| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 2/24/2009 3:02:34 PM Home School Legal Defense Association Nebraska--Call Judiciary Committee TODAY to Oppose L.B. 253 |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== Nebraska--Call Judiciary Committee TODAY to Oppose L.B. 253 Dear HSLDA Members and Friends, We need your calls now to stop potentially harmful legislation that will empower social workers to unreasonably interfere with your family. L.B. 253 is scheduled for public hearing on Wednesday, February 25. The bill proposes to rewrite most of Nebraska's Juvenile Code. HSLDA is concerned about the potential ramifications of this bill's attempt to redefine the state's jurisdiction over children and families. Because HSLDA often assists its members in dealing with interactions with social workers, we pay attention to the laws that define abuse and neglect. L.B. 253 will give social workers arbitrary discretion when investigating innocent families. ACTION REQUESTED Go to HSLDA's bill page for L.B. 253 (http://www.hslda.org/elink.asp?id=6172) and use the contact information for members of the judiciary committee to express your concerns about this bill. Please do not specifically note that you are calling as a homeschooler, as this bill affects all parents in Nebraska. Tell the committee in your own words that "I am not aware of significant problems with Nebraska's current juvenile code, but this huge bill creates an expanded definition of abuse and neglect that could result in arbitrary enforcement and allows police officers to take custody of children only based on a reasonable suspicion. I am also concerned that the bill allows the state to procure abortions for minors in their temporary custody without a parent's notice or consent. I would like to see this bill studied further before it is sent on to the full legislature for debate and possible ratification. Thank you!" BACKGROUND The bill is 320 pages long and adds 218 new sections of law to Nebraska's Juvenile Code. Among other things it would: > Redefine abuse and neglect in vague terms that would create the potential for arbitrary enforcement. The new definitions of neglect in sections 5 and 38 are expanded and include mental and emotional "harm" as elements of "abuse". > Allow law enforcement to take children into emergency custody without a court order "whenever it reasonably appears that a situation or set of circumstances exist which create an imminent risk of serious harm." Serious harm is defined in such a way as to allow for potentially arbitrary enforcement. Police officers are not psychologists and would be in the position of having to judge whether a parent's apparently reasonable disciplinary measures would result in "emotional or mental" harm to the child. > Allow the state to procure an abortion for a minor in their temporary custody (potentially even before a hearing ever occurred) without parental notice or consent. The bill also prohibits parents from visiting children taken by the state, even where the parent or one of the parents may not be an alleged abuser unless there are "compelling reasons shown by clear and convincing evidence." > Allows anyone, with the permission of the country attorney, to file a petition alleging that child is in need of state protection. If a family member didn't agree with homeschooling and could get a country attorney to agree that it was potentially causing harm, they might be able to file a petition for state protection. > Expand the definition of "child", increasing the age up to which the juvenile court may have jurisdiction until age 25 in some cases. > Extend the jurisdiction of juvenile courts to all members of the family regarding an allegation of abuse or neglect. If you receive any interesting responses from the senators you contact, please forward them to NE@hslda.org . Thank you for all you do to educate your children and to stand for freedom in Nebraska. Sincerely, Mike Donnelly HSLDA Staff Attorney ---------------------------------------------------------------------- -> 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 ---------------------------------------------------------------------- ====================================================================== The HSLDA E-lert Service is a service of: Home School Legal Defense Association P.O. 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If this is an invalid email 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 email address; hslda@hslda.org is for broadcast purposes only and is not intended to receive incoming messages. We cannot reply to any email sent to this address. If you have comments or questions, please send email to info@hslda.org or call HSLDA at 540-338-5600. HSLDA members can also email staff directly through the Members website at http://members.hslda.org/contact.asp. Thank you for your cooperation. ====================================================================== | |




