| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 2/19/2013 10:48:09 AM Tj Schmidt--HSLDA Please Act Now! Third-Party Visitation Bill Could be Voted on Today |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== Please Act Now! Third-Party Visitation Bill Could be Voted on Today. Dear HSLDA Members and Friends: In a surprise move, the main sponsor of the third-party visitation bill in Washington has introduced a second bill, House Bill 1934, today. This bill is identical to House Bill 1506. House Bill 1934 would allow any person who is not the parent of a particular child to petition for visitation with the child if they had "established an ongoing and substantial relationship with the child." Under this bill a person could even petition the court where the family is an intact two-parent home. We have learned that House Bill 1934 is scheduled for a vote today in the Judiciary Committee at 10 a.m. It is vital that you contact as many members listed below and let them know you are opposed to this bill. House Bill 1934 states that persons can demonstrate they have established an "ongoing and substantial relationship" when they have had a relationship with a child of "substantial continuity for at least one year through interaction, companionship, and mutuality, without expectation of financial compensation." Mutuality is simply shared sentiments. This bill will cause intact families, including perfectly fit parents, to face potential court challenges to their parenting decisions whenever they limit or restrict their child's visitation to any person. While the bill provides some minimal protections of parents' decision making, the parent will still have to defend any petition for visitation right, no matter how outrageous. The other third-party visitation bill, House Bill 1506, was heard in the House Judiciary Committee on February 6 and had been scheduled for a vote on February 12. However, your calls delayed the vote on that bill. While House Bill 1934 is identical to House Bill 1506, the new bill has 57 sponsors compared with 16 sponsors of the first bill. We still believe this bill would be bad for Washington families and can be stopped. Please contact all of the legislators below and oppose this bill. ACTION REQUESTED: 1) Please call and email the House Judiciary Committee members listed below and give them this message in your own words: "Please oppose House Bill 1934. This bill interferes with parents' fundamental right to direct the care, custody, and control of their children. No parents should have their decision on who visits their child challenged in court. Allowing any person who has formed a relationship with the child and family to be able to petition the court for visitation rights is outrageous. Additionally, this bill would allow courts to determine visitation even in situations where the family is still intact, jeopardizing family integrity. Please vote against House Bill 1934 and ensure that it is defeated." You do not need to identify yourself as a homeschooler; instead you can identify yourself as a concerned parent and taxpayer. Please let the legislator know if you are in his or her district. House Judiciary Committee Members Rep. Jamie Pedersen- Chair (D) (Primary Sponsor of HB 1934 and 1506) Phone: (360) 786-7826 Email: Jamie.Pedersen@leg.wa.gov Rep. Drew Hanson- Vice Chair (D) (Sponsor of HB 1934 and 1506) Phone: (360) 786-7842 Email: Drew.Hansen@leg.wa.gov Rep. Jay Rodne (R) Phone: (360) 786-7852 Email: Jay.Rodne@leg.wa.gov Rep. Steve O'Ban (R) Phone: (360) 786-7890 Email: Steve.O'ban@leg.wa.gov Rep. Roger Goodman - (D) (sponsor of HB 1934 and 1506) Phone: (360) 786-7878 Email: Roger.Goodman@leg.wa.gov Rep. Mike Hope (R) (sponsor of HB 1934 and 1506) Phone: (360)786-7692 Email: Mike.Hope@leg.wa.gov Rep. Laurie Jinkins (D) (sponsor of 1934 and HB 1506) Phone: (360) 786-7930 Email: Laurie.Jinkins@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) (sponsor of HB 1934 and 1506) Phone: (360) 786-7828 Email: Terry.Nealey@leg.wa.gov Rep. Tina Orwall (D) (sponsor of HB 1934 and 1506) Phone: (360) 786-7834 Email: Tina.Orwall@leg.wa.gov Rep. Mary Helen Roberts (D) (sponsor of HB 1934 and 1506) Phone: (360) 786-7950 Email: MaryHelen.Roberts@leg.wa.gov Rep. Matt Shea (R) Phone: (360) 786-7984 Email: Matt.Shea@leg.wa.gov BACKGROUND: Over the years, HSLDA has represented member families in conflict with grandparents and other relatives who did not like homeschooling. These relatives would occasionally try to stop the homeschooling through various means, including turning the family over to child welfare services. Thankfully, most grandparents we come in contact with at HSLDA support homeschooling and in some situations even participate in the teaching. However, House Bill 1934 would allow any third party to sue the parent for visitation rights. If this bill becomes law, a person could petition the court for visitation rights when both parents are together and not only when there is a pending dissolution, legal separation, or modification of a parenting plan proceeding. On the surface this bill appears to protect parents' rights by acknowledging that the decision of a fit parent is presumed to be in the child's best interest. Under House Bill 1934, the person filing a petition for visitation rights only has to allege that he or she had a sufficient relationship with the child before "interference" by the parent and that the child would likely suffer harm or the substantial risk of harm if visitation is not granted. A court then would hold a hearing if it finds it is more likely than not that visitation will be granted. In addition, House Bill 1934 does have a presumption that "a fit parent's decision to deny visitation is in the best interest of the child and does not create a likelihood of harm or substantial risk of harm to the child." However, this presumption can be overcome by the petitioner by clear and convincing evidence that the child would likely suffer harm or the substantial risk of harm if visitation is not granted. In Troxel v. Granville the U.S. Supreme Court struck down the prior visitation statute in Washington because the fundamental right of the parent to make decisions concerning the care, custody, and control of the children was violated. Justice Thomas, in his concurring opinion, stated that the standard of review to apply in this situation would be the strict scrutiny standard. This standard requires the law or policy enacted to be justified by a compelling governmental interest, that it be narrowly tailored to achieve that goal or interest, and that it be the least restrictive means for achieving that interest. We do not believe House Bill 1934 does this. Ever since 2000, when the U.S. Supreme Court struck down Washington's visitation statute in Troxel v. Granville, the legislature has attempted to pass another visitation statute. Up to now all have failed because they don't adequately protect the right of parents to make decisions on behalf of their children. Please contact the members listed above now to oppose House Bill 1934! The only difference between House Bill 1934 and House Bill 1506 is that the legislative summary is different. We have reason to believe that this was done to prevent an amendment striking the whole bill. The number of sponsors also indicates that Rep. Pedersen is aggressively trying to get this bill passed. We greatly value you and your support--it is a privilege to serve you! If you or someone you know is not a member of HSLDA, will you consider taking a moment today to join or recommend us and support our work defending individual families threatened by government officials and protecting homeschooling freedom for all? Join now: http://www.hslda.org/elink.asp?id=17133 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=17134 . Thank you for your part in fighting for freedom in Washington! Sincerely, Thomas J. (Tj) Schmidt HSLDA Staff Attorney ---------------------------------------------------------------------- -> What do you look like when you get out of bed? It's hard to look our best all the time. HSLDA works to present homeschooling in an engaging, dynamic, and informative light to the public news media. 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Thank you for your cooperation. ====================================================================== | |
