California Homeschooling & CPS: Rights & Resources (An HSC Guide)

For many California homeschooling families, the fear of Child Protective Services (CPS) involvement can be a lingering concern. While homeschooling offers a rewarding and enriching educational path for many children, navigating potential interactions with CPS can feel overwhelming.


HSC aims to empower California homeschooling families with knowledge and resources to address these concerns. We'll explore a landmark California case ("In re Janet T., 2001") that provides valuable insights for homeschoolers, discuss your legal rights and protections, and offer strategies to minimize the risk of unnecessary CPS involvement.

Can CPS Investigate Homeschooling Families in California?


The short answer is yes. CPS has a legal responsibility to investigate all reports of child neglect, including educational neglect. However, homeschooling itself cannot be the sole reason for an investigation.


The key takeaway from the 2001 case "In re Janet T." is that California law protects your right to homeschool without fear of CPS intervention based solely on homeschooling. The court in this case ruled that lack of traditional school attendance does not automatically equate to neglect.


Understanding the "In re Janet T." Case (2001)


This landmark case involved a California mother who homeschooled her children. The children's lack of traditional school attendance triggered a CPS investigation and subsequent dependency petition. The court ultimately ruled in favor of the mother, establishing legal precedent for homeschooling families in California.


Key Points from "In re Janet T.":

  • Homeschooling is a legal educational option in California. Parents have the right to choose homeschooling for their children without fear of CPS intervention solely based on this choice.
  • The focus is on child well-being, not school attendance. The court emphasized that educational neglect can be a concern, but it must be demonstrably harmful to the child's well-being. Simply not attending a traditional school is not enough to justify CPS intervention.
  • The burden of proof lies with CPS. The agency must present evidence that the child's educational needs are not being met and that their overall well-being is at risk.


The "In re Janet T." case sets a clear legal precedent. However, it's important to remember that CPS investigations can be stressful and disruptive. Let's explore some additional strategies to minimize the risk of unnecessary involvement.

Minimizing the Risk FOR HOMESCHOOLERS of CPS Involvement


What to Do if CPS Contacts You?



  • Remain Calm and Polite: Even if the situation feels stressful, it's crucial to stay calm and respectful.
  • Know Your Rights: You have the right to ask for identification from someone claiming to be from CPS or law enforcement.
  • Do Not Consent to a Home Visit Without a Warrant: You have the legal right to refuse entry unless they present a warrant. While CPS workers may try to persuade you otherwise, politely explain your right to refuse and request the conversation take place elsewhere.
  • Seek Legal Counsel: If a warrant seems likely, or if the situation feels confrontational, immediately contact a lawyer specializing in homeschooling law and child dependency cases.


Equipping yourself with the knowledge of your rights and best practices is key to a smooth and rewarding homeschooling experience. By understanding the legal landscape and taking proactive steps to minimize risk, you can confidently navigate any potential interactions with CPS. Remember, California law protects your right to homeschool, and the "In re Janet T." case offers a strong legal precedent.


The Homeschooling Association of California (HSC) stands firmly behind your homeschooling journey. As a member, you'll gain access to invaluable resources, expert legal guidance, and a supportive community of fellow homeschoolers. Together, we can empower California homeschoolers and build a brighter future for homeschooling families in our state.

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