| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 6/22/2009 4:15:30 PM Home School Legal Defense Association Texas--Your Calls Helped Work to Defeat Harmful CPS Investigation Bill! |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== June 22, 2009 Texas--Your Calls Helped Work to Defeat Harmful CPS Investigation Bill! Dear HSLDA Members and Friends: Thanks to an overwhelming response from you and other organizations in Texas who are lobbying for parental rights, Governor Perry vetoed SB 1440 last night! Also special thanks goes to HSLDA Legislative Counsel Tom Sanders, who was co-counsel in the Gates case decision that significantly persuaded the Governor to veto this legislation. What was most amazing is that the Governor vetoed the legislation in spite of it passing unanimously. Your calls and emails made the difference! Thank you for your calls and emails. They played a big part in bringing this dangerous bill to the attention of the Governor. ACTION REQUESTED: We now ask that you send Governor Perry emails or letters thanking him for his decision to veto the bill. Governor Perry will most likely be attacked by the media for his stance on this issue, so we need to encourage him in any way we can. You can send your notes of appreciation and thanks here: http://hslda.org/elink.asp?ID=6658 BACKGROUND: Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 1440 of the 81st Texas Legislature, Regular Session, due to the following objections: As a result of Gates v. Texas Department of Protective and Regulatory Services, Senate Bill No. 1440 would establish guidelines for Texas Department of Family and Protective Services (DFPS) caseworkers to follow when making entry and transport-for-interview decisions in alleged child abuse and neglect cases. The court's decision in Gates is extremely narrow in its articulation of the standards that must be met for transporting a child to conduct an interview. The decision also creates uncertainty about how court orders allowing such transport are to be obtained by DFPS under existing law. This court-created uncertainty must be addressed. Senate Bill No. 1440, however, overreaches and may not give due consideration to the Fourth Amendment rights of a parent or guardian. DFPS is charged with protecting the unprotected, and all parties involved benefit when procedures are clear and easily understood. Texas law should provide a clearly delineated investigative process that not only supports the rights of parents and guardians, but also provides DFPS with the proper authority and flexibility to protect the most vulnerable Texans. I am directing DFPS, through its parental advisory committee, to study the effect of the Gates decision on the ability of the department to appropriately enter a residence and, if necessary for the protection of the child, to transport the child for interviews in a neutral location. I am also directing DFPS, through its parental advisory committee, to develop and recommend statewide procedures to follow when seeking court orders to aid investigations, while protecting the rights of parents and families. IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this the 19th day of June, 2009. RICK PERRY Governor of Texas ------------------------------------------------------------------ Praise the Lord for another victory in the Texas Legislature! Sincerely, Chris Klicka HSLDA Senior Counsel ---------------------------------------------------------------------- -> What do you look like when you get out of bed? 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Thank you for your cooperation. ====================================================================== | |
