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| Date: From: Subject: | 5/5/2010 3:52:47 PM Home School Legal Defense Association Ohio: Update on HB 371--Bad Bill Slows Down But Still a Threat |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== Ohio: Update on HB 371--Bad Bill Slows Down But Still a Threat Dear HSLDA Members and Friends, The Civil and Commercial Law Committee is still considering House Bill 371, a 565-page bill that would restructure Ohio's abuse and neglect code and increase state intervention in the parent-child relationship. The bill's language singles out corporal discipline as a reason for state intervention and creates seven new and vague categories under which social workers could further justify taking whatever actions they deem appropriate during a social service investigation. An article published on April 26, 2010 by the Wooster Daily Record tells of a vigorous debate over whether the bill would actually provide any beneficial reform. Opponents of the bill argue that the language is vague and gives discretionary authority to social workers and judges who already have a lot of authority and discretion. One of the bill's sponsors, Representative Ron Amstutz, admits that the bill is in need of "corrective language." He notes that if the language is left the way it is, "almost every family would find themselves in violation." The director of Job and Family Services in Holmes County, Dan Jackson, has expressed concern that the bill would cause an overwhelming increase in calls to his agency. Consequently, children who are truly in need of services may fall through the cracks, while families who are completely innocent may be subjected to invasive intrusions. To read the full article, visit: http://www.hslda.org/elink.asp?id=8250 BACKGROUND HSLDA believes that all children should be provided a loving and nurturing environment by their parents. We agree that the state has a role to play in protecting innocent children from irresponsible parents or others. This bill, however, goes too far in extending government authority and would create a dangerous framework that would undermine family autonomy and put children at risk. Ohio's current child protective system is overloaded--passing this law would put an even greater strain on it to the detriment of children who legitimately require state assistance and protection. Please take action as requested below. This bill creates seven new categories establishing when a child is in need of protective services. The bill uses vague terms that would allow government officials great latitude for subjective interpretation. This would significantly expand state authority to remove children from the home or to interfere in Ohio families. The bill defines "lacking legally required education" to be when a child of compulsory school age has not regularly attended school, has not received a legitimate excuse, and has not received other education services as required by state law. The bill allows a "mandatory reporter" to inform an appropriate public children services agency when he or she believes that "the agency's intervention may help a child obtain legally required education." Mandatory reporters include doctors and health care professionals! The bill explicitly justifies intervention for the use of corporal discipline and includes new categories of harm such as "emotional injury," "lacking necessary health care," "lacking care or supervision," and "exposure to substance misuse." This kind of vague language leaves the door open for subjective interpretation. H.B. 371 also allows law enforcement officers to take a child into custody when there are "reasonable grounds to believe that the child's parent ... committed an act or omission that indicates that the child is a child in need of protective services." No person should be allowed to take another person into custody without probable cause that harm has or imminently will occur. This kind of language undermines the responsibility and authority of parents and places the state in a position to determine what is best for children. For more information on why you should oppose this bill, read attorney Jason Fuller's analysis on our website here. http://www.hslda.org/elink.asp?id=8251 Thank you for your strong support of freedom in the Buckeye state! Standing with you! Michael P. Donnelly, Esq. Staff Attorney ---------------------------------------------------------------------- -> How many news articles did you read this morning over your oatmeal? 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Thank you for your cooperation. ====================================================================== | |
