From HSLDA: Court Upholds State-Sponsored “Kidnapping” of Homeschooled Boy

Home School Legal Defense Association--25 Years of Serving the Homeschool Community
Quote from HSLDA article:

“We had hoped that the appeals court would return Dominic to his family. Since they are not, we believe it is critical all freedom-loving people respond to this outrageous decision.”

Court Upholds State-Sponsored “Kidnapping” of Homeschooled Boy

As most people count their blessings and prepare to enjoy Christmas with family, many others face serious struggles. Among these is the Swedish family of Annie and Christer Johansson whose only child, 7-year-old Dominic Johansson, was “kidnapped” by Swedish authorities in June of this year as the family was on a plane leaving the country for a new life and home in India. Annie Johansson is from India where her entire family lives.

Your Help Needed

Please contact Swedish officials on behalf of the Johansson family. We also ask that you keep the Johansson family in your prayers during this incredible trial they are facing.

Contact Information

The social workers
sofi.rosenqvist@gotland.se
caroline.palmqvist@gotland.se

The social workers’ supervisors
kristina.djerf@gotland.se
marika.gardell@gotland.se

National officials

Prime Minister of Sweden Fredrik Reinfeldt
Telephone: +46 8 405 10 00
Mailing Address: Rosenbad 4, SE-103 33 Stockholm

Minister Maria Larsson
Ministry for Elderly Care and Public Health, Ministry of Health and Social Affairs
Telephone +46 8 405 10 00
Fax +46 8 723 11 91
Mail Address: Fredsgatan 8; SE-103 33 Stockholm

To email the officials above visit the webpage: http://www.sweden.gov.se/sb/d/2052

Local politicians and government leaders
Brittmarie.Fagerlund@lansstyrelsen.se
gustaf.hoffstedt@gotland.se
eva.nypelius@gotland.se
lars.thomsson@gotland.se
lena.celion@gotland.se
gotlands.kommun@gotland.se

Indian Ambassador to Sweden
ambassador@indianembassy.se

Australia Contact details:

See below

New Zealand Contact details:

See below

The Johanssons’ lives suddenly changed, and a nightmare ensued as police officers took Dominic off the plane at the orders of local social workers. They didn’t have a warrant, and they didn’t charge the Johanssons with any crime. Their reasoning? Dominic had been homeschooled, and the authorities wanted to make sure he was receiving an education.

After some testing by Swedish authorities, it was discovered that Dominic was only slightly behind in some subjects, but that he had been making academic progress. The family had been refused school materials by their local school when they had asked for them last year. As a homeschooling family, the Johanssons lean towards unschooling, profess the Christian faith, and try to live close to nature. Mr. and Mrs. Johannson had made plans to move to India to work with several orphanages to help them to live simply and economically. Although their lifestyle is out of the ordinary to Swedish officials, nothing in their approach to family life justified such a radical state intervention. In addition to living simply, the Johanssons exercised their legal rights to opt out of vaccinations for their son as well as only taking him to the doctor when he was sick, also reasons cited by the court to allow Swedish social services to retain custody of Dominic.

Swedish press has reported that senior police officials in Sweden have criticized local police and social workers for their sensational actions. Press reports also suggest that the local social services may be caught in a trap of their own making. They must continue with their course of action or otherwise admit that they have disgracefully ruined a family and traumatized a child. Some Swedish newspapers also report that the pride and stereotyping exhibited by social workers in this case imply they are out to get this family. According to letters obtained by HSLDA, the most recent decision of the local social workers is that they will not be allowing Annie and Christer to visit with Dominic until after New Year’s Day. And then they will be permitted one-hour visits every fifth week.

Mr. Johansson expressed deep concern about the state of his wife. “Annie cannot even talk right now. We are in total shock. We had hoped the court would return our son. We have been and remain willing to cooperate with social services, but they keep telling us we are not capable of caring for our son. This is not true. We have taken care of Dominic. While we may do things differently than most Swedes, we have not broken any laws and we have not harmed our son. We decided as a family that we wanted to move to India where we could be near my wife’s family. But the government has taken over my family, and now we are living in a nightmare. I fear for the life of my wife under this torture and for the well being of my son who has only been allowed to see his parents for a few hours since he was taken. The government is alienating my son from me, and I am powerless to do anything.”

The Swedish press has reported that the court admits the family has taken care of Dominic as they thought best, but insists the government’s plan is better.

In its opinion the court noted that Dominic had some untreated cavities and had not been vaccinated. The court also said that because Dominic had not been in school he had been “socially isolated.” This, the court said, demonstrated that the parents were not aware of the impact their decision to homeschool would have on Dominic’s future development and opportunities. Social workers and the court have mentioned the psychiatric condition of Mr. and Mrs. Johansson. However, Mr. Johansson vehemently denies any such mental problems.

“I have had a mental check with a psychiatrist who has given me a clean bill of health,” says Christer Johansson. “My poor wife, on the other hand, has been absolutely traumatized by this kidnapping. She is in a deep depression and has been hospitalized on several occasions. Is it any wonder? Our only child has been stolen from us and we have only been permitted to see him a few times since he was taken.”

A former Swedish social worker who spoke with HSLDA anonymously severely criticized how current social workers are treating the Johanssons.

This case is an absolute outrage,” the former social worker said. “From the taking of the child off a plane by uniformed police officers to the absurd visitation schedule and now the complete cessation of visits. The social workers in this case are letting their pride interfere with the best interests of this little boy. In Sweden the socialist mindset of the government is that it knows what’s best for kids—better than their own parents. And in the case where a family, like the Johanssons, may do things that are different, the government intervenes.”

The court opinion also noted that Dominic had not been to the normal child care facilities and to school.

The social worker continued, “What is normal? In whose opinion? Why should the government get to make this decision? The boy is being taken care of and not being harmed. The family had decided to move to India where the mother is from. What is wrong with this?”

Now that attempts to renew contact with local social workers have been rebuffed, the Johanssons are feeling especially frustrated.

“We had hoped to have a meeting with the local board to provide new information,” says Christer Johansson. “But since our hearing before an appeals judge a few weeks ago they have told us that we can no longer see our son. They have said that the visits are traumatic for him. Is it any wonder? The poor boy has been kidnapped from his parents and is being forced to live with other people. No wonder it’s hard for him after the visits with us. He wants to come home but is being held against his will and our will by the government.”.

Roger Kiska, an Alliance Defense Fund attorney based in Europe, noted that this kind of behavior was shocking but sadly not without precedent. Kiska has been following the case and has sent several letters expressing concern over the incident.

“What you have here is a socialist country trying to create a cookie cutter kid,” Kiska said. “This family is a little different from the average Swedish family. There are so few homeschoolers in the country that this, along with their issues, has caused the social services agency to take the child in order to coerce changes from the family. Unfortunately,  in Europe this kind of thing happens too often where social workers take a child and then just keep him. The parents in these cases are really powerless since the system is so one-sided.”

Michael Donnelly, director of international affairs for HSLDA, expressed indignation at the court decision.

We had hoped that the appeals court would return Dominic to his family. Since they are not, we believe it is critical all freedom-loving people respond to this outrageous decision.”

Donnelly continued, “HSLDA is gravely concerned about this case as it represents what can happen to other families who might wish to homeschool their children. Furthermore, in response to inquiries from HSLDA, Swedish authorities have cited the UN Convention on the Rights of the Child to explain and defend their actions. If the U.S. were to ever ratify this treaty, then state-sponsored kidnapping could occur here. Every homeschooler would be at risk. Such treatment of families and children is inhumane and inconsistent with a reasonable understanding of basic human rights. Therefore, we are asking our members to contact Swedish officials asking them to return Dominic Johansson to his family.”

Keep an eye on the HSLDA website:

http://www.hslda.org/hs/international/Sweden/200912220.asp

For those in Australia and New Zealand:

Please use the emails and website addresses for the Swedish people to email and send letters to.

We can also send emails to the Swedish  Consulates in Australia and New Zealand

Canberra

New Zealand contact details:

http://www.swedenabroad.com/Page____21473.aspx

Australia Contact details:

Previous posts:

Legal option after School bullying

27 March 2009 7:28 p.m.

Dear Everyone,

I’ve pasted below a news article that exemplifies many of the vast multitude of things wrong with the state’s schooling institutions. I’m letting off a bit of steam because I am so angry at this rotten system that systematically practises institutionalised child abuse by teachers and administrators who are so desensitised to it, they will round on parents and bully them if they dare question what goes on. Many of these lousy schools are in blatant denial, refusing to admit they have a problem. The most amazing thing is that parents and even doctors and nurses will often side with the school against the victimised child, even in the face of bruises, cuts, crying themselves to sleep at night and having vomiting fits the next morning at the thought of returning to the place of torture.

This week has been amazing. I’ve had so many phone calls and emails from parents wanting to start home education because of the bullying their children have suffered for months, sometimes for years. One mum felt she didn’t want to send the child to school since he was so tender at age 5. She considered home schooling, but decided it was too radical a step. Now, at age 6, her son is toughed up and so much more sophisticated as everyone typically said he needed to become…and he is also defiled because of the sexual abuse he suffered at school. She now forever regrets the day she ever trusted him to the state. Another mum’s 10-year-old has significant physical disabilities which require a full-time aide. But the boy has had enough of the school-supplied aides and the constant teasing, as the nature of his disability is somewhat personal. He would prefer his mum, but the several schools approached will not have it as they not only dislike parents observing the reality of the classroom, they say it causes children to become too dependent upon their parents! And besides, they say, the boy stinks (due to his disability), and they’d prefer it if she would find another school. And so the boy refuses to enter the school grounds, the parent is begging them to let her instead of aides attend to her son’s needs, but they won’t let her, and she is now being threatened by a Group Special Education person with police and CYFPS and truancy officers if the child is not in school immediately!

It’s a flamin’ madhouse!

This article below has a typical school response to bullying. “Oh, it’s only girls being girls, boys being boys. It’ll blow over.” So when the girl spirals downhill and hits bottom, it turns out she has parents willing to do something: sue the school. Good on them, I say! Man, has it sobered up the school! The principal all of a sudden comes out of denial and makes a statement most principals would confess to only once they’d been stretched on the rack: “It does not matter what a school does, it can never be resolved completely.” This woman admitted that it is a permanent, on-going, unstoppable problem. We got a straight honest answer at last. I mean, this girl was bullied even after she left the school…by text messages!

The very threat of a legal suit also flushed out the fascinating, yet totally unknown fact, that “it is a statutory requirement for schools to take all reasonable steps to prevent bullying from occurring while pupils are at school,” and that “Failure to take such steps could result in criminal prosecution and hefty fines.” If all parents of school-abused children would simply threaten to sue the school, bullying would be slashed. A few successful suits, some bullies taken down, and the problem would recede way out onto the horizon.

But worst of all is the so-called Children’s Commissar, Cindy Kiro, criticising the parents for considering such an option, but uselessly offering no course of action in its place.

If you don’t know what is going on in these institutions of systematic child abuse called state schools, you need to find out. And then tell your friends and rellies to get their children OUT of those places as soon as possible. All I have to do is read the education column of Stuff.co.nz…it’s enough to make your toenails curl. But I’ve been reading it and other sources for over 20 years…I have stacks of clippings and e-articles of the most horrendous goings on, that just don’t stop, no matter how hard the schools try to cover up…and don’t fool yourself…they go to great lengths to slam the lid on any negative publicity.

Get yourself a subscription to TEACH Bulletin https://hef.org.nz/2007/teach-bulletin-1yr/.  It’s only $9 lousy bucks for 6 issues a year and almost always has a good sampling of the latest in state school violence, as well as other political and statist trends in relation to schools, home education and parenting. Get your friends and neighbours a subscription, too, for it will open their eyes. We’ve got to be informed and stop pretending everything is all right. We’ve got to get children out of the schools, and we’ve got to embolden parents to speak up when their children are being abused by the system.

TEACH Bulletin is available from us at:

Craig & Barbara Smith

Home Education Foundation

PO Box 9064

Palmerston North 4441

New Zealand

Ph. +64 6 357-4399

craig@hef.org.nz

www.hef.org.nz

Legal option after bullying

By NATHAN BEAUMONT – The Dominion Post

Last updated 05:00 21/03/2009

http://www.stuff.co.nz/national/education/2281076/Legal-option-after-bullying

A family is considering legal action against a school after a girl was bullied for so long that she lost 12 kilograms, spent three weeks in hospital and had to move to another school.

The children’s commissioner has described the case as “completely unacceptable” and said she would be prepared to investigate.

And a lawyer is warning school boards that they could be prosecuted by parents whose children suffer emotional harm as a result of bullying.

The parents of the 15-year-old victim said St Mary’s College in Wellington did not do enough to stop the ordeal, which started in August 2007.

Though the bully had written an apology letter to the victim, her family said it was still seeking answers from the school board.

The victim informed the school counsellor when the bullying started, but was told it was just “girls being girls” and would “blow over”, her mother says.

But it did not blow over. Instead the victim said she endured taunts and rumours for a further seven months at school.

The girl’s mother said her daughter developed an eating disorder, lost 12 kilograms and spent three weeks in hospital recovering. The claim was backed up in a letter from a clinical psychologist that was sent to the school.

“After assessment it was clear that [her] weight loss was not due to concerns about her appearance but rather was as a tool to help her maintain control of herself during an episode of bullying by girls at school.”

The parents removed their daughter from the school, but said the taunts continued, with bullying text messages.

St Mary’s principal Mary Cook said the school did everything in its power to deal with the situation.

“The issue with bullying is that it is very difficult to deal with and isolate. It does not matter what a school does, it can never be resolved completely. We do everything we possibly can.”

Meanwhile, a lawyer has warned that it is a statutory requirement for schools to take all reasonable steps to prevent bullying from occurring while pupils are at school.

“Failure to take such steps could result in criminal prosecution and hefty fines,” John Miller said.

Children’s Commissioner Cindy Kiro said it would be a “sad day” if bullying victims started taking legal action.

“It’s not a route we want to go down, that’s the American way. It is an option, but it is the least constructive option.”

The victim’s mother said the family was keen to explore legal action. “Definitely, we would be keen to look into that area.

“All schools have different approaches to bullying, but St Mary’s seems to be: keep it quiet and deny, deny, deny.”

LETTER TO VICTIM

Letter from the bully to the 15-year-old victim after she left St Mary’s School.

“I don’t want you to have to leave all your friends because of all this shit. I am so sorry for everything. You have no idea how bad I feel. I would do anything to take back what’s happened and everything I have said and done, not only to you, but your friends.

“I know that we will never be friends, but I want us to be anything but enemies. I am so sorry for everything that has happened in the past year. I hope you get better soon and that this letter means even a little something to you.”

Mum fearful of school fines

http://www.stuff.co.nz/4803156a11.html

Mum fearful of school fines

By REBECCA TODD – The Press | Friday, 26 December 2008

A Christchurch mother is angry at the prospect of having to pay heavy fines because she cannot get her son to go to school.

Under new laws passed by the National-led Government, parents of truants can be fined $300 for the first offence and $3000 for subsequent offences.

They can also be fined $3000 if they fail to enrol their child in school.

In the past, parents could be fined $150 for the first offence and $400 for subsequent offences.

Michelle Chalmers said her 14-year-old son had not been in school for much of this year, but she could not force him to attend.

“We haven’t got any control, but we are being prosecuted,” she said.

“How do you forcibly get them out of bed, into school and keep them there, and even if they are there, how do you make them learn? I just don’t understand what they want us to do.”

Chalmers put much of her son’s problems down to lead poisoning from eating flakes of house paint as a baby. He was diagnosed with attention deficit hyperactivity disorder (ADHD) before starting school and has behavioural issues that have brought him close to expulsion.

At 14, he was diagnosed as dyslexic, but Chalmers said it was too late by then to make him want to be in school and learn.

“I was dropping him off, seeing him walk in and picking him up at the same place, only to find out later he had been bunking,” she said.

The former Aranui High School student was no longer enrolled at any school, but Chalmers had not been threatened with prosecution despite her son’s prolonged absence.

“There’s nothing I can do to stop it and it’s heartbreaking,” she said.

“I know I’m not the only one out there.”

Linwood College principal Rob Burrough said the move to heavier fines was positive, but cases needed to be looked at individually.

“Part of it is parental issues and part is student problems, so I think a $3000 fine will have some impact, but there needs to be a multi-pronged approach,” he said.

“Some parents have lost control of their children by their own admission, and so this is a burden for them.”

Linwood has been trialling anti-truancy programme Rock On, in which the Ministry of Education, police, Child, Youth and Family and truancy services work with the school and parents to get students back in school.

Canterbury police youth services co-ordinator Senior Sergeant John Robinson said police were working on their third prosecution this year for parents of truants.

“We’ll never prosecute anyone if the child is the issue, only if the parent is the issue,” he said.

Heavier fines sent a message to people that attending school was a priority.

“No parent wants to be held out there having to front up before the court and told they are not a particularly good parent because they can’t get their kids to school,” Robinson said.

Hardcore truants by the thousand

http://www.stuff.co.nz/4798639a11.html

Hardcore truants by the thousand

By LANE NICHOLS – The Dominion Post | Saturday, 20 December 2008

Thousands of the most at-risk children are still missing from classrooms, forcing education officials to act as detectives hunting long-term truants.

Principal Youth Court Judge Andrew Becroft said the “unexploded time bombs” who were mainly male represented the hardcore youth offenders. It was unacceptable that so many had fallen out of the schooling system.

“They’re our toughest kids with a constellation of problems. As Youth Court judges, we’re terribly concerned by the lack of engagement in education of these top-end offenders.”

A year after The Dominion Post revealed a “lost tribe” of nearly 7000 children not enrolled at any school, the Education Ministry admits more than 2500 are still missing “on any given day”.

About 450 have not been to school in more than six months 148 of them in more than a year. Most are junior high school pupils.

Education Minister Anne Tolley has ordered an urgent briefing from officials and warned yesterday that parents who failed to enrol their children were jeopardising their futures and committing a serious offence.

Ministry senior manager Jim Greening said numbers had dropped significantly in the past year but the situation remained unsatisfactory. Pupils who dropped out of the school system were at risk of spiralling into trouble later in life, he said, potentially costing society millions of dollars through crime and their drain on health and social services.

“We’ve got people across the country working very hard on this issue. We want to give all these kids every chance we can.”

All the missing kids are aged under 16 so are legally required to attend class but have been absent for at least 20 days.

Mr Greening said the hardcore truants were revealed by a computer enrolment tracking system in all schools since August last year. More than 30 staff were employed nationally to find the truants.

Of the nearly 7000 cases identified last year, many of the most-difficult pupils had been hunted down and re-enrolled.

An information-sharing agreement with the Immigration Service showed thousands of others had left the country, or were on the list only because of processing errors. But many hundreds more were missing.

“Often they don’t have any address,” Mr Greening said. “[Officials] go to the place where the family was. If they’re not there, they’ll ask neighbours. It becomes a detective thing, I guess.”

The missing children often came from dysfunctional families with complex problems. Ministry officials sometimes alerted other agencies such as police and Child, Youth and Family. “The really long-term hard ones, our people might locate. But we know in three months’ time our people are going to be looking for them again because they won’t be in class.”

Judge Becroft said Youth Court judges had always suspected a group of up to 3000 pupils had fallen out of the education system, but the ministry had only now been able to quantify it.

Children’s Commissioner Cindy Kiro said non-enrolled children were being denied their right to an education.

Concerned teachers seek police help

Perhaps schools are the wrong place for these children.

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10535486&ref=emailfriend

Concerned teachers seek police help

4:00AM Friday Oct 03, 2008
By Martha McKenzie-Minifie
Teachers are asking for more help from police to handle students who act up in class, as they abandon a suggestion to establish “timeout rooms” in high schools for troublemakers.

A new disruptive students paper by the Post Primary Teachers Association’s Hutt Valley region showed teachers faced verbal abuse, physical attacks in class and had students turn up with weapons or high on drugs.

A survey, released at this week’s PPTA conference, found almost one in 10 teachers surveyed were frightened of students with severe behaviour problems.

Hutt Valley region executive member Martin Henry said delegates yesterday voted to pressure the Government to call a conference where teachers, police, Child Youth and Family and other groups could work directly together.

“It’s not just teachers that are going to solve this problem – there’s a whole lot of societal factors that come in as well,” said Mr Henry. “These students don’t come to schools without a whole lot of issues.”

He said the earlier suggestion to push for timeout rooms in secondary schools as a place to send problem students in the heat of the moment was yesterday withdrawn.

“They were looking at the room and it’s not the room that’s the important thing – it’s what you do with the kids,” said Mr Henry.

Members also voted to push ahead with a controversial plan for the PPTA to work to amend legislation to allow information sharing about students with a history of high-risk behavioural problems that may put members of a school at risk.

Mr Henry said teachers were frustrated to discover new students had behaviour problems they were not warned about because of privacy laws.

“It’s not about blacklisting kids or schools, it’s about doing better things for them.”