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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...
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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
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Praise the Lord for another victory in the Texas Legislature!

Sincerely,

Chris Klicka
HSLDA Senior Counsel

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