| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 2/14/2011 1:52:14 PM Home School Legal Defense Association Washington: Urgent--We Need Your Calls to Oppose Social Worker Immunity Bill |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== Washington: Urgent--We Need Your Calls to Oppose Social Worker Immunity Bill Dear HSLDA Members and Friends: We need you to contact the all of the member of the House Judiciary Committee before February 17 to try and stop House Bill 1680. If passed, this bill would allow social workers and other government agents immunity from liability during their investigation of reports of child abuse or neglect. There have been a series of cases over 10 years in Washington that would allow a social worker or other government agent to be held liable to a parent or caretaker who has been reported for abuse or neglect. The main case, Tyner v. DSHS, held that there was an implied right of action for the negligent investigation of a parent or caretaker who has been accused of abuse or neglect. If House Bill 1680 passes then caseworkers in Washington will not be as concerned about their actions towards parents who have been reported for allegedly abusing or neglecting their children. They will be confident that they will not be liable for any act or omissions in their investigation, as it relates to parents who are the subject of a report. It will make no difference if you were falsely reported; the caseworker will have no duty to act reasonably toward the parents they are investigating. Please call and email the House Judiciary Committee members listed below now and urge them to oppose this bill! The Committee has scheduled an executive session on House Bill 1680 for February 17. ACTION REQUESTED: 1) Please call and/or email the House Judiciary Committee members listed below and give them this message in your own words: "Please oppose House Bill 1680. This bill will allow caseworkers to act in a negligent manner towards parents they are investigating, knowing that they will not be held liable for their act or omissions. Washington courts have for the last 10 years worked to limit the duty that caseworkers have, while protecting parents from the unreasonable behavior of caseworkers. Parents who have been falsely accused of abuse or neglect will suffer if House Bill 1680 passes. Please vote against House Bill 1680, and keep caseworkers liable for acts or omissions in their investigations." Do not identify yourself as a homeschooler; instead you can identify yourself as a concerned parent and citizen. House Judiciary Committee Members Rep. Jamie Pedersen- Chair (D) Phone: (360) 786-7826 Email: jamie.pedersen@leg.wa.gov Rep. Roger Goodman - Vice Chair (D) Phone: (360) 786-7878 Email: roger.goodman@leg.wa.gov Rep. Jay Rodne (R) Phone: (360) 786-7852 Email: jay.rodne@leg.wa.gov Rep. Matt Shea (R) Phone: (360) 786-7984 Email: matt.shea@leg.wa.gov Rep. Bruce Chandler (R) Phone: (360) 786-7960 Email: bruce.chandler@leg.wa.gov Rep. Deb Eddy (D) Phone: (360) 786-7848 Email: deborah.eddy@leg.wa.gov Rep. David Frockt (D) Phone: (360) 786-7886 Email: david.frockt@leg.wa.gov Rep. Steve Kirby (D) Phone: (360) 786-7996 Email: steve.kirby@leg.wa.gov Rep. Brad Klippert (R) Phone: (360) 786-7882 Email: brad.klippert@leg.wa.gov Rep. Terry Nealey (R) Phone: (360) 786-7828 Email: terry.nealey@leg.wa.gov Rep. Tina Orwall (D) Phone: (360) 786-7834 Email: tina.orwall@leg.wa.gov Rep. Ann Rivers (R) Phone: (360) 786-7850 Email: ann.rivers@leg.wa.gov Rep. Helen Mary Roberts (D) Phone: (360) 786-7950 Email: maryhelen.roberts@leg.wa.gov 2) Please call or email your state representative and give him or her this message in your own words: "Please oppose House Bill 1680. This bill will allow caseworkers to act in a negligent manner towards parents they are investigating, knowing that they will not be held liable for their act or omissions. Washington courts have for the last 10 years worked to limit the duty that caseworkers have, while protecting parents from the unreasonable behavior of caseworkers. Parents who have been falsely accused of abuse or neglect will suffer if House Bill 1680 passes. Please vote against House Bill 1680 and keep caseworkers liable for acts or omissions in their investigations." Do not identify yourself as a homeschooler; instead you can identify yourself as a concerned parent and constituent. To find contact information for your state representative please go to HSLDA's Legislative Toolbox at http://www.hslda.org/elink.asp?id=10303 and enter your ZIP code. BACKGROUND: In 2009 Washington state has 70,193 reports to the Department of Social and Health Services (DSHS). Of those reports 39,788 (56.7%) were screened out because they did not meet the definition of abuse or neglect. Of the 30,405 reports that were investigated 17,748 were found to be "unsubstantiated" and another 69 were found to be intentionally false. Only 4,521 of these report were actually "substantiated" while 8,067 (26.5%) were referred for an alternative response, but no child was determined to be a victim of maltreatment. This means that in less than 15% of all investigated reports a child was abused or neglected. If you look at all of the reports made the DSHS, less than 6.5% were actually found to involve child abuse or neglect. In Tyner v. DSHS a father was reported to have abused his children. During the investigation, the caseworker failed to notify the parents, and the court, that he had concluded his investigation and found that the allegations were unsubstantiated. Because of this failure, Mr. Tyner was denied access to his children for 4 1/2 months. Since then, there have been several cases in Washington that have limited the effect of the Tyner case or declined to extend the duty farther. However, the cases have continued to hold that caseworkers do have a duty to act reasonably in their investigations, even to those individuals that have been accused of abusing or neglecting their children. This bill was introduced last year but failed to pass. Please call now to help make sure that it is defeated again. If you are not yet a member of HSLDA and would like to help us fight for greater homeschool freedom in Washington please visit http://www.hslda.org/elink.asp?id=10304 . If you would like to be put on our free email list to receive vital e-lerts you may sign up at http://www.hslda.org/elink.asp?id=10305 . Thank you for your part in fighting for freedom in Washington. Sincerely, Thomas J. 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