Harry Blackmun

“ Or is this Court prepared to hold as a matter of constitutional law that a mother, merely because she is poor, is substantially more likely to injure or exploit her children? Such a categorical approach to an entire class of citizens would be dangerously at odds with the tenets of our democracy. ”

“ Even if the Fourth Amendment does not apply to each and every governmental entry into the home, the welfare visit is not some sort of purely benevolent inspection. No one questions the motives of the dedicated welfare caseworker. ”

“ In an era of rapidly burgeoning governmental activities and their concomitant inspectors, caseworkers, and researchers, a restriction of the Fourth Amendment to 'the traditional criminal law context' tramples the ancient concept that a man's home is his castle. ”

“ One certainly would hope that the caseworker would continue his investigation, but the fact remains that the failure to require that the child be seen undercuts the argument that the home visit is designed to protect the child's welfare and necessary to verify his presence in the home.
4 Since the majority refuses to sanction the warrant procedure in any form, I have not discussed what standard should be required for a warrant to issue. Certainly, if one of the purposes of the welfare search is to obtain evidence of criminal conduct, that is no reason to permit less than probable cause. ”

“ There is no entry of the home and there is no search.
If however, we were to assume that a caseworker's home visit, before or subsequent to the beneficiary's initial qualification for benefits, somehow (perhaps because the average beneficiary might feel she is in no position to refuse consent to the visit) , and despite its interview nature, does possess some of the characteristics of a search in the traditional sense, we nevertheless conclude that the visit does not fall within the Fourth Amendment's proscription This is because it does not descend to the level of unreasonableness. ”

“ There are a number of factors that compel us to conclude that the home visit proposed for Mrs. James is not unreasonable:
1. The public's interest in this particular segment of the area of assistance to the unfortunate is protection and aid for the dependent child whose family requires such aid for that child. The focus is on the child and, further, it is on the child who is dependent. There is no more worthy object of the public's concern. ”

“ Despite the caseworker's responsibility for dependent children, he is not even required to see the children as a part of the home visit.3 Appellants offer scant explanation for their refusal even to attempt to utilize public records, expenditure receipts, documents such as leases, nonhome interviews, personal financial records, sworn declarations, etc. all sources that governmental agencies regularly accept as adequate to establish eligibility for other public benefits. ”

“ Both the home visit and the searches in those cases may convey benefits to the householder. Fire inspectors give frequent advice concerning fire prevention, wiring capacity, and other matters, and obvious self-interest causes many to welcome the fire or safety inspection. Similarly, the welfare caseworker may provide welcome advice on home management and child care. Nonetheless, both searches may result in the imposition of civil penalties-loss or reduction of welfare benefits or an order to upgrade a housing defect. ”

“ Welfare of child or minor. A child or minor shall be considered to be eligible for ADC if his home situation is one in which his physical, mental and moral well-being will be safeguarded and his religious faith preserved and protected. (1) In determining the ability of a parent or relative to care for the child so that this purpose is achieved, the home shall be judged by the same standards as are applied to self-maintaining families in the community. ”

“ As has already been stressed, the program concerns dependent children and the needy families of those children. It does not deal with crime or with the actual or suspected perpetrators of crime. The caseworker is not a sleuth but rather, we trust, is a friend to one in need.
10. The home visit is not a criminal investigation, does not equate with a criminal investigation, and despite the announced fears of Mrs. James and those who would join her, is not in aid of any criminal proceeding. ”

“ The taxpayer is fully within his 'rights' in refusing to produce the proof, but in maintaining and asserting those rights a tax detriment results and it is a detriment of the taxpayer's own making. So here Mrs. James has the 'right' to refuse the home visit, but a consequence in the form of cessation of aid, similar to the taxpayer's resultant additional tax, flows from that refusal. The choice is entirely hers, and nothing of constitutional magnitude is involved.
Camara v. ”

“ In light of that fact, the failure of appellee, who went to a hearing and was denied relief, to pursue any further state remedy seems irrelevant as the only question posed was the constitutionality under the Fourth Amendment of the termination of assistance for failure to agree to the warrantless entry into her home.
Except in very limited circumstances (Social Services Regulations §§ 351.10 and 372 (Emergency Assistance) ) an initial home visit and investigation is necessary before receiving benefits. ”

“ This appeal presents the issue whether a beneficiary of the program for Aid to Families with Dependent Children (AFDC) 1 may refuse a home visit by the caseworker without risking the termination of benefits. ”

“ Social investigation as defined and described * * * shall be made of each application or reapplication for public assistance or care as the basis for determination of initial eligibility.
'a. Determination of initial eligibility shall include contact with the applicant and at least one home visit which shall be made promptly in accordance with agency policy. ”

“ Those cases concerned, respectively, a refusal of entry to city housing inspectors checking for a violation of a building's occupancy permit, and a refusal of entry to a fire department representative interested in compliance with a city's fire code. In each case a majority of this Court held that the Fourth Amendment barred prosecution for refusal to permit the desired warrantless inspection. ”

“ James received written notice several days in advance of the intended home visit.8 The date was specified. Section 134-a of the New York Social Services Law, effective April 1, 1967, and set forth in n. 2, supra, sets the tone. Privacy is emphasized. The applicant-recipient is made the primary source of information as to eligibility. Outside informational sources, other than public records, are to be consulted only with the beneficiary's consent. Forcible entry or entry under false pretenses or visitation outside working hours or snooping in the home are forbidden. ”

“ S.C.Dept. of Public Welfare Manual, Vol., IV (D) (2) ; S.D.Comp.Laws Ann. § 28-7-7 (1967) (formerly S.D.Code § 55.3805) ; Tenn.Code Ann. § 14-309 (1955) , Public Assistance Manual, Vol. II, p. 212 (1968 rev.) ; Wis.Stat. § 49.19 (2) (1967) .
8 It is true that the record contains 12 affidavits, all essentially identical, of aid recipients (other than Mrs. James) which recite that a caseworker 'most often' comes without notice; that when he does, the plans the recipient had for that time cannot be carried out ”

“ Total........ 128,987. $1,457,635,442
1 For example, appellants' Reply Brief offers two specific illustrations of the home visit's efficacy. In the first, a man was discovered in the home and benefits were terminated. In the second, child abuse was discovered.
2 HEW Handbook of Public Assistance Administration, pt. IV, § 2200 (e) (1) .
3 Appellants respond by asserting that if the caseworker becomes suspicious concerning the child's absence, further investigation may take place. ”