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5/19/2005 1:19:47 PM
Home School Legal Defense Association
Nevada--Called Needed To Protect Your Constitutional Rights!

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From the HSLDA E-lert Service...
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May 19, 2005

Nevada--Called Needed To Protect Your Constitutional Rights!

Dear HSLDA members and friends:

We need your calls immediately to help restrain social workers in
Nevada! Working with Frank Schnorbus of the Northern Nevada Home
School Advisory Council, HSLDA introduced SB 402, a child welfare
reform bill.

This bill will require all social workers to be trained in their duty
to protect your constitutional and statutory rights during an
investigation. Furthermore, this bill will require social workers to
inform you of the allegations against you during an investigation. Up
until this point, social workers in Nevada often will not tell what
the individual is accused of and simply demand entry into the home.
They also are not currently trained in your Fourth Amendment rights.

Amazingly, this bill has passed unanimously in the Senate. However,
the Chairwoman of the Assembly Healthy and Human Services Committee,
Sheila Leslie has said she will not allow it to be voted on Friday
unless we can show that there are some favorable votes on her
committee. We need your calls today and Friday or this much needed
child welfare reform bill will die!

ACTION REQUESTED:

1. Please call as many members of the Assembly Health and Human
Services committee as possible and give them this message:

"Please vote in favor of SB 402. This bill will give needed
constitutional protections to Nevada citizens during child welfare
investigations. If Nevada wants to continue to get federal funds for
their child welfare agencies, they must pass this law in order to
implement the federal law."

Members of the Assembly Health and Human Services Committee are as
follows:

Sheila Leslie - Chair 775-684-8845
Kathy McClain - Vice Chair 775-684-8835
Susan Gerhardt 775-684-8855
William Horne 775-684-8847
Ellen Koivisto 775-684-8597
Bonnie Parnell 775-684-8825
Peggy Pierce 775-684-8599
Sharron Angle 775-684-8848
Joe Hardy 775-684-8857
Garn Mabey 775-684-8827
Valerie Weber 775-684-8833

2. Please forward this e-mail to every homeschooling family you know
who is not a member of HSLDA and urge them to contact members of the
Committee and their own state representative.

BACKGROUND:

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 Nevada 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 Nevada 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.

To view a copy of Senate Bill 402, please go to
http://www.leg.state.nv.us/73rd/Reports/history.cfm?ID=2267

Sincerely,

Chris Klicka
HSLDA Senior Counsel



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For us, good customer service is both an art and a science
-it should appeal to our members and be effective. Consider what
our members say about us:

The freedom HSLDA allows me to have as I homeschool is wonderful!
They handle the law and I get to dedicate the time to my daughter.
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HSLDA members since 1993, our membership is just as important to
us as our children's curriculum. Thank you HSLDA for all you do on
our behalf! - West Valley, NY

More reasons to join HSLDA...
http://www.hslda.org/elink.asp?id=1941

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