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2/19/2009 2:01:27 PM
Home School Legal Defense Association
West Virginia--Call Delegate Talbott to Stop Unlawful Seizure of Children

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From the HSLDA E-lert Service...
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West Virginia--Call Delegate Talbott
to Stop Unlawful Seizure of Children

Dear HSLDA Members and Friends,

Delegate Joe Talbott has filed a bill, House Bill 2022, that would
allow a social worker the unprecedented power to grab your child and
haul him away to be interrogated without even getting a judge's
approval first. This outrageous and unconstitutional scheme must be
stopped.

Our nation's founders were all-too familiar with how those in power
can abuse citizens. They penned the 4th Amendment to guarantee that
no government agent can come into your home, or seize or arrest you,
without a judge's approval. When a social worker forces a child to
submit to questioning, that is exactly the kind of "seizure" our
forefathers wisely protected us against.

Delegate Talbott needs to hear from you that you want him to withdraw
his unwise and unconstitutional bill.

ACTION REQUESTED

If you live in Del. Joe Talbott's district (all of Webster County,
plus Craigsville, Richwood and Fenwick in Nicholas County), call him
at (304) 340-3116 and ask him to withdraw the bill. Your message can
be as simple as, "Please withdraw H.B. 2022. Don't give social workers
the power to force a child to be interrogated without a judge's
approval."

BACKGROUND

When I spoke with Delegate Talbott on the phone, I explained that his
bill violated our 4th Amendment rights. He responded by saying it was
important to protect children. Protecting children is a laudable
idea--but not when it goes out of control and violates the U.S.
Constitution.

Under his bill, a social worker could forcibly take a child out of his
home to be interrogated if it is approve by a committee composed of
social workers and others. Committees may be great--but no committee,
no matter how wonderful, is a substitute for a neutral judge.

The 4th Amendment demands a judge give his approval before a citizen
is seized or arrested with a few exceptions--such as when there is a
life-threatening emergency, or when an officer sees a crime being
committed. The judge's approval can be in the form of a court order
or warrant.

Thank you for standing with us for freedom.

Sincerely,

Scott A. Woodruff
HSLDA Staff Attorney

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