Texas judge orders home schooled children removed from Christian parents’ home

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Texas home school families need to take note of this case. While the parents won, and should never have had their children taken, it is still an lesson in how the attitudes and beliefs of social workers can override the law. It seems to me that these judges and case workers need some kind of in-service training on home school laws.

Mr. and Mrs. Tutt are a Christian family who has their own children and foster children. They home school.  Unlike most couples, they are equipped to handle special needs children who are particularly difficult to place. They recently had a temporary placement, a small child with autism, who wondered off. While he was found a short way from the home (the father was looking for him) by a police officer, Child Protective Services (CPS) followed up the investigation with a home visit.

“According to a recent article from the Texas Home School Coalition (THSC), a CPS caseworker investigated the Tutt family’s home and concluded by saying, “There is no problem here.” However, the caseworker also remarked,“Nobody in their right mind would want to stay home all day with so many children!” and ordered Mrs. Tutt to enroll in parenting classes and take a psychological examination.
Despite the fact that Mrs. Tutt showed CPS workers numerous parenting class certificates and paperwork certifying her mental health, a local judge ordered the Tutts’ seven children to be removed from the home. In November, armed constables seized the children and kept them under government custody for nearly two months.”

The removal of the children was clearly illegal. Texas law precludes taking the childrenunless a clear  threat to the children. Furthermore, Texas law gives parents the right to home school. At the first hearing, the judge upheld CPS’s decision. The hearing lasted 8 hours and Mrs. Tutt’s faith and home school liberties were attacked.

“The hearing quickly devolved into a relentless attack on this family’s religious beliefs, community service, and right to home school their children—with no legal basis at all,” Lambert reports. “CPS attorneys berated Mrs. Tutt for not using a ‘state-certified home school curriculum,’ in spite of the fact that there is no such thing in Texas. The guardian ad litem denigrated her for not submitting documentation of her home schooling to the state on a regular basis, including state-mandated tests. This, of course, is not only not required, but there is no way for someone to do so in Texas.”

Even though no evidence of parental abuse or neglect was ever mentioned in the hearing or the original removal affidavit filed with the judge,  Judge Graciela Olvera ruled that the Tutts’ children should be kept under government foster care and not returned to their parents, based on CPS arguments about the children being home schooled. The parents were further ordered to take parenting classes, submit to psychological evaluations, drug and alcohol testing, and psychiatric tests.

The couple appealed the decision. The judge ruled that the state return the children. Based on the facts o the case, she determined that the children were removed due to homeschooling, not abuse or neglect. She overturned Olvera’s ruling, which was not based on abuse findings, but rather complaints about homeschooling.

The reversal is good news, but the warning here is clear. There is a generation of bureaucrats who simple don’t accept homeschooling. Christians need to be diligent and steadfast in upholding their rights.

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Contributed by Allison Martinez of The Free Patriot.

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  • Erin Tarn

    Why base this so heavily in religion? Many people home-school simply because they want to instill critical thinking skills in their children. Whether or not you practice religion in your home and/or in conjunction with education (it is your right to do so) isn’t really the issue at hand.
    Further, this article is well written but could have done without the exclusive warning to Christian families. The threat is equal to religious and non-religious families.
    Finally, this article brings to light the importance of home-schooling. Anything [moral] you do that angers the government must be good because they want ignorant, low-wage workers; not questioning, independent, well-rounded adults.

    • southernyankee05 .

      @ Erin Tarn… so true. Christians are being targeted but the threat is equal for all families. This is a very evil entity that has been operating in secrecy for decades now and they are more relentless now than they were thirty years ago. Just follow the money… and you will be able to see how this operation works. Now with common core on the table this will get worse. I wish the sheeple would open their eye’s and take a look around and educate themselves.

  • tormunkov
  • Lou Hodges

    I home schooled my kids, they all went to college, they’re normal as heck, and a little more successful than most high school grads. The judiciary is stacked with little communist lawyers and judges who are there to aid the implementation of Common Core, a communist inspired doctrine to teach communism in the schools. All the homeschoolers should pick up and move immediately from this jurisdiction. I moved five times. Rent, don’t buy. Get furniture from the thrift store. The only way to escape communism in America is to keep moving until they are gone.

    • john q publik

      its to late, they control every thing comerade. everything. be lucky amerski we let you live pretend freedoms. we make you drink vodka next. obama is putin puppet. he play how we say he play. now babaushka!! do svidanya comerade lou amerski.

      • Andy Fife

        Vodka for all Amerski who live hokey pocus freedom, Natasha and Boris Badenoff make life for squirrel very very bad….
        Stadeja, da svidanya comeradski

  • Andy Fife

    Simply deregister, that removes you from their pretend jurisdiction.
    for more details read: https://www.blogger.com/blogger.g?blogID=3182188856658838452#overviewstats/src=dashboard

    • Jordan


      Might want to post that on something other than blogger.com. Can’t see the page without signing in to google.

      • Andy Fife

        dunno how to do that. only time i ever tried a blog. thanks tho