“Our church reported us to CPS”
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Member Story: “Our church reported us to CPS”

Sunday School teacher reports to CPS

“I was awake SUPER late last night,” 5-year-old Madison told her Sunday School classmates.

“Even the big kids were already in bed!” she continued.

“I was singing, but then my daddy made me be quiet. He covered my mouth.”

The Sunday School teacher’s ears perked up.

Madison’s dramatic retelling of her evening escapades came to an abrupt silence as she put her hand on her mouth to demonstrate to her class the measures required to make her “be quiet.”

“Are you okay, Madison?” the teacher inquired, eyebrows raised. “Did it feel like your dad was suffocating you?”

The 5-year-old’s vocabulary did not yet include “suffocate,” yet motivated by the impression she seemed to be making, Madison nodded vigorously.

Alarmed, and perhaps remembering the child abuse recognition training required for all child care employees, the Sunday School teacher spoke with church leadership. They then instructed the teacher to report the incident, not to Madison’s parents…but to Child Protective Services.

Madison’s mother, Sarah, recounts...

There is nothing that can prepare you for the immediate feeling of a punch to the stomach when the voice on the other end of the phone says “I am with Child Protective Services and we have had a report of abuse filed against your family.

“We enrolled in Heritage Defense at the very beginning of our homeschooling career, over nine years ago. We were already members of a legal protection group specifically for homeschooling, but when Michael heard a representative from Heritage speak at a conference and explain that they were there for any other type of CPS involvement or investigation, he felt it would be worthwhile to have as well. 

“For those nine years, and through three moves in two different states, that little magnet lived on our refrigerator… a ‘just in case’. It never really occurred to us we would ever need to actually use that 800 number, but we paid our small payment each month just for the security of knowing it was there. Once in awhile we would re-evaluate if we needed to keep it up, but always decided it was worth having… ‘in case’.”
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The real story

Late one Saturday evening, Madison was out of her bed, speaking and singing so loudly that she was on the verge of waking up her three siblings. Her father, Michael, asked her to quiet down, but she just got louder.

“Honey… shh… shh…,” Michael finally whispered as he gently put his fingers on his rambunctious daughter’s lips. “You need to quiet down and get in bed or you are going to wake the others up.” Madison quieted down and went to bed. The following morning, she dramatically gave her Sunday School class, including her new teacher, the embellished recounting of what had occurred.


CPS Calls

The next day, on Monday, Michael and Sarah Bryson received a call from a CPS investigator informing them that a report had been made alleging that Michael physically abused Madison.

Every monthly payment we ever made became instantaneously worth it when we received that phone call on a November afternoon.

"Even in that moment of panic, Michael remembered everything he’d read from Heritage’s materials about what to ask, and what your rights were when confronted by CPS.”

Dumbfounded, the Brysons asked for more details, but the investigator refused to tell them anything more. Instead, she demanded to “see” the children and their home within 24 hours. As Sarah retells it, Michael “was able to keep a clear head, stay firm on the phone with the investigator, and, thanks to that nearly decade-old magnet on the fridge, have an attorney retained within literal minutes of hanging up with CPS.”
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Enter Heritage Defense

Michael told the investigator they would call her back, hung up, and immediately called Heritage Defense’s 24/7 line reserved for members with urgent legal situations. The Bryson’s were quickly connected with a Heritage Defense attorney who promptly contacted CPS on their behalf, got more details about the report, and called them back.

The attorney informed the Brysons that Michael was being accused of attempting to suffocate Madison and that the CPS investigator wanted to interview all of their children. Michael and Sarah were stunned. 

Through details provided by the CPS investigator to the attorney, the Brysons were able to guess the origin of the report. “There was one day last week when I shushed her and put my fingers on her lips,” Michael remembered. “Maybe that was it?” Later, they spoke with Madison who confirmed that she had told her Sunday School teacher an exaggerated version of what had happened.

Michael and Sarah were devastated that someone from their own church would report them without even seeking an explanation from them first. It seemed like everyone involved with making the report was just trying to cover themselves without considering what effect it might have on the Bryson family. Understandably, the Brysons felt betrayed.

To help them answer the allegations, multiple references provided letters to CPS vouching for the Brysons’ good character. Nevertheless, the CPS investigator still wanted to conduct interviews with the family. With the Brysons’ consent, the Heritage Defense attorney agreed on their behalf to an in-person interview with Michael, Sarah, and Madison—with the attorney present.
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Groundless accusations

Before the interviews, the attorney took the investigator aside and inquired what questions she intended to ask. She said she wanted to do a “global interview”, especially with Madison. The attorney informed the investigator that he would not be permitting questions beyond basic information and questions pertaining to the scope of the allegations. 

The investigator agreed to respect those limitations, but demanded to interview five-year-old Madison without her parents present. In response, the Heritage Defense attorney insisted on being present to observe and ensure the interview was kept within the bounds discussed.

“The feeling of protection and defense it brings to have an attorney who not only knows the law inside and out, and how best to protect your family, but also handles all communication with the investigator so you don’t have to, is immeasurable,” Sarah recollects. 

“Being under investigation by an agency who has the power to interrogate your children, investigate your home, and make all kinds of unnecessary demands is one of the most helpless feelings in the world."

Our Heritage Defense attorney was able to bring back a sense of control and security in a time when we felt powerless.

During Madison’s interview, she told the investigator what had happened, including that her father had “lightly” put his fingers on her lips for a couple of seconds to encourage her to quiet down. After just a few minutes of questioning, the investigator was able to determine that the entire situation was all quite innocent. 

In fact, the investigator herself even explained to Madison that it was okay for daddies to do that and that she should not have been loud while others were sleeping. At the conclusion of the interviews, the investigator made it clear that she would be submitting the case for closure.

But for over two months, no one heard anything from CPS. No letter closing the case. Nothing.

Although CPS in the Brysons’ state is required to send the families they investigate a closure letter, they very frequently fail to do so. So everyone just assumed the case was closed.
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The case is not closed

Then, more than ten weeks after the interviews, the CPS investigator sent the Heritage Defense attorney an email indicating that not only was the case not closed, but that the investigator needed to see Madison again, interview the other three children, and conduct a walkthrough inspection of the home. Moreover, if the Brysons were not in agreement, she said she had been advised to seek a court order to force the family to comply.

Astonished, the Heritage Defense attorney called the investigator to find out what was going on. She readily admitted that there were no new accusations and that the initial allegations were groundless and did not involve any of the other children or the condition of the home. The attorney firmly probed why there was any need to require these intrusive interviews and home inspections. The investigator explained that her supervisor and CPS protocol compelled her to ensure the other children’s safety even though she admitted it was never in question and the initial concern about Madison’s safety had been completely resolved.

“When CPS came back, after months of silence, during which time we hoped and prayed that our nightmare was over, he was thankfully there to immediately fight again on our behalf and get our case finally closed with no further trauma to our children.” 

After several conversations with the attorney over the course of almost a month, CPS ultimately agreed to close the case after the Brysons provided additional references and allowed CPS to lay eyes on, but not interview, Madison one more time at a neutral location. CPS was never allowed in the Brysons’ home or to interview their other children. Finally, the months-long investigation sparked by 5-year-old’s embellished story was ultimately closed.
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No one thinks they will be the ones reported. It would have never, in a thousand years, entered our minds that we could be turned in by our five-year-old’s brand new Sunday school teacher of all people.

“During the investigation, I told every friend I could to immediately sign up with Heritage Defense. CPS has far too much power, control, and authority, and the vast majority of families have no idea how to navigate this broken system when a sudden investigation turns your world upside down. 

“We are so thankful to our attorney for his compassion, guidance, and tireless effort on our behalf during these five months."

We will continue to be loyal members of Heritage Defense until our last child is out of the home.
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*Names changed for privacy
You may or may not already have legal protection for your right to homeschool, but what if a social worker knocked on your door and the allegation was not about homeschooling?

What if the social worker was there about something else, like a vaccination decision, an injury, an accident, a disagreement with a doctor/hospital, a young child outside unsupervised, a report by an angry neighbor or disgruntled family member, or any other false allegation of abuse or neglect? What would you do? Who would you call?

Since 2010, Heritage Defense has been providing member families with 24/7 direct access to experienced, Christian attorneys ready to protect your children and defend your parental rights on these and many more issues.

Membership with Heritage Defense also provides you an attorney beyond your initial call, including being with you for any meetings with CPS and representing you in court if needed… at no extra cost to you.

Your membership even includes phone consultations with our attorneys anytime you need answers to your parental rights questions.

And the peace of mind your membership gives you is only $21 a month or $210 a year.
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37% of children

will be involved with a CPS investigation by the time they turn 18

American Journal of Public Health: “Lifetime Prevalence of Investigating Child Maltreatment Among US Children”

Frequently Asked Questions

No. While Heritage Defense is not affiliated with or endorsed by HSLDA, we are extremely grateful for the heroic work of HSLDA and others in securing and safeguarding the right to homeschool and helping families navigate the homeschooling process. However, for child protective services (CPS) matters related to medical decisions, child discipline, and other non-homeschooling issues, HSLDA does not commit to assisting beyond initial contacts with CPS. Heritage Defense covers even non-homeschooling CPS matters for the whole case, including representation in court.

Yes. Issues with social services can arise at all ages. As long as your children who are “school-age” are educated at home, you can still join.

Yes. In addition to our staff attorneys, we have contact attorneys in all 50 states and D.C. to assist us in defending our members.

No. We handle social services cases, but if you are wrongfully accused and need a criminal defense attorney, we will help you find and work with one.

No. Our terms and conditions state, “We reserve the right to decline representation if, in our sole and absolute discretion, we believe that actual abuse, neglect, or other misconduct has occurred or is occurring, or that a conflict of interest exists. We condemn and will not defend child abuse.”

Membership is $21 a month or $210 a year.

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