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IN RE STUMBO

No. 321A01.

582 S.E.2d 255 (2003)

357 N.C. 279

In the Matter of Joanie STUMBO, Steven Stumbo, Scott Stumbo, Unknown Stumbo.

Supreme Court of North Carolina.

July 16, 2003.

Attorney(s) appearing for the Case

John D. Church; and Yelton, Farfour, McCartney & Lutz, by Leslie Farfour Jr., Shelby, for petitioner-appellee Cleveland County Department of Social Services.

Stam, Fordham & Danchi, P.A., by Paul Stam; and Home School Legal Defense Association, by Michael P. Farris, pro hac vice; James R. Mason, pro hac vice; and Scott W. Somerville, pro hac vice, Apex, for respondent-appellants James and Mary Stumbo.

Smith Helms Mulliss & Moore, LLP, by Neil A. Riemann; and Seth H. Jaffe, Raleigh, on behalf of the American Civil Liberties Union of North Carolina Legal Foundation, amicus curiae.

Lewis, Goldberg & Ball, P.C., by Michael L. Goldberg, pro hac vice, and Michael D. Hutchinson, pro hac vice; National Association of Social Workers, by Carolyn I. Polowy, General Counsel, pro hac vice; and Council for Children, Inc., by Brett Loftis, McLean, VA, on behalf of the National Association of Social Workers and the National Association of Social Workers, North Carolina Chapter, amici curiae.

Roy Cooper, Attorney General, by R. Kirk Randleman, Assistant Attorney General, on behalf of the State of North Carolina, amicus curiae.

ORR, Justice.

This case arises out of an anonymous call to an unnamed caseworker in the Cleveland County Department of Social Services (CCDSS) during which the caller alleged that he or she had seen an unsupervised two-year-old child, naked in the driveway of a house. This information, along with the location of the home, was passed along to Tasha Lowery, an investigator with the CCDSS.

Approximately two hours later, Ms. Lowery investigated the anonymous report...

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