Parent Guidance Center

This bill was originally filed as SB 1064 by Senator Kirk Watson (Democrat: Austin for Travis County-part) which DID NOT make it to passage. The language was then AMENDED onto Senator Watson's own SB 1440 by Representative Patrick Rose (Democrat: Dripping Springs for Blanco, Caldwell, Hays Counties) and passed this weekend on May 30, 2009. Families are at risk again and this legislation needs to be vetoed!

Why would the Chair of the House Human Services Committee (Mr. Rose) allow this legislation to even pass out of committee? Why would he allow the families already so devestated by CPS actions, who fought so courageously, to be further harmed now after Appeals all the way to the Texas Supreme Court and the 5th Circuit Court of Appeals (FLDS and Gary and Melissa Gates) struck down CPS actions and SENT THE MESSAGE TO CPS THAT THEY COULD NOT OPERATE OUTSIDE OF THE CONSTITUTION?

The Texas Department of Family and Protective Services (DFPS) in turn did a remarkable job after these rulings by changing, adjusting, re-educating, and clarifying their Policies and Procedures Hand-Book and employees knowledge so that these rulings would be upheld and their work in investigations and with families could be improved. DFPS was on the right track and they were getting the message! Now the legislature has placed all that work in jeopardy as well as the efforts by DFPS to rectify how they are supposed to protect children and help families. Shame on the Texas Legislature!

(KEEP IN MIND THAT THIS LEGISLATION DOES NOT IN ANY WAY HINDER THE EMERGENCY EX-PARTE HEARING, AND SUBSEQUENT ORDERS FOR EMERGENCY REMOVAL, THAT ARE AVAILABLE FOR CPS TO USE IN THOSE CASES OF OBVIOUS, IMMEDIATELY PROVABLE ABUSE. CHILDREN IN THAT SITUATION ARE NOT GOING TO BE LEFT THERE BECAUSE OF THIS LAW. CPS STILL MAINTAINS THEIR USUAL AND NECESSARY DISCRETIONARY POWER FOR AN EMERGENCY REMOVAL, ON THE SPOT, THAT IS NEEDED FOR THOSE OBVIOUS CASES.)

DO YOU HAVE CHILDREN?

ARE THEY SAFE?

EVERY FAMILY IS JUST ONE PHONE CALL AWAY FROM A CPS INVESTIGATION!

Telephone to Governor Perry's offices:

Citizen's Opinion Hotline [for Texas callers] :
(800) 252-9600
Office of the Governor Main Switchboard [office hours are 8:00 a.m. to 5:00 p.m. CST] :
(512) 463-2000
Citizen's Assistance Telecommunications Device
If you are using a telecommunication device for the deaf (TDD),
call 711 to reach Relay Texas
Office of the Governor Fax:
(512) 463-1849

EMAIL VIA: governor.state.tx.us/contact/

Call your Texas Representatives and Senators and express your OUTRAGE AND ANGER over their unanimous passage of this family-threatening, constitution-infringing, rights-trampling bill: www.legis.state.tx.us/

Call even if you are NOT from Texas because if this gets signed by the governor, it could be coming to the state where you live next!!!!!!

THIS BILL GIVES TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES MORE QUASI-POWER THAN THE POLICE! (simple court order to enter your home with NO probable cause instead of strict warrant rules)

THIS BILL CHALLENGES THE CONSTITUTION OF THE UNITED STATES OF AMERICA (families will not know they can refuse the court order on their 4th amendment rights because it is a court order with no hearing and no good cause shown-they may feel threatened by the court order and in turn "consent" under duress to a non-warrant search of their home and seizure of their children in ignorance and fear of the court orders being waived at their doors like a search warrant AND if they refuse to allow entrance, transport, or records confiscation they can then be charged with interfering in an investigation or held in contempt of court for asserting their Constitutonal Rights and even for misunderstanding the whole confusing process)

THIS BILL ALLOWS CPS EMPLOYEES TO GAIN ACCESS TO RECORDS and TRANSPORT YOUR CHILDREN FOR QUESTIONING IF THEY DEEM IT NECESSARY WITHOUT YOUR KNOWLEDGE OR CONSENT! (bill does not allow families to receive prior notice that the court order on their records is being executed or that their children are being transported for questioning)

THIS BILL DENIES PARENTS A HEARING BEFORE COURT ORDERS ARE SIGNED AGAINST THEM-CPS MAY SWEAR TO WHATEVER IS NECESSARY. (no due process for families under investigation whatsoever)

THIS BILL REMOVES "FOR GOOD CAUSE SHOWN" EXPLICITLY WHICH ALLOWS CPS TO JUST WANT TO GAIN ACCESS TO YOUR CHILD, ENTER YOUR HOME, AND LOOK AT YOUR RECORDS FOR ANY REASON THEY DEEM NECESSARY FOR THEIR INVESTIGATION. THEY ONLY NEED TO SAY THEY WANT SOMETHING TO "AID THEIR INVESTIGATION" AND IT'S THAT SIMPLE! (no probable cause protections whatsoever)

It will be easier than ever to use anonymous reporting to retaliate against families if this passes. No protections or rights against ABUSE OF POWER will be left in place!

HERE IS THE TEXT OF THIS BILL BEING SENT TO THE GOVERNOR: (important section highlighted in red - new sections added to existing law are underlined - the crossed out sections used to be in law but will be struck out after bill gets signed)

Link to Senate Bill 1440 on TX Legislature website:

www.legis.state.tx.us/tlodocs/81R/billtext/pdf/SB01440F.pdf

S.B. No. 1440

AN ACT

relating to orders and judgments rendered by associate judges in child support and child protection cases and to the investigation of child abuse and neglect.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subsection (a), Section 201.1041, Family Code, is amended to read as follows:

(a) If a request for a de novo hearing before the referring court is not timely filed or the right to a de novo hearing before the referring court is waived, the proposed order or judgment of the associate judge, other than a proposed order or judgment providing for enforcement by contempt or the immediate incarceration of a party, shall become the order or judgment of the referring court by operation of law without the signature of the judge of the referring court or ratification by the referring court.

SECTION 2. Subsection (a), Section 201.2041, Family Code, is amended to read as follows:

(a) If a request for a de novo hearing before the referring court is not timely filed or the right to a de novo hearing before the referring court is waived, the proposed order or judgment of the associate judge becomes the order or judgment of the referring court by operation of law without the signature of the judge of the referring court or ratification by the referring court.

(HERE IS THE PART ADDRESSING CPS INVESTIGATIONS)

SECTION 3. Section 261.302, Family Code, is amended by adding Subsection (g) to read as follows:

(g) The department, without filing suit, may seek a court order in aid of an investigation under Section 261.303.

SECTION 4. Section 261.303, Family Code, is amended by amending Subsections (a), (b), and (c) and adding Subsections (c-1), (c-2), (c-3), (f), (g), (h), (i), (j), (k), (l), and (m) to read as follows:

(a) A person may not interfere with an investigation of a report of child abuse or neglect conducted by the department or designated agency, and a court may render an order to assist the department in an investigation under this subchapter.

(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, [~~for good cause shown~~] 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, [~~shall~~] 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.

(c) If a parent or person responsible for the child's care does not consent to release of the child's prior medical, psychological, or psychiatric records or to a medical, psychological, or psychiatric examination of the child that is requested by the department or designated agency, 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 [~~shall, for good cause shown~~], order the records to be released or the examination to be made at the times and places designated by the court.

(c-1) If a person having possession of records relating to a child that are relevant to an investigation does not consent to the release of the records on the request of the department or designated agency, 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 records to be released at the time and place designated by the court.

(c-2) An application filed under this section must be accompanied by an affidavit executed by an investigator or authorized representative of the department that states facts sufficient to lead a person of ordinary prudence and caution to believe that:

(1) based on information available, a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect;

(2) the requested order is necessary to aid in the investigation; and

(3) there is a fair probability that allegations of abuse or neglect will be sustained if the order is issued and executed.

(c-3) An application and supporting affidavit used to obtain a court order in aid of an investigation under this section may be filed on any day, including Sunday.

(f) A court may designate an associate judge to render an order in aid of an investigation under this section. An order rendered by an associate judge is immediately effective without the ratification or signature of the court making the designation.

(g) As soon as practicable after executing the order or attempting to execute the order, as applicable, the department shall file with the clerk of the court that rendered the order a written report stating:

(1) the facts surrounding the execution of the order, including the date and time the order was executed and the name of the investigator or authorized representative executing the order; or

(2) the reasons why the department was unable to execute the order.

(h) A court issuing an order in aid of an investigation under this section shall keep a record of all the proceedings before the court under this subchapter, including a report filed with the court under Subsection (g). The record of proceedings, including any application and supporting affidavit presented to the court and any report filed with the court under Subsection (g), is confidential and may only be disclosed as provided by Subsection (i) or Section 261.201.

(i) If the department files a suit under Chapter 262, the department shall include with its original petition a copy of the record of all the proceedings before the court under this subchapter, including an application and supporting affidavit for an order under this section and any report relating to an order in aid of an investigation.

(j) As soon as practicable after the department obtains access to records of a child under an order in aid of an investigation, the department shall notify the child's parents or another person with legal custody of the child that the department has obtained the records.

(k) Access to a confidential record under this subchapter does not constitute a waiver of confidentiality.

(l) This section does not prevent a court from requiring notice and a hearing before issuance of an order in aid of an investigation under this section if the court determines that:

(1) there is no immediate risk to the safety of the child; and

(2) notice and a hearing are required to determine whether the requested access to persons, records, or places or transport of the child is necessary to aid in the investigation.

(m) A court's denial of a request for an ex parte order under this section does not prevent the issuance of a criminal warrant.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.

______________________________ ______________________________
President of the Senate Speaker of the House

I hereby certify that S.B. No. 1440 passed the Senate on April 16, 2009, by the following vote: Yeas 31, Nays 0; and that the Senate concurred in House amendment on May 30, 2009, by the following vote: Yeas 31, Nays 0.

______________________________
Secretary of the Senate

I hereby certify that S.B. No. 1440 passed the House, with amendment, on May 27, 2009, by the following vote: Yeas 148, Nays 0, one present not voting.

______________________________
Chief Clerk of the House

Approved:

______________________________
Date

______________________________
Governor

PLEASE JOIN TEXAS CITIZENS IN THEIR FIGHT AGAINST THEIR OWN LEGISLATORS WHO HAVE PASSED THIS DANGEROUS LEGISLATION AGAINST FAMILIES. CALL, EMAIL, FAX, OR TEXT GOVERNOR PERRY'S OFFICE AND ASK HIM TO VETO THIS BILL.

DO YOU HAVE CHILDREN? ARE THEY SAFE?

Parent Guidance Center

MISSION

To equip the parents of children who have been removed from their homes by Children's Protective Services (CPS) with the necessary tools to become successful families by providing guidance with dignity, support services, education, and resource coordination in Texas and beyond, to promote family reunification, and to provide preventative help to families at risk for abuse and neglect.

VISION

It is in the best interest of a child for his or her parents to get better.

PHILOSOPHY

Reunifying families and preventing future abuse and neglect.

PARENTS!!! If you are under investigation by CPS OR

if your child has ALREADY been removed from your home by CPS,

then immediately download this guide:

"A Family's Guide to the Child Welfare System"

Executive Director, Johana Scot, featured in new book about everyday citizens making a difference.

BEING THE DIFFERENCE: True Stories of Ordinary People Doing Extraordinary Things to Change the World

Click here for link to book at Amazon.com

WE SEEK TO CHANGE THE SYSTEM THROUGH AWARENESS, ANOTHER SIDE NOT OFTEN HEARD-THE FORGOTTEN STAKEHOLDER-THE PARENTS

PRESS RELEASE

Parent Guidance Center

9600 Escarpment Blvd, Suite 745-255

Austin, TX 78749

Released by: Judy Powell, Communications Director

Telephone: 832-592-1323

Email: judy@parentguidancecenter.org

June 4, 2009

FOR IMMEDIATE RELEASE

FLDS-STYLE RAID COMING TO A HOME NEAR YOU

COMPLIMENTS OF THE TEXAS LEGISLATURE

Austin, Texas: The Texas Legislature passed a new law, SB 1440, on May 30^th which will potentially suspend 4^th amendment rights against unreasonable search and seizure during the investigation phase of child protection cases.

Activists, advocates, and parents across Texas are calling for Governor Perry to veto SB 1440 to protect families' Constitutional rights.

All families are at risk in the state of Texas if the governor signs this bill. The FLDS case, where Texas took over 400 children based on the “umbrella of beliefs” held by their parents and no tangible evidence of abuse or neglect, demonstrated the sweeping power that the government wields against families, even when reports are false. Rights are ignored in the name of “child protection.”

If SB 1440 is not vetoed, Child Protective Services will be able to gain access to people’s homes and children by merely presenting an affidavit to the court asking for a court order to “aid in an investigation.”

This dispenses with a search warrant based on probable cause or a hearing during which parents can defend themselves and CPS must prove “good cause” for obtaining access to children and their medical and mental health records.

“If after being served this order, parents assert their 4^th amendment rights, they may be held in contempt of court!” said Johana Scot , executive director of Parent Guidance Center , an organization that helps parents involved in CPS cases. “How can this be in the best interest of a child in the United States of America ?”

The original bill (SB 1064 by Kirk Watson) died on the floor but was revived by Patrick Rose as a last minute amendment to Watson’s SB 1440 and seeks to get around obstacles to information gathering with merely a court order issued for “aid in an investigation” when accusations of abuse or neglect are made “based on information available” which in the case of the FLDS was a hoax phone call.

Parents who do NOT agree to let their children be questioned, transported, or traumatized by strangers could then be presented with a court order sworn by “an investigator or authorized representative of the department” who could then gain access to their property, records, and children. These court orders can also be obtained without a family’s knowledge that they are being investigated.

The new law goes even further by striking the term “for good cause shown” and lowers the evidentiary bar by only requiring “fair probability that allegations of abuse or neglect will be sustained if the order is issued or executed.”

A search warrant requires probable cause; CPS investigations will no longer require good cause at all. Anonymous reports and lack of a hearing will place all families in jeopardy.

“It is disappointing and disturbing that the Texas Legislature would seek to get around court rulings that kept families’ rights in place,” Scot said.

“This bill puts families between a rock and a hard place with confusing language that makes the law harder for ordinary citizens to understand rather than clarifying it.”

The Department of Family and Protective Services has already made great strides to change their policies and procedures after these court rulings.

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Press Conference Videos

Wednesday 6/10/2009

Tim Lambert, Texas Home School Coalition

Brian Russell, Texas Eagle Forum and SREC Rep Party

Jonathan Saenz, Free Market Foundation

Jerri Lynn Ward, Attorney on behalf of Parent Guidance Center

Debra Medina, Campaign for Liberty

Paul Perry, Active Mediator in cases involving children

Robert Butler, Executive Director, Libertarian Party of Texas

Pierre DeRochemont, Republican Liberty Caucus of Texas