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SB 1064 by Senator Kirk Watson was filed early in the session, and it sought to allow CPS, in the course of an investigation of abuse or neglect, to get the medical or mental health records of children who are the focus of an investigation. In order for CPS to accomplish this, the person refusing to give the records and parents must be given notice and a court hearing and CPS must show "good cause" for the action before the court would order the release of said records to CPS.
However, the bill was substituted in committee for a very different SB 1064, which was passed out of the Senate and sent to the House. The new SB 1064 gave the court authority to force parents to give CPS access to the child and/or transport the child for "interview, examination and investigation," without a court hearing or notice to the parent. Worst of all, the language in the current statute that requires CPS to prove "good cause shown" was stricken. Thus this bill would allow CPS, during an investigation in which the parents would not waive their 4th amendment rights, entrance into their home, access to medical or mental health records of their children or transportation of the child, on the simple filing of an affidavit by a CPS worker with no hearing or opportunity for the parents or their legal counsel to present their case.
The reason that the committee substitute was not filed as the original bill is clear. It would have caused a firestorm of opposition for the wholesale destruction of parental rights in the course of an investigation of child abuse by CPS. When the bill was scheduled for a hearing in the House Human Services Committee, officials of the Parent Guidance Center - a pro-parent group that helps families who are under investigation by CPS - presented written testimony and signed witness cards in opposition to the bill. Strangely, that testimony and those witness cards were not entered into the record of the hearing on the bill.
On the last day of the session, Representative Patrick Rose, chairman of the House Human Services Committee, offered a floor amendment to SB 1440 (another bill by Watson), which was on the Local and Consent Calendar. The amendment offered by Rose was the language of committee substitute SB 1064, and since SB 1440 was considered non-controversial and the sponsor of the bill (Rose) agreed to the amendment, it was adopted on a voice vote, and the final language of SB 1440 includes the committee substitute language of SB 1064.
This whole sordid story is an example of how legislation that could never pass a public debate and vote in the Texas legislature can become law. I'm sure the intent of those seeking these changes is to protect children from abuse, but to allow this simply because it makes the process go faster is a gross abuse of parents' rights to protect their children. We hear stories on a regular basis of out of control CPS officials who regularly seek court orders without notice to parents who refuse to open their door and give CPS full access to their children. In fact, a story this week in Corpus Christi explains how a CPS worker made a false allegation of abuse for vindictive reasons. This bill, if it becomes law, will lead to abuse of innocent parents who are dealing with false accusations and simply seeking to protect their children.
I urge you to contact Governor Perry's office, as I have, and ask him to veto SB 1440 to protect the fundamental right of parents to guide and care for their children.
You can follow this link to let your voice be heard.
Wednesday, June 3, 2009
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16 comments:
As a liberal homeschool mother and as an adoptee, you do realize why they are doing this. They are looking to get custody of younger children preferably toddlers so that they can profit off adoption. There is big money to be had in the state of Texas when it comes to foster care, adoption, and all those big subsidies.
For Chet from Liberty the author of the Senate bill was Watson from Austin the House sponsor was Rose from Dripping Springs. Those two legsilators made this happen. The organizations which pushed for this legislation were TexProtects and The Center for Public Policy Priorities.
Thanks for this post. I contacted the Governor and posted a link to your post on my blog to try to help get the word out.
When is Gov. Perry likely to receive this bill? Has he made any statements regarding his intention? This is scary.
Getting close to time to start building gallows in on the capital grounds of our respective several states, and the cesspool that is DC. Most of the vermin in DC and more than a few in the state legislatures need to swing in the wind.
I wish the language offered by Mr. Lambert on why I should request Gov. Perry to veto this bill was more clearly stated. I read the actual insertions and deletions that this bill, if passed, would create. Although I believe that CPS is a quasi-Nazi organization, I frankly am confused on this one and will not follow the leader on this request.
Republican Rose is an idiot.
TO Anonymous, June 6, 2009, 11:00 a.m.
Representative Rose is a wild-eyed liberal democrat like his senate buddy Kirk Watson.
There are enough RINOS in the State Legislature without mislabeling these two socialists. THEY ARE DEMOCRATS, ELECTED IN THE DEMOCRAT PRIMARY.
An informed Republican Conservative
To Anonymous June 6, 2009 9:29 AM:
In my reading of the bill it seems quite clear that it is giving the court wide and arbitrary powers to make a ruling based only on an affidavit from CPS.
(b) If admission to the home, school, or any place where the
child may be cannot be obtained, or if consent to transport a child
for purposes relating to an interview or investigation cannot be
obtained, then, on presentation of an application supported by an
affidavit described by Subsection (c-2) that is executed by an
investigator or authorized representative of the department, the court having family law jurisdiction,
including any associate judge designated by the court, may, on
finding that the affidavit is sufficient and without prior notice
or a hearing, order the parent, the person responsible for
the care of the children, or the person in charge of any place where
the child may be to allow entrance, transport of the child, or both
entrance and transport for the interview, examination, and
investigation.
So what you are saying, Stephen, is that if I were to refuse to allow CPS contact with my child until a hearing or ruling or a "warrant"
with this bill they can assume that me wanting to WAIT for a warrant as a "delay tactic" and that alone being just cause to take my child anyway?!?
Texas Laws and CPS are a joke..i false report to cps can have a innocent family and child's life torn apart forever.Ripping a child from it's family would be more tramatic than anyone could imagine.Texas laws need to be changed.all the politicians that make all these promises just to get elected to office to help and support the needs of citizens need to be revoked asap.They are what is tearing this country apart today.
I am going through unfair accusations right now. My son was born June 24th and CPS came knocking 8 days later. I don't do drugs nor am I an alcoholic, but they had me evaluated and deemed that I need intense outpatient treatment. I refuse because I felt that was a complete misdiagnosis and a waste of my time. Now they are threatening court orders to have my 2 month old taken from my home. CPS is a joke. I told them to not to call me or come to my home again. We'll see what my lawyer does and the judge has to say. My son is happy and completely healthy 2 month old. There is no reason for them to try to force me to follow their system or be involved in my child's life. I feel that these people are the ultimate in home invaders.
Cps has way too much freedom to destroy lives and ruin any morals you have taught your children. When they go to your child's school, unannounced, call your child into a room with police officers and then proceed to ask that child all kinds of questions reguarding your private areas, and then without explanation send that child back to class confused and scared, they are out of control. They also use scare tactics and trickery to get your children to talk to them. Has anyone else been given the "oh, I sympathize with you wholeheartedly and I want to do everything I can to make you feel at ease" speach. Its amazing how quickly they do an about face and go bi-polar as soon as you say no to them for a safety plan. Talk about Jeckyl and Hyde, it was scary how angry a case worker got with me when I said no to them. i agree, this program is out of control and dangerous. Yes, i said it dangerous.
CPS destroyed our home back in 2005 after our school district allowed an unlicensed school psychologist intern to gift him into a false report: http://www.hcnonline.com/articles/2008/08/28/klein_sun/news/082908_parents_sue.txt
The CPS worker lied to make her case in taking our kids - without court order, without any reasonable shred of evidence... The supervising psychologist and Intern also got away without reprimand by their licensing board because of the immunities written into the law reguarding CPS reporting by "professionals". Many thousands of dollars later (and a few lost years of life due to stress) we got CPS out of our home - CPS does not need more authority whatsoever in my opinion.
With out organizations like CPS we would have alot of of children living in abusive homes, being moloested, beat up, mentaly abused. Yes I agree that sometimes they jump to fast before gathering the facts and listening to all parties involved but we need CPS because there are children out there that can not protect themsleves. Just think if we didnt have CPS how many kids would grow up thinking they are not worth fighting for. I do not agree that the state makes a profit off adopting children out and foster care, there are way to many children who needs homes that are not part of the system.
My daughter's two girls were removed from her care yesterday. From everything I have read on the internet, we will never see them again. The CPS worker told me on the phone I could come and get the girls in two days as it would take me that long to drive there. As soon as the papers were signed, we were told they could not leave after all. They lie. These two girls, one aged 5 and the other aged 3, would be big moneymakers for anyone looking to profit off their adoption and I suspect that is the case. As much as I hurt, as much as my daughter hurts, my two granddaughters, who are extremely close to their mother, hurt the most.
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