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...
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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

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-> 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.

More reasons to join HSLDA...
http://www.hslda.org/elink.asp?id=1939

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