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2/16/2011 1:56:31 PM
Home School Legal Defense Association
New York: Help Stop Bill that Would Allow CPS to Enter Homes

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From the HSLDA E-lert Service...
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New York--Please Help Stop Bill that Would
Allow CPS to Enter Every Home They Investigate!

Dear HSLDA Members and Friends,

Senator John Sampson has introduced a bill that would strip every New
Yorker of their constitutionally protected right to say "no" to
government officials with child protective services (CPS).

Senate Bill 1669 would allow any CPS representative to obtain an
immediate warrant to enter an individual's home if that individual,
who is the subject of a CPS investigation, blatantly refuses to a
meeting or a home visit with the CPS caseworker. Under Senate Bill
1669 "blatant refusal" simply means verbally refusing to a meeting or
home visit by CPS. Under the bill anyone who blatantly refuses to
allow the CPS caseworker into his home, or consent to a meeting, will
be automatically indicated for a more thorough investigation.

Under Senate Bill 1669, to obtain a court order to enter a home and
investigate the well-being of the children living there, a caseworker
need only declare that he is a CPS representative, and provide
identification verifying this fact. The CPS worker can then demand a
meeting or entrance into the home of the individual who is subject to
an investigation. If the individual does not comply with these demands
within 24 hours, the CPS representative will have grounds to obtain an
immediate warrant. According to Senate Bill 1669, the CPS caseworker
will be required to obtain the warrant the very first time an
individual refuses a home visit or meeting.

REQUESTED ACTION:

1) Please contact the sponsor, Senator Sampson, and give him this
message in your own words:

"I am opposed to your attempt to strip New Yorkers of their 4th
Amendment rights in Senate Bill 1699. This bill is unconstitutional on
its face. Senate Bill 1699 would allow caseworkers to obtain a warrant
to enter an individual's home without the necessary probable cause,
simply because the individual said "no." No individual should be
denied their constitutional rights simply because of an anonymous
report to social services. Please withdraw this bill immediately."

You do not need to identify yourself as a homeschooler, but instead
identify yourself as a concerned New York citizen.

2) Please call or email your own state senator and give him or her
this message in your own words:

"I am opposed to Senator Sampson's attempt to strip New Yorkers of
their 4th Amendment rights in Senate Bill 1699. This bill is
unconstitutional on its face. Senate Bill 1699 would allow caseworkers
to obtain a warrant to enter an individual's home without the
necessary probable cause, simply because the individual said "no." No
individual should be denied their constitutional rights simply because
of an anonymous report to social services. Please oppose this bill."

To find the name and contact information for your state
representative, use HSLDA's Legislative Toolbox at
http://www.hslda.org/elink.asp?id=10359 . You can also find contact
information for nearly all of the senators here;
http://www.hslda.org/elink.asp?id=10360 . You can also visit fill out
this form: http://www.hslda.org/elink.asp?id=10361 to contact your
state senator as well.

Please identify yourself as a constituent.

BACKGROUND:

Senate Bill 1669 has been introduced and is currently in the Committee
on Children and Families. While there is no known hearing scheduled on
the bill, we believe this bill is so clearly in violation of an
individual's 4th Amendment rights that action should be taken.

We believe Senate Bill 1669 is an outrageous attack on your 4th
Amendment right to privacy in your home. Under the 4th Amendment you
have the right to be free from unlawful searches or seizures of your
property. In order to overcome your opposition to the searching of
your property, the Constitution requires a court order based on
probable cause or exigent (emergency) circumstances that preclude the
requirement of a court order.

Under Senate Bill 1669, no probable cause is necessary and no
emergency situation is needed to get an order to come into your home.
Under the Constitution an anonymous tip would never be adequate for
probable cause. Additionally, we are presumed innocent under the laws
of our nation and the Constitution. The mere refusal by an individual
to allow the government agent into their home would not satisfy the
probable cause standard.

In 2009 in New York, the most recent year that statistics are
available, there were 168,658 reports of abuse and neglect. Of these,
111,958 (or over 66%) were determined to be unfounded; 54,156 (or
barely 32%) were "indicated." In New York a report is indicated if "an
investigation determines that some credible evidence of the alleged
abuse or maltreatment exists." An indicated report does not mean that
the person has been found guilty of abuse or neglect. Over the years,
some parents HSLDA has assisted have been indicated even though they
did nothing to abuse or neglect their children.

New York is also unlike nearly all of other states that either screen
in or screen out reports based upon what is actually reported.
Therefore, anyone can make an allegation that must be investigated by
social services. Under Senate Bill 1669, if an individual is the
subject of a ridiculous allegation and he refuses let the social
worker into his home, a court order will be issued to enter the home
simply because the individual said "no."

If you would like to be put on our email list to receive vital e-lerts
you may sign up at http://www.hslda.org/elink.asp?id=7919 .

Thank you for your calls on behalf of continued freedom in New York.

Sincerely,

Thomas J. (Tj) Schmidt
Staff Attorney

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