| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 3/7/2013 3:24:42 PM Darren Jones--HSLDA Parental Rights Legislation Introduced: No Action Currently Requested |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== Parental Rights Legislation Introduced: No Action Currently Requested Dear HSLDA Members and Friends, The Texas Legislature has introduced a number of bills in recent weeks that have the potential to influence the status of your parental rights, both positively and negatively. Background: First, the good news. Texas enjoys some of the best parental rights protections in the 50 states. As early as 1997, the legislature defined the job of the Department of Family and Protective Services to include providing family support and family preservation services "that respect the fundamental right of parents to control the education and upbringing of their children." V.T.C.A., Human Resources Code sec. 40.002 (b)(2). The Texas Legislature forced the DFPS to acknowledge parental rights as fundamental. A second statute protecting your parental rights comes from the Family Code. It states, "A state agency may not adopt rules or policies or take any other action that violates the fundamental right and duty of a parent to direct the upbringing of the parent's child." V.T.C.A., Family Code sec. 151.003. Not only does Texas law recognize that parental rights are fundamental, the Texas Attorney General has interpreted the law accordingly. The state can only challenge parental rights in narrow and extraordinary circumstances, namely the constitutional standard of "compelling state interest." Tex. Atty. Gen. Op., No. JC-0226. Upcoming Bills: But, there's even more that Texas can do to support parental rights. House Concurrent Resolution 38 would urge the U.S. Congress to the pass the Parental Rights Amendment and send it to the states for ratification. You can read about the national PRA amendment here http://www.hslda.org/elink.asp?id=17481 . We strongly believe that Texas' support for the national Parental Rights Amendment is crucial. Stay tuned to HCR 38, because we may ask you to call your legislators about this bill in the future. In the area of CPS reform, parental rights are being strengthened. House Bill 1152 would guarantee that parents accused of child abuse or neglect receive an expedited hearing. Although many homeschooling families will never encounter a CPS investigation, those that do face false allegations will benefit from laws protecting their parental rights. If Texas parents are threatened with losing custody of their children, HB 1152 will guarantee that they have their day in court. Additionally, House Bill 1323 adds additional due process protections to Texas families when they face a CPS investigation for child abuse or neglect. But, like with all freedoms, we must also guard against challenges that would erode parental rights in Texas. Senate Bill 303 challenges parental rights in the area of health care and treatment decisions. It would allow a doctor to forbid medical personnel from conducting CPR, even overriding the wishes of the patient or the patient's guardian. House Bills 391, 393, and Senate Bill 1148 make it easier for a grandparent to sue for possession or gain visitation rights to their grandchildren, against the wishes of the parents. Thankfully, none of these threats to parental freedoms are imminent, and we are keeping a diligent eye on them. Please don't hesitate to contact me at 540-338-5600 if you have questions about any of these bills. Standing with you for freedom, Darren A. Jones HSLDA Staff Attorney P.S. 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? Your support for our work enables us to defend individual families and protect homeschooling freedom for all. Join now >> http://www.hslda.org/elink.asp?id=17482 ---------------------------------------------------------------------- -> 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 ---------------------------------------------------------------------- ====================================================================== The HSLDA E-lert Service is a service of: Home School Legal Defense Association P.O. 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If this is an invalid email address or you have other problems, please reply to webmaster@hslda.org. ---------------------------------------------------------------------- DISCLAIMER: This is considered a private and confidential message from HSLDA to its bonafide HSLDA E-lert Service subscribers. HSLDA cannot attest to the authenticity of copies posted, forwarded, or sent by any party other than HSLDA. ---------------------------------------------------------------------- NOTE: Please do not reply or otherwise use this email address; hslda@hslda.org is for broadcast purposes only and is not intended to receive incoming messages. We cannot reply to any email sent to this address. If you have comments or questions, please send email to info@hslda.org or call HSLDA at 540-338-5600. HSLDA members can also email staff directly through the Members website at http://members.hslda.org/contact.asp. Thank you for your cooperation. ====================================================================== | |
