| From the HSLDA E-lert Service: |
< BACK TO ARCHIVE |
| Date: From: Subject: | 1/27/2003 4:33:00 PM Home School Legal Defense Association Virginia--Action Needed on Bill to Restore Parents' Due Process Rights |
|
---------------------------------------------------------------------- From the HSLDA E-lert Service... ---------------------------------------------------------------------- January 27, 2003 Dear HSLDA Members and Friends, One of the most frequent problems facing innocent homeschool families in Virginia is that of social worker investigations based on anonymous tips. Virginia House Bill 2831 would significantly help protect all homeschoolers in Virginia who could be faced with such an investigation. This bill would protect parents' rights by reinstating the requirement that a complaint of child abuse or neglect be "founded" only if there is clear and convincing evidence. It is scheduled to be heard and voted on in committee tomorrow, January 28. We need your phone calls and attendance at this hearing because social workers will be in full force testifying against this positive legislation! ACTION REQUESTED 1. Please attend the hearing, scheduled for Tuesday, January 28, 8:30 AM, House Room D in the General Assembly Building at 9th and Broad St. in Richmond. Other bills will be heard in the same time slot. Your attendance will show committee members that you support this bill. This would be an excellent opportunity for you and your family to see the legislative process at work. I plan to testify against the bill tomorrow. 2. Phone calls are crucial. Listed below are the members of the House Health, Welfare and Institutions Committee. Please call as many committee members as possible. You may use a message such as the following: "Please vote for H.B. 2831. It will restore due process protection for parents who become innocent victims of anonymous tipsters. Make the 'clear and convincing standard' the law." Be prepared to explain your convictions about the bill politely and firmly. (See background information below.) Members of the child advocacy establishment are lobbying hard against this bill. Now it is time for your voice to be heard. Hamilton, Phillip A. (Chair) (804) 698-1093 Purkey, Harry R. (804) 698-1082 Orrock, Robert D., Sr. (804) 698-1054 McDonnell, Robert F. (804) 698-1084 Nixon, Samuel A., Jr. (804) 698-1027 Devolites, Jeannemarie (804) 698-1035 Landes, R. Steven (804) 698-1025 Broman, George E., Jr. (804) 698-1030 O'Bannon, John M., III (804) 698-1073 Welch, John J., III (804) 698-1021 Marrs, Bradley P. (804) 698-1068 Sears, Winsome Earle (804) 698-1090 Hogan, Clarke N. (804) 698-1060 Bell, Robert B. (804) 698-1058 Athey, Clifford L., Jr. (804) 698-1018 Melvin, Kenneth R. (804) 698-1080 Darner, L. Karen (804) 698-1049 Spruill, Lionell, Sr. (804) 698-1077 Moran, Brian J. (804) 698-1077 Watts, Vivian E. (804) 698-1039 Baskerville, Viola O. (804) 698-1071 Keister, W. Benny (804) 698-1006 BACKGROUND An anonymous complaint from a neighbor or relative with a grudge can subject any innocent homeschool parent to an investigation. If social services decides the complaint is "founded," the parent's name is placed on a central registry. If the parent ever tries to obtain employment in a job dealing with children, the prospective employer can get access to the registry to see if the parent's name is on it. If it is, it will be the end of that parent's hope for employment in that field. Furthermore, after a complaint is "founded," social services may demand that the parent and family submit to various forms of intrusive "services." The family may be threatened with court action or loss of custody of their children if they do not submit to these services. It is of the utmost importance, therefore, that a complaint be "founded" only if it is thoroughly justified. Until 1997, social services was permitted to consider a complaint "founded" only if there was "clear and convincing evidence" that the parent had abused or neglected a child. In that year, however, a regulation was adopted--against overwhelming opposition from citizens- -lowering the standard to a mere "preponderance of the evidence." This is a much lower standard of evidence. Flimsy, marginal, weak, ambiguous, or doubtful cases, which would have been rejected under the "clear and convincing evidence" standard, can readily pass as "founded" under the diluted "preponderance of the evidence" standard. Furthermore, under the watered-down standard, it is vastly more difficult to reverse an unjust "founded" decision on appeal. The lower standard significantly erodes procedural safeguards that can protect parents from the consequences of bogus anonymous complaints. H.B. 2831 will protect innocent families from the consequences of groundless accusations. Please join us in this fight to protect parents' rights in Virginia. Very truly yours, Scott A. Woodruff HSLDA Staff Attorney {{JoinAd}} ---------------------------------------------------------------------- The HSLDA E-lert Service is a service of: Home School Legal Defense Association P.O. Box 3000 Purcellville, Virginia 20134 Phone: (540) 338-5600 Fax: (540) 338-2733 E-mail: info@hslda.org Web: http://www.hslda.org ---------------------------------------------------------------------- How To Subscribe: - Subscribe to the HSLDA E-lert Service at our website: https://secure.hslda.org/hslda/elert/account.asp?Process=Subscribe - Or send an e-mail with name and complete mailing address to: subscribe@hslda.org ---------------------------------------------------------------------- Subscription Information: - You subscribed to the HSLDA E-lert Service as: {{Email}} - To unsubscribe from the HSLDA E-lert Service send an e-mail from the e-mail address you want to unsubscribe to: unsubscribe@hslda.org - To change your e-mail address or make other changes to your subscription, visit the HSLDA E-lert Service account web page at: https://secure.hslda.org/hslda/elert/account.asp ---------------------------------------------------------------------- POSTMASTERS: This message is being sent to the most recent address we have for our subscribers. If this is an invalid e-mail address or you have other problems, please reply to webmaster@hslda.org. ---------------------------------------------------------------------- DISCLAIMER: This is considered a private and confidential message from HSLDA to its bonafide HSLDA E-lert Service subscribers. HSLDA cannot attest to the authenticity of copies posted, forwarded, or sent by any party other than HSLDA. ---------------------------------------------------------------------- NOTE: Please do not reply or otherwise use this e-mail address; hslda@hslda.org is for broadcast purposes only and is not intended to receive incoming messages. We cannot reply to any e-mail sent to this address. If you have comments or questions, please send e-mail to info@hslda.org or call HSLDA at 540-338-5600. HSLDA members can also e-mail staff directly through the Members website at http://members.hslda.org/contact.asp. Thank you for your cooperation. ---------------------------------------------------------------------- | |
