Groups urging Perry to veto bill that would increase CPS' power

By AMAN BATHEJA Fort Worth Star Telegram - Fort Worth, TX

A coalition of conservative and libertarian groups is urging Gov. Rick Perry to veto a bill that would make it easier for Child Protective Services to remove children from a home while investigating possible abuse. Groups including the Republican Liberty Caucus of Texas, the Texas Home School Foundation and the Free Market Foundation have called on supporters to contact Perry’s office and request that he veto Senate Bill 1440. At issue is an amendment addressing instances when a parent refuses to let a CPS worker inside to investigate an abuse or neglect allegation. If the bill became law, a judge would be able to grant CPS a court order similar to a criminal search warrant, allowing a CPS worker to immediately enter the home and, if necessary, remove the child and secure medical and mental-health records as part of an investigation. It would be done without notifying the parent in advance. "It seems like we’re throwing the Fourth Amendment under the bus," said Tim Lambert, president of the Texas Home School Coalition. "It completely undermines parental rights." Diana Martinez with the Texas Association for the Protection of Children said the bill would not erode parental rights. Currently, judges handle such situations differently statewide, she said. The bill would make sure all judges followed the same procedure, she said. "It’s very similar to the search warrant procedure that we have in criminal context," Martinez said. "You still have to present enough evidence to a judge for the judge to issue the order." Lambert and other critics say CPS workers would abuse the new power and be able to remove children from homes and pry into family records based on little evidence. Critics also worry about how much CPS may rely on anonymous tips to secure court orders. The bill was originally filed by Sen. Kirk Watson, D-Austin. It passed the Senate but never got a vote in the House. In the last week of the session, Rep. Patrick Rose, D-Dripping Springs, added the language on as an amendment to another bill by Watson related to CPS. "This bill was, in my opinion, snuck through, and in fact, I don’t think the House knew what they were voting on," Lambert said. He wrote about the bill on his blog, rightintexas.com, last week in a post titled "Giving CPS a Blank Check." News of the bill soon spread to blogs statewide as well as the popular liberal blog DailyKos.com, all of which suggested that Perry veto the bill. Some online critics questioned whether the bill would make it easier for state authorities to seize large numbers of children, as it did at a polygamist ranch near Eldorado last year. The Texas Supreme Court ruled that CPS overreached its authority when it seized more than 460 youngsters. "This is clearly an overreaction to the fiasco surrounding the Great Eldorado Polygamist Roundup, and an unnecessary one," wrote Scott Henson, who blogs about criminal justice at gritsforbreakfast.blogspot.com. Perry spokeswoman Katherine Cesinger said Perry has taken no action on the bill and could not say whether he plans to sign it. Perry has until June 21 to sign the bill, veto it or let it become law without his signature. AMAN BATHEJA, 817-390-7695 abatheja@star-telegram.com

Star-Telegram.com Originally published Tue, Jun. 09, 2009

Back

For more information email: