Child “blows up” Santa. CPS investigates.

“Santa is dead,” 6-year-old Noah Kemp* announced grimly.

The other young children at tumbling class looked at him in surprise. This was not a very merry sentiment.

“No, he’s not!” someone piped up.

“Yes, he is!” Noah shot back, “He came down the chimney, so I blew him up.”

A few little boys seemed impressed, but the tumbling class instructor was not.

“What are you talking about?”

Noah was eager to explain.

“I blow up ALL my enemies with an RPG.”

The instructor blinked.

“Ok class, let’s stop talking about killing people and get back to tumbling. And Avery, stop adjusting your leotard.”

“I don’t like it—it hurts,” 3-year-old Avery Kemp complained. The instructor frowned.

A few days later, a week before December 25, the Kemp family received an unexpected visitor—and he was not Santa Claus.

When Heritage Defense answered the call from the 24/7 member hotline, Brian Kemp, Noah and Avery’s dad, was on the other end. He explained that he was on his way home from work, and his wife Heather had just called to say a CPS investigator had visited their home. He said the allegations claimed Noah was “overly aggressive” and that Avery was abused.

Heather told the Heritage Defense attorney her suspicion that the tumbling class instructor had reported their family. The attorney asked for the CPS investigator’s business card. He then contacted CPS to notify the investigator that he would be representing the Kemp family.

At that point, the allegations were that Noah was threatening to blow people up with an RPG and that Avery was uncomfortable in her leotard. The older Kemp children were not involved.

The Heritage Defense attorney asked the Kemps if they had any idea of any bases for the allegations.

Brian described how he had been in the Army for 18 years with multiple active duty deployments. Brian explained that, as a veteran, his boys have asked him to tell them war stories. The boys often ask if he has been shot at, blown up, or had RPGs shot at him. He believes in being honest with them, but without getting into graphic details. 

Heather added that Noah was possibly on the autism spectrum, but that was not verified because his pediatrician said that was not necessary yet. They also explained that Avery previously had a urinary tract infection and found her leotard uncomfortable, but the pediatrician had already concluded that this was not evidence of abuse.

With those details clarified, the attorney called CPS. While speaking with the CPS investigator, the attorney realized the allegations against the Kemps had grown. They were now also being investigated for medical neglect because they allegedly had not addressed Noah’s potential autism. 

Additionally, CPS still demanded to interview the parents and six-year-old Noah. Although the CPS investigator admitted he doubted anything was wrong, he said he still had to do his investigation.

Armed with the details from his conversation with the Kemps and documentation from them, their pediatrician, and their references, the attorney sent the investigator a letter documenting their innocence along with multiple letters vouching for Brian and Heather’s fitness as parents.

By the end of January, the CPS worker replied that he would be closing the case. By mid-February, CPS mailed a notification letter confirming it. The case was closed with no further intrusion into the Kemp family.

The Kemps share their thoughts on the experience:

If you are a member of Heritage Defense, we hope it is an encouragement for you to know that your membership is going to help families like the Kemps. While we cannot guarantee outcomes, if your family is ever falsely accused of child abuse or neglect, we are ready to fight to defend you and your rights.

If you are not yet a member, please join today to have 24/7 access to experienced attorneys ready to defend your family.

*Names changed for privacy