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7/16/2010 11:08:50 AM
Home School Legal Defense Association
HSLDA: Increase in False Allegations Stopped

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From the HSLDA E-lert Service...
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HSLDA: Increase in False Allegations Stopped

From: Family Protection Ministries (FPM)

California Assembly Bill AB 2380 (Lowenthal) - Child Abuse Reporting:
Hearsay

AB 2380, as originally written, contained a new provision that would
have dangerously added "hearsay" to current child abuse reporting laws
as a basis for reporting allegations of child abuse. This provision
would have caused a large increase in your chances of being falsely
accused of child abuse.

We are grateful to God that this dangerous provision in AB 2380 was
stopped! This victory demonstrates how God works in many ways,
including giving us at Family Protection Ministries (FPM) the
privilege of being used by Him to protect you and your children.

We at FPM worked long hours, behind the scenes, to eliminate this
dangerous provision. The work we did on this bill included
researching, formulating technical amendment language and
communicating with various legislative offices and organizations.

AB 2380 was passed by the Legislature after this dangerous provision
(adding "hearsay") was deleted from the bill. This final version that
was sent to the Governor's office no longer creates a problem for the
many innocent, loving parents raising their children in California.
Therefore, it will not matter whether the Governor signs or vetoes the
bill.

No action is required on AB 2380.

BACKGROUND:

A provision in AB 2380 would have resulted in mandatory child abuse
reporters reporting alleged instances of abuse or neglect in too many
circumstances when "hearsay" was the only information available to the
mandatory reporter. This provision would also have encouraged
untrained non-mandatory reporters (i.e. ordinary, everyday people) to
report somebody for child abuse based on "hearsay" alone. "Hearsay",
according to Black's Law Dictionary, relies on something that an
individual does not know personally, but only on what that individual
has heard others say. As such, this makes it impossible in most
circumstances to determine the credibility of "hearsay" by itself as
evidence of wrongdoing.

AB 2380's reliance and emphasis on "hearsay" alone as evidence would
likely have resulted in a large number of innocent California families
having to endure the trauma, the stigma, and the legal and financial
burden of an investigation of alleged child abuse, even if the reports
on these families were ultimately determined to be completely
"unfounded".

Already 75% of all child abuse reports turn out to be false
allegations. Of all reports that go on to be investigated, over 60%
turn out to be unfounded. If this bill were passed as originally
written, these numbers would have significantly increased.
We are very thankful for the critically valuable counsel provided to
us by Michael Smith at HSLDA as we worked to see the problem language
removed from this dangerous bill.

"Know therefore today, and take it to your heart, that the Lord, He is
God in heaven above and on earth below; there is no other."
(Deuteronomy 4:39)

**** ***** ***** *****
Permission is given to reprint this document or distribute it by email
in its entirety without alteration. You are encouraged to link to
this article on our website www.childandfamilyprotection.org.
***** ***** ***** *****

Roy Hanson's HELP Tree
Child and Family Protection Association
P.O. Box 730
Lincoln, CA 95648-0730
Fax: (916) 415-9470
contact@childandfamilyprotection.org

***** ***** ***** *****
DISCLAIMER: We are not responsible for the accuracy of copies printed,
forwarded, or sent by any party other than directly from Child and
Family Protection Association, a program of Family Protection
Ministries (FPM).
***** ***** ***** *****

DISCLAIMER: This is considered a private and confidential message to
HELP Tree Members only. We are not responsible for the accuracy of
copies printed, forwarded, or sent by any party other than directly
from Child and Family Protection Association.

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More reasons to join HSLDA...
http://www.hslda.org/elink.asp?id=1107

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