As you might have heard, there have been some important developments in the Long family's case.
When children have been determined to be dependents of the juvenile court, the juvenile court is supposed to hold hearings at least every six months to review the situation and decide, based on the family's situation at that time, whether it is appropriate for the court to continue to have jurisdiction. There had been some significant delays in holding these six month reviews in the Long family's case because of the writ petition that was filed (the original one that asked for the children to be placed in public or private school so that "mandated reporters" could keep an eye on them) and the subsequent appeal, but a new hearing was recently held. At that hearing, the new judge terminated jurisdiction, meaning that the court could no longer make any orders about the children, such as placing them in school.
We have been told that the father's counsel will immediately make the appellate court aware of this development. They will move to dismiss the petition pending in the court of appeal on the ground that the petition is now moot. In other words, the children are no longer under the jurisdiction of the juvenile court, and therefore any decision by the appellate court based on the two-year-old petition could not be enforced against the children.
I wish I could tell you what the appellate court will do, but I can't. We are looking into it, but don't have any answers at this point. Let's all hope they do what the Governor, Jack O'Connell, and virtually every attorney that spoke at the June hearing (other than one amicus group that usually represents public school kids, and we don't quite understand their hostility to homeschooling) asked the court to do, which was not to reach the homeschooling or constitutional questions.
As we hear more, we will let you know.
Debbie Schwarzer
Co-Chair HSC Legal Team
