| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 4/25/2005 2:33:41 PM Home School Legal Defense Association Texas--Your Calls Worked - the Child Welfare Bill was Amended |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== April 25, 2005 Texas--Your Calls Worked - the Child Welfare Bill was Amended Dear HSLDA members and friends: Senate Bill 6 is a huge child welfare reform bill that makes some improvements to the social worker system in Texas. But it included a number of dangerous provisions, which we summarized in our e-lerts to you. Thank you for answering the call and contacting your state representative. As a result, last week dozens of amendments were added to S.B. 6. The most significant amendment reduces the danger of the provision that would make it a criminal offense for someone to withhold their child from a social worker. If this provision had stood it could have been used against HSLDA Attorneys and parents who desire to keep their children from being interviewed alone by social workers during an investigation motivated by an anonymous tip. We have always believed that these types of interviews unnecessarily traumatize the child and open up the possibility of the social worker twisting information that he receives from the child. As a result, we advise our members to have a third party interview the child, such as a pastor or doctor, if necessary. The amendment added to S.B. 6 solves this problem and protects parents from overzealous social workers. The amendment states, "A parent or other person who, in response to the department's investigation, seeks an evaluation of the child by a credible third party professional, including a licensed physician or a licensed counselor is considered to be cooperating with the investigation." It is helpful to have the right to go to a third-party, specifically articulated in the law. This provision enables parents to be in the driver seat and helps HSLDA defend parents. In addition, language was added, which we helped include in the omnibus budget bill two years ago, which requires that child welfare workers have to receive, "Instruction on rights provided by the Fourth Amendment to the United States Constitution." This is a positive addition to the child welfare code, since social workers routinely ignore the Fourth Amendment rights of families. Although the law has existed for two years, instruction on the Fourth Amendment has not been applied during this time. We welcome this additional provision to the child welfare code. Lastly, another important victory included the removal of language which would have given social workers the right to make unannounced visits to homes where a family has an adopted child. We explained to the legislators that an adopted child should be treated under the law in the same way as a biological child. If a biological child is with the family in the home, the Fourth Amendment protects that child. The adopted child deserves no less protection. The legislature heard our arguments and removed this onerous requirement. Although the bill still expands the reach of government through the child welfare system, which we do not prefer, we are very thankful that the above provisions were added to protect the freedoms of all families, including all homeschoolers in Texas. Child welfare agencies have been the most difficult situations to deal with for HSLDA. Many homeschool families are reported to a child welfare agency by an anonymous tipster who fabricates allegations against the family, causing them to be pressured and harassed by social workers. The provisions listed above will help HSLDA continue to protect the rights of families. At this point, therefore, we do not see the need for any further calls. Thank you once again for your diligence and willingness to sacrifice the time and effort to contact your state representative. Your calls made the difference. Sincerely, Christopher J. Klicka, Esq. HSLDA Senior Counsel ---------------------------------------------------------------------- -> How many acorns can a chipmunk hold in its cheeks? We don't know! But we do know that gathering little by little enables ordinary folks to prepare for hard times. That principle is behind HSLDA's payment plan: by paying a month at a time, families can receive an annual HSLDA membership. Meanwhile, they can feel secure as they homeschool and focus on other priorities -their children. Don't go nuts trying to pay for membership all at once. Choose one of our convenient payment plans. 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Thank you for your cooperation. ====================================================================== | |
