The Home School Court Report
VOLUME XXI, NUMBER 2
- disclaimer -
March / April 2005


FEATURES
Taylor broke ground with NCAA
Judicial Tyranny Goes Global
Let the Facts Speak

DEPARTMENTS
Freedom watch
From the heart

Realizing dreams

For more information

From the director

HSF Mission Statement
Across the states
Members only
Active cases
About campus

PHC grad wins prize for economics paper
President's page

ET AL.

On the other hand: a Contrario Sensu

HSLDA social services contact policy/A plethora of forms

HSLDA legal inquiries


 «
  LEGAL/LEGISLATIVE UPDATES  

» 


ACROSS THE STATES

CA · CT · FL · HI · IL · IN · IA · KS · LA · MA · MI · MN · NE · NY · NC · OH · OK · RI · SD · TX · VA · DC · WI

CALIFORNIA

Social workers must reveal allegations

On August 24, 2004, Governor Arnold Schwarzenegger signed Assembly Bill 2749 into law. Now, when California social workers first contact individuals being investigated for child abuse, they must notify these individuals of the complaints or allegations against them. This language is contained in Penal Code § 11167(e), which reads as follows:

Notwithstanding the confidentiality requirements of this section, a representative of a child protective services agency performing an investigation that results from a report of suspected child abuse or neglect made pursuant to Section 11166, at the time of the initial contact with the individual who is subject to the investigation, shall advise the individual of the complaints or allegations against him or her, in manner that is consistent with laws protecting the identity of the reporter under this article.

It is no longer optional for the social worker to divulge the nature of the complaint or allegations against the party being investigated for abuse or neglect—it is now mandatory. Additionally, the complaint or allegation must be disclosed at the initial contact with the person under investigation. Home School Legal Defense Association interprets this to mean that before a social worker begins the interrogation of a suspected child abuser, the social worker shall advise the individual of the complaints or allegations against him. This is a prerequisite to further investigation.

This information can be downloaded at http://www.hslda.org/hs/state/ca/200501190.asp and provided to a social worker who is not familiar with the new law or refuses to accept your explanation of it.

Much credit goes to Roy Hanson and Jim Davis of Family Protection Ministries, who, in partnership with HSLDA, worked long and hard to pass this bill. By establishing a basic standard of fairness to be applied in the conduct of child abuse and neglect investigations, the new law helps to safeguard parental rights.

— by J. Michael Smith