervised" child in the driveway called the Cleveland County Department of Social Services (DSS). Within two hours, DSS investigator Tasha Lowery was knocking at the door of the Stumbo residence, demanding to interview the children in private.

Mrs. Stumbo tried to explain what had happened, but to no avail. She and her husband, James, were willing to be interviewed by themselves or with the children, but when Ms. Lowery continued to insist that she be allowed to interrogate the children privately, Mrs. Stumbo called the Home School Legal Defense Association (HSLDA) for help. She was told to deny Ms. Lowery's request, since there was no probable cause for either entering the home or conducting private interviews with the children.

Ms. Lowery did not press the issue further and left, but DSS subsequently filed a "Petition to Prohibit Interference with or Obstruction of Child Protective Services Investigation" in District Court for Cleveland County.

A hearing on the petition was held on September 27, 1999. On January 25, 2000, District Court Judge Anna Foster ruled that a child neglect investigation is not a "search," and that the U.S. Constitution's Fourth Amendment did not give the Stumbos a "lawful excuse" to refuse entry. She ordered the Stumbos to cooperate with the DSS, but the couple appealed to the North Carolina Court of Appeals, which placed a hold on Judge Foster's order until the appeal could be heard. On May 15, 2002, a divided court agreed that the DSS investigation was not a "search," and that the Fourth Amendment therefore did not apply.

The Stumbos appealed to the state Supreme Court, which, on July 16th of this year, ruled unanimously in their favor, holding that "a single report of a naked, unsupervised two-year-old in the driveway of her home does not trigger the investigative requirements" of pertinent state law. In a concurring opinion, three justices also agreed that the agency's request to interview the children violated the Fourth Amendment.

Writing for the full court, Justice Robert Orr asserted that "we have a report of a circumstance that probably happens repeatedly across our state, where a toddler slips out of a house without the awareness of the parent or caregiver--no matter how conscientious or diligent the parent or caregiver might be. While no one wants that to happen, such a lapse does not in and of itself constitute 'neglect'" under state law.

Jim Mason, litigation attorney of the HSLDA, described the state High Court's decision as "a great victory for parents in North Carolina," since it "means that families will be protected from aggressive social workers who are acting solely on the basis of anonymous tips."