| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 6/8/2011 3:15:10 PM Home School Legal Defense Association New York--Dangerous CPS Bill Could Pass at any Time! |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== Dear HSLDA Members and Friends, One of the sections of Senate Bill 3306 would make it easy for Child Protective Services (CPS) caseworkers to threaten families under investigation with a crime when they refuse to allow their children to be interviewed. Under the bill, it would be a Class A misdemeanor to refuse to allow CPS to interview a child with the intent to conceal abuse or neglect. While a person could only be convicted of this crime if they prohibited CPSfrom interviewing their child with the intent of concealing abuse or neglect, we are concerned about the chilling effect this will have on law-abiding families who will feel pressure to allow CPS to interview their children when false and malicious reports are made. Senate Bill 3306 has been amended twice and has passed the Senate. While it is currently in the Assembly Committee on Children and Families, we have been told by staff of Assemblywoman Amy Paulin, the chair of the committee, that the bill could be brought to the floor at any time. We need your phone calls and emails to your assemblyman and others listed below. Please contact these legislators as soon as possible and ask them to oppose or amend the bill! REQUESTED ACTION: 1) Please call and email your New York assemblyman now and give him or her this message in your own words: "Please vote against Senate Bill 3306B as it is currently written. The provision in the bill, which would make it a crime to decline to allow your child to be interviewed by CPS, could be used to violate the Fourth Amendment rights of thousands of families each year. No innocent family should have to face threats of criminal prosecution for refusing to allow their child to be interviewed when false and/or malicious reports are made against them. Please remove the amendment of Section 195.05 of the penal law in Senate Bill 3306B." You do not need to identify yourself as a homeschooler, but instead identify yourself as a concerned constituent. To find the name and contact information for your state representative, use HSLDA's Legislative Toolbox at http://www.hslda.org/elink.asp?id=11481 . You can also find contact information for nearly all of the assemblymen here: http://www.hslda.org/elink.asp?id=11482 . You can also find their email addresses here: http://www.hslda.org/elink.asp?id=11483 . 2) Please call or email the Assembly leaders listed below and give them this message in your own words: "Please vote against Senate Bill 3306B as it is currently written. The provision in the bill, which would make it a crime to decline to allow your child to be interviewed by CPS, could be used to violate the Fourth Amendment rights of thousands of families each year. No innocent family should have to face threats of criminal prosecution for refusing to allow their child to be interviewed when false and/or malicious reports are made against them. Please remove the amendment of Section 195.05 of the penal law in Senate Bill 3306B." Assembly Leaders Assemblyman Sheldon Silver Speaker of the Assembly Phone: (518) 455-3791 Email: Speaker@assembly.state.ny.us Assemblyman Ron Canestrari Majority Leader Phone: (518) 455-4474 Email: CanestR@assembly.state.ny.us Assemblywoman Amy Paulin Chair of Committee of Children and Families Phone: (518) 455-5585 Email: PaulinA@assembly.state.ny.us Assemblyman Brian M. Kolb Minority Leader Phone: (518) 455-3751 Email: KolbB@assembly.state.ny.us Assemblyman James Conte Minority Leader Pro Tempore Phone: (518) 455-5732 Email: ConteJ@assembly.state.ny.us Assemblyman Gary Finch Minority Whip Phone: (518) 455-5878 Email: FinchG@assembly.state.ny.us If desired, you can find other leaders of the New York Assembly to contact here: http://assembly.state.ny.us/mem/?sh=lea . You do not need to identify yourself as a homeschooler, but instead identify yourself as a concerned New York citizen. BACKGROUND: Senate Bill 3306 was introduced on February 16, 2011. The bill has been amended twice since then. It passed the Senate on May 24 and was assigned to the Assembly Committee on Children and Families. Under Senate Bill 3306 it would be a class A misdemeanor if a person "intentionally obstructs, impairs or perverts the administration of law or over governmental function or prevents or attempts to prevent a public servant from performing an official function" by "denying or attempting to deny an investigation of child protective services"..."access to interview an alleged victim"..."with the intent to conceal abuse or neglect." New York is unlike nearly all other states that either screen in or screen out reports based upon what is actually reported. Therefore, anyone can make an allegation and that report must be investigated by social services. Under Senate Bill 3306, if an individual is the subject of a malicious or outright false allegation and they refuse to let the social worker interview their child, that caseworker could threaten the family with a crime. A Class A misdemeanor in New York could include a prison term of up to one year. 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 found to be unfounded; 54,156 (or barely 32%) are "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 have done nothing to abuse or neglect their children. If this bill passes as worded, it will not require parents to allow their children to be interviewed whenever they are investigated. However, HSLDA is concerned that CPS could use this to coerce families into allowing their children to be interviewed or face criminal charges. 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=11484 . Thank you for your calls on behalf of continued freedom in New York. Sincerely, Thomas J. (Tj) Schmidt Staff Attorney ---------------------------------------------------------------------- -> Have you ever yelled into the wind, only to hear the sound of your voice blown back at you? It's hard to be heard in the midst of a storm. Trying to influence federal legislation is much like yelling to be heard while standing in a fierce wind. Yet when 80,000 voices join together, they become a powerful force that cannot be drowned out. Join HSLDA to be heard above the tempests that threaten homeschool freedoms. 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Thank you for your cooperation. ====================================================================== | |
