WorldNetDaily is reporting that a woman in Utah stands on the brink of losing her children as a result of a paperwork mix up that may have been the district’s fault.
A homeschooling mom in Utah has been ordered by a judge to enroll her children in a public school district within 24 hours, and have them in class tomorrow, all because of a paperwork glitch that very well could be the fault of the district. WND
Very well could be. But we do not know. Either way, the response seems disproportional. Somehow we got from missing paperwork in a state fairly lenient to homeschooling to potential loss of custody, no chance for appeal and jail time. It sounds draconian. It also fits a common homeschooling fear: that somehow some technicality is going to bring in the state who is just waiting to snatch away our children. But the report leaves me with more questions than answers.
Rereading the article, I at first attributed the majority of my questions to poor reporting. There is contradictory information presented, I am not always completely sure what the reporter is talking about and the irrelevant references to Germany and Nazis serve only as a distraction. There is, however, a piece of information in this article which I believe to be more relevant than WND makes it out to be. The story changes if we take this paragraph and read it in isolation.
It seems that an affidavit she faxed to the local school district for the 2006-2007 school year, documenting her homeschooling plans, was lost by the district. So when she went to court with her juvenile son to have the charges dismissed (under a case held in abeyance procedure) stemming from a clash among children, she suddenly was presented with four counts against her for failing to comply with the state’s compulsory education requirement.
This case isn’t about homeschooling, nor educational neglect. Mafi’s son is entangled with the legal system for some unknown reason. “Clash among children” could mean anything, but she is in court on his account (apparently, here it means assault, but more on that at the end). Something happened to raise the attention of the state, and it wasn’t homeschooling. Contrary to the reporting, this wasn’t a complete surprise.
She thought she was meeting the court’s demands earlier when she enrolled her two youngest children in classes, and put her two older children in an online curriculum connected to the public school.
There is a thread here that seemed significant, although I’m not sure why. She faxed in her paperwork, received confirmation but lost it. She thought she was adhering to the court’s instructions but apparently wasn’t. I really would like to know the long story and not just what it boils down to.
A little searching revealed some more information, although most of it doesn’t really answer any questions. It does make you think about online privacy, but I found out Denise Mafi registered for a blog at Homeschoolblogger on August 29, 2007 under the ID “crazymomto4.” She never posted anything, nor any comments.
Crazymomto4 also began a blog on freewebs.com. This one has some information, but not much.
We are the Mafi family. We are a homeschooling family of 5 (mom and 4 children) living in a small town (pop. 250) in east-central Utah. We live in a high mountain desert. We are LDS, which is to say we are members of The Church of Jesus Christ of Latter-day Saints, commonly known as “the Mormons.” On this site we hope to share a little about our life, our church, our home and of course homeschooling.
There is a smattering of postings in some online forums, but nothing too revealing about the family or what struggles lead to this conflict with the law. She also opened an account with Aidpage, an internet site set up to help people in need connect with people who can help.
Hi!
I am a single mom of four children ages 9-14. I have MS and we are living on SSI. I need money to keep from losing my car. It is our only form of transportation. We live in a small town and most of the stores and services in our area are in a town about 35 miles form here.
Thanks,
Denise
Single mom, four children, limited income, serious illness. That is a scary situation to be in. But it makes a little more sense of the story, at least to me.
Then there is the forum connected to Five in a Row mentioned in the article. (Seriously I think this whole thing makes you think about privacy). I found the original quote referenced by WND and the advice to contact WND because maybe some media attention would help. She also posted a lengthier explanation of what is going on that makes more sense to me. Without independent corroboration from court documents, I cannot help but be a little suspicious of any information, but her explanation makes a little more sense than just an out of control judge who hates homeschooling. An excerpt:
Some people wonder if there is more to this case than I have posted. There really isn’t except what got us originally in court was my then 9yos hit a girl in the neighborhood and was charged with assault. My son has Aspergers’ Syndrome. This was the 1st and only time any of my children had been charged with a crime. He was give a plea in abeyance with the following stipulations-40 hours of community service, complete anger management, to do okay in school, and not to get in any more trouble for one year. He completed everything and the charges were dismissed. They took exception with the school part because I homeschool and the school district says it never received my affadavit last year.
The court is reacting to a lot more than missing paperwork. This paperwork is the proof she needs to demonstrate that her son followed the court’s orders to do well in school as part of the original stipulations.
I am glad it looks like UHEA is going to help in this situation. No matter what her specific situation is or what lead her to this point, she has a right to good counsel and that probably is the best place for her to receive it at this point and with her finances. I wish WND were a little better at reporting. And I would like to see the actual court documents. But I think she has taken a reasonable stance from this point forward: do whatever they say and seek wiser counsel.
Hat tip: Consent of the Governed, who also raises some questions.
Update: Conservativebelle has found a little on Judge Johansen. And in case you don’t already know, WND is reporting that Mafi has fled with her children to an “undisclosed location.”
Also: At the time of posting, I had found the information from the forums cited through an internet search. Five In A Row’s forums are publicly viewable, even without registration. The thread cited above, however, has been removed. Hence the link now asks for registration.
[tags]homeschooling, homeschool, Mafi, Utah[/tags]
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Excellent post!
Glad to hear that UHEA is going to help.
I felt that something was fishy about that article but didn’t have time to look into it. That makes a lot more sense.
Thanks for doing all that digging. Wow.
I must say that it seems to me that when a PS kids gets in trouble with the law, changing their educational environment is seldom part of the process. However, if a homeschooled child gets in trouble, it seems to be assumed that homeschooling is a factor and the child should be put into PS. Does anyone else see this, or am I delusional?
Yes, I can see how taking a Asperger’s child out of a homeschool and putting him into a public school (full of children who I am certain will be very understanding and considerate of his diagnosis) would be beneficial.
(Too sarcastic? I’m feeling a little snarly this morning. I’ll try again later.)
I agree Sunniemom. The public school is considered the standard, so if there are struggles, it is the solution. We have to prove ourselves, they do not.
That said, if the court ordered something, consequences are inevitable if that isn’t followed…and accompanying paperwork is going to be needed. It sounds to me as if she lost the proof that the orders were followed, and now the judge is suspicious.
I hope the state homeschooling association can get things sorted out quickly.
One thing is for certain: HSLDA is benefiting from this story! I read some of the discussion about this article yesterday, and people are saying things like, “HSLDA membership is a MUST for homeschoolers no matter what state you live in!” and “You’re a fool if you homeschool and don’t join HSLDA.”
I’ve seen that as well, Shauna.
HSLDA makes it seem incredibly urgent, but conflicts with the state really are rare. I do think that is due in part to the work HSLDA has done, and I am thankful for that.
If they focused purely on trying to make the laws more lenient to homeschoolers and defending people in court, I’d have no issue whatsoever with them. That side of what they do I like.
I was a member for two years because that is just what you do. I was told when I began homeschooling to just consider the membership like I do any other cost of homeschooling…but the people telling me this were personally affected by what happened here in NE and many were personally helped. When you are fleeing the state to keep your children and an organization comes in to help, it will be awhile before you question their other activities, especially if you tend to agree with most of the issues, anyway.
Lengthy comment, but I don’t want anyone to think I criticize membership in HSLDA. That is something everyone needs to decide for their own reasons and I don’t think less of anyone for their membership or for refusing to be a member.
But directly to one “having” to have membership…the fact that it looks like her state association is going to help may go against that argument, especially if she wins in the end. : )
I also had the opportunity to interview Michael Farris for an article and found him quite knowledgeable, I agreed with him on everything we talked about and he was not at all rabid. : )
Just thought I’d throw that out there. I don’t want to unfairly malign any individual or organization.
If only the reporter who originally reported the story had made the effort to dig up as much information as you found …
Much as I appreciate reports on the situation of us homeschoolers in Germany, I do think this was very lazy reporting on the part of WND. I sort of cringed as I read the article there but I couldn’t identify exactly why till I read your posting. I really do think that regurgitating the same old information about homeschoolers in Germany every time something comes up just bores people.
They have their format and it obviously works for them as much as their stories get forwarded and republished. I always know when they published something new because I get another small spike in traffic to the post on the Busekros case.
But the effect is sort of worn off after awhile.
I have been hearing about this story from Denise on the forum mentioned for several weeks, so it was interesting to see how WND covered it. However, the author’s attempt to link Mafi’s story with Germany and the Nazis made me roll my eyes and smacked of reductio ad Hitlerum to me.
I know there’s another side of the story that we haven’t heard, but I still think the judge’s reaction is not warranted even if she were guilty of forgetting to submit the paperwork. How does having the affidavit prove that the boy did well in school in the first place? Doesn’t she have other records to document that she was in fact homeschooling during the year in question? Given the he said/she said aspect of the affidavit, it seems like there should be other ways to determine whether the kids were truants or being homeschooled and in accordance with the plea.
Great research. I was wondering if there was more to th story.
I agree, Shauna.
The whole thing sounds more reasonable and more likely with the information about the case that was presented as irrelevant in WND. It isn’t irrelevant…it appears to be what the whole thing is about.
It doesn’t make the judge right, but with this information, I do not feel like something major is being left out which appears more like someone lying.
Now I feel more like she just messed something up and needs good legal counsel.
I wanted to say that Denise is a long time member of MOMYS and she has shared more of the story there. She has homeschooled for nine years and has only been a single mom for the last year or two.
It is ridiculous to me a)that a nine year old would be in court for assault – why can’t adults work things out in the neighborhood any more? “Denise, your son hit my daughter.” “Oh no! What happened?” Blah, blah, blah… “I’ll certainly deal with him when he gets home.” “Okay, thanks. I knew you’d want to know.” Good grief! and b) that the judge would get his unders all bunched up because someone who had been legally homeschooling for nine years had some missing paperwork one year. Somebody here needs to get a grip and it isn’t Denise.
Thank you for sharing, Melanie! This may seem weird, but I had less qualms about Denise after reading about the assault case than when all I had to go on was a bizarre ruling based seemingly only on missing paperwork.
I know nothing more than what has been presented, but at first reading, it does seem quite odd that a nine year old would be in court over this. I hope UHEA is able to help and get it all straightened out.
“the judge would get his unders all bunched up”
Ha! Thanks! I’m feeling much less snarly now. I came back to comment, but everyone has said my say. So, I’ll just tell you that the image of the judge and his wadded up tighty-whities has me giggling off to bed.
Wow….excellent reporting, Dana!! Thanks for a great post.
I read this morning that this judge had been anti-homeschooling in the past, has been overturned, and stated during the Mafi case that he thinks homeschooling is a failure. Now if I can just figure out how I linked to it, I’ll let you know…..
I read that, too. I think it is on LifeSite. There is some conflicting information if I recall (like one report says she threw the paperwork away, but another says she has it and the judge wouldn’t accept it.) It may just be that they are talking about two different things and I made a connection that wasn’t actually there.
My personal opinion is that the judge is being a bit unreasonable and unfairly biased against home education. That is just a feeling, though. When I read WND’s reports, it was the opposite. It felt more like someone wasn’t being forthright with the information which makes me highly suspicious.
This makes more logical sense, however, and less suspicious.
Great sleuthing, Dana. The internet always makes me wonder about privacy, but it’s irresistible.
Denise Mafi’s situation sounds very vulnerable for her. I’m afraid I’ve seen schools and other authorities really go at families/people who they believe can’t fight back too well. (Good lawyers, available resources not possible…often requiring money.)
I don’t know if this is the case for Denise, but wanted to point out that I’ve seen this happen more often than not. Families in those situations are often bullied right back into the schools.
For some time, I’ve not understood or agreed with the notion that public schools are necessary for those with little financial resources or education. They are the most abused in the schools.
Susan, I agree. And particularly since this appears to be family court. I still am baffled by New Jersey Superior courts ruling in which the judges were clearly shocked by New Jersey law and mused about possible restrictions that could be placed on homeschooling although they would be in clear violation of state law (and irrelevant to the case!)
I know this sounds weird, but I am more inclined to believe Denise with the additional information about how she got into court than with the one sided reporting from WND. That story just raised my suspicions too much.
I really hope her state organization can help. And since it appears this judge has been overruled numerous times before, I am thinking this might mean that an appeal would be productive.
Dana, thank you for taking the time to research this and post about it. I am interested in the case, but feel that WND is probably trying to blow things out of proportion. You lose your paper work you get thrown in jail.
What you are reporting makes much more sense though I too think it is unfair. Hopefully everything will be straightened out soon and she can go back to homeschooling her children.
“I wish WND were a little better at reporting.”
Perhaps, however you would probably never heard about this at all on Mainstream media
An update to this story: Denise has fled UT with her kids and is living in another state now.
I’ve been unsure about this story since I first heard of it. Thank you for doing some research more on it. I hope it ends well for the family.
I saw that, Shauna. I hope that is the best course of action. (I don’t know much about these things…)
I was believing the story because of previous problems in Carbon County
See: http://www.mainstream.com/nhpolitics/ut.hslda.html
I am grateful that we have the UHEA and that they are helping her out. Hopefully she can return to Utah if she wants to.
There are a lot of situations like that, I am afraid. Not a lot as in every day, but family courts can sometimes be a little strange. I had to testify in one and no one really understood why the judge ruled the way she did. It was also such a court that was shocked by NJ homeschooling law.
Anyway, thank you for stopping by and for the additional information!
The one thing that hasn’t been mentioned here is probably the one that we ALL need to be cognizant of: The paperwork in question is LAST YEAR’S paperwork, but it didn’t need to be turned in until THIS October.
The reason she doesn’t have the confirmation of the fax is that she threw it away AFTER that school year was “successfully” over. She has THIS year’s paperwork, but that isn’t enough, since the court case was last year.
Point being–ladies, how many of us get rid of this stuff after a year? We need to make sure that we are keeping our documentation basically forever.
MS, yes you are right. That needs to be considered. But at the same time, this paperwork that was thrown out is more than “just” her filing paperwork. I don’t want to sound critical, because I’m not and I understand things happen.
But if my son were in court, I would have all the paperwork I needed in a file (in a safe) to be used in court, including notes from phone conversations, these sorts of papers and whatever else I though would be remotely relevant. It isn’t safe to rely on others to do their job.
It is a lesson for all of us to be aware of.
The fact that this affidavit is related to her son’s court case, this makes me feel more that she really should have known not to throw it out than if this were purely about not filing last year’s paperwork.
It does seem like an overreaction. And as I’ve noted above in other comments, I am more inclined to believe the story with the additional information. In the original report, there were too many holes and I was suspicious. I’m not so suspicious now…
I am glad her state organization is planning on helping her. That is the kind of advice she needs.
It’s now past the Jan 9th date when the next hearing was supposed to be. I haven’t found an update anywhere. Any clue what happened? I’ve been looking forward to hearing more of the real story and this page has been the most thorough news out there on this, probably because you don’t have an agenda.
Thank you, Alicia. Most of the information I have seen centers on what you already know or the history of judge Johansen.
WND does have an update:
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=59647
In which they say that the trial date has been vacated.
I ran across your posts while doing a search. I don’t know if any of you were close to Denise, or if you’ve been notified, but Denise passed away recently and unexpectedly. With her MS, all the stress of what happened with the judge, and trying to keep things together, and living in a small 2 bedroom apartment, along with other family issues – being the only one in the family who was willing to take care of her sick mother, her husband having hip replacement surgery – well, it was just too much for her. She had pneumonia and was in and out of the hospital several times – maybe released too soon because they only had medicaid – and when she was hospitalized the last time, she either had a heart attack and slipped into a coma, or slipped into a coma and had a heart attack. Her sister Cherie is taking care of Denise’s 4 kids at this point.
I’m sorry to be the one to tell you. Denise was my friend, and I’m going to miss her.