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4/26/2005 12:00:03 PM
Home School Legal Defense Association
Idaho--Child Welfare Reform Signed by Governor

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From the HSLDA E-lert Service...
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April 26, 2005


Idaho--Child Welfare Reform Signed by Governor


Dear HSLDA members and friends:

The strategy worked. The child welfare reforms we advocated were not
identified as homeschool issues and were not attacked as being
partisan bills. Rep. Janice McGeachin was able to pass Senate Bill
1240 through both chambers and it was signed by Governor Kempthorne on
April 11, 2005.

No doubt many legislators did not realize the importance of these
amendments. They will give HSLDA and innocent families throughout
Idaho leverage to keep social workers out of their homes.

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.

HSLDA deals with cases on a daily basis where a social worker is
investigating an innocent 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.

This law will keep social workers properly chained by the Constitution
and they will be liable for making certain they respect the parental
and Fourth Amendment rights of families.

HSLDA thanks attorney Barry Peters of the Idaho Home School Coalition
who worked tirelessly to guide this bill into law.


BACKGROUND

The passage of this bill was truly a miracle. Although the bill passed
the house and senate unanimously, the governor, for political reasons,
vetoed the bill. It looked as if the bill was dead for the year.
However, on the last couple of days of the session, instead of
overriding the governor's veto, the republican controlled legislature
simply re-introduced our bill as a new senate bill. It passed both
houses and has been signed by the governor as S.B. 1240. We believe
our bill (S.B. 1240) was literally the last bill considered before the
legislature adjourned.

The language from this bill originates from the provisions we were
able to pass into federal law.

On June 25, 2003, President George W. Bush signed the Keeping Children
and Families Safe Act of 2003 (S.342). HSLDA was able to attach the
same two provisions outlined above that will protect families during
the child investigative process.

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

It is important to pass this legislation at the state level to
guarantee that congressional intent is implemented properly and
completely. The Federal Department of Heath and Human Services has
stated to us that the most efficient and effective implementation of
these provisions is to have them codified at the state level.

The citizens of Idaho will now be better protected from over zealous
social workers.

Sincerely,


Chris Klicka
HSLDA Senior Counsel




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-> Have you ever yelled into the wind, only to hear the sound of your
voice blown back at you?

It's hard to be heard in the midst of a storm. Trying to influence
federal legislation is much like yelling to be heard while
standing in a fierce wind. Yet when 80,000 voices join together,
they become a powerful force that cannot be drowned out.
Join HSLDA to be heard above the tempests that threaten homeschool
freedoms.

More reasons to join HSLDA...
http://www.hslda.org/elink.asp?id=1939

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