Our waiter called the police on us
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Member Story: Our waiter called the police on us

Scott and Nicole Gilmer* were looking forward to a nice dinner with their pastor and friends at a local restaurant. They left their two oldest children at home with their babysitter but decided to take their seven-month-old daughter, Sofia, with them to dinner.

The evening began cheerfully, and time passed quickly. Sofia’s head began to nod, and it was clear she needed a nap. The group was dining outside and happened to be sitting right next to the Gilmers’ car just a few feet away with nothing between. The temperature was very pleasant, so Scott thought it would be a good idea for Sofia to take a nap in her car seat while the group finished fellowshipping.

When the waiter brought their check, she asked them where the baby was. When Scott told her, she left without saying anything. Shortly afterwards, though, two police officers arrived at the restaurant. Scott explained to them that their car was right next to them and the temperature was very mild. The officers were very understanding and said they would recommend to their supervisor that no CPS report be filed.

The next day, Scott and Nicole called Heritage Defense and informed them of what had happened. In spite of what the officers said, the Heritage Defense attorney told them that law enforcement departments typically refer to CPS any report involving children, even when the officers do not actually believe any abuse or neglect occurred. The Heritage Defense attorney informed the Gilmers that Heritage Defense would go ahead and contact a local attorney to be ready in case something happened.
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The next morning, Nicole’s phone rang with an unknown number. After listening to the voicemail with dread, Scott and Nicole realized that it was CPS. They immediately called the Heritage Defense attorney and informed him of the call. The Heritage Defense attorney told Scott and Nicole that the local attorney’s fees would be entirely covered by Heritage Defense. Heritage Defense then got the local attorney involved, who reached out to Scott and Nicole.

Soon after, Nicole heard a knock at the door. Nicole immediately called the Heritage Defense emergency line. The Heritage Defense attorney told Nicole to tell the social worker that she has an attorney and to give the social worker the local attorney’s info. Nicole stepped outside and spoke with the social worker and gave her the local attorney’s info, telling her that he would be contacting CPS on their behalf.

Scott and Nicole called the local attorney and filled him in on what had happened. The local attorney told them that he would give his best effort to make sure they would not have to speak with CPS again. This would indeed be the last contact Scott and Nicole would have with CPS. The local attorney spoke with CPS several times in the following weeks. Before long, CPS contacted the local attorney, saying that they had found the allegations to be false and that they would soon be closing the case.
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The Gilmers expressed their heartfelt gratitude to Heritage Defense:
"When the social worker was here, I just kind of froze. Knowing that I had you on the phone was super, super comforting. And I could tell that once we said, “We have a lawyer,” they backed down a little bit. So I just recommend that everybody sign up for you. Any Christian homeschooling parent. I just think every family should sign up for it.”
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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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Get full legal representation in any case with child protective services; we cover all legal fees and expenses. Just have questions? There is no charge to talk with an attorney.

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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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The Vault covers subjects like:
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