by Tim Lambert
Veto SB 1440:
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. Im 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 Perrys 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.
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. Im 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 Perrys 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.
