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Colorado

July 9, 2004

House Bill 1060: Child Welfare Investigation Reform

Sponsor:
Representative Kevin Lundberg

Summary:
H.B. 1060 would have created crucial due process protections for homeschoolers and other families faced with child welfare investigations.

Status:

01/07/2004Introduced In House - Assigned to Health, Environment, Welfare, & Institutions.
01/19/2004PASSED House Committee on Health, Environment, Welfare, & Institutions.
02/10/2004Second Reading in House
02/12/2004Introduced In Senate - Assigned to Health, Environment, Welfare & Institutions
03/25/2004Postponed Indefinitely
05/05/2004 Bill died when Legislature closed

Action Requested:
None at this time.

HSLDA's Position:
HSLDA strongly supports this bill.

Background:
House Bill 1060 failed to pass the Senate Committee and was postponed indefinitely.

On June 25, 2003, President George W. Bush signed into law the Keeping Children and Families Safe Act of 2003 (S.342). HSLDA was able to attach two amendments that will protect families during the child investigative process. The bill requires child protective services workers to be trained in their duty to protect the statutory and constitutional rights of those they are investigating, and requires child protective services personnel to advise individuals subject to a child abuse and neglect investigation of the complaint or allegation made against them.

This is the most significant reform on social worker investigations in the last decade.

It is important to implement this legislation at the state level for the following reasons:

  1. Protection for Homeschool Families. HSLDA deals with cases on a daily basis where a social worker is investigating a homeschool family because of false allegations. These tips, often supplied by those holding a grudge against home education, are often investigated aggressively. Social workers frequently demand to conduct physical inspections of homeschool children or to interview very young children outside the presence of their parents.

    Oftentimes social workers refuse to state the allegation they are investigating, and usually conduct the investigation in a manner that violates the 4th Amendment of the U.S. Constitution.

    If these HSLDA provisions are enacted into Colorado law, they will provide crucial protection for innocent homeschool families and minimize the trauma of an investigation.

  2. Federally Mandated. These reforms were passed at the federal level. The Department of Heath and Human Services has stated that the most efficient and effective implementation is if the provisions are codified at the state level.

  3. Congress' Intent. If this bill is enacted into Colorado law, it will guarantee that Congressional intent is implemented properly and completely in order to not jeopardize the state's child welfare funding.

  4. Social Worker Liability. If social workers are trained in the 4th Amendment and parental rights of families, they will be on notice of their duty to follow 4th Amendment due process, making themselves personally liable should they violate these rights. If this law is passed it will keep social workers properly chained by the Constitution.

 Other Resources

Feb-12-2004 — Child Welfare Investigation Reform Passed Unanimously!

Bill Text   (requires Adobe Acrobat Reader)