Showing posts with label constitution. Show all posts
Showing posts with label constitution. Show all posts

Wednesday, February 6, 2019

Bipartisan Coalition Letter to Protect Parental Rights

Link: https://parentalrights.org/parental-rights-amendment-introduced-today/
 

 

Dear Champion of Parental Rights,
This morning United Family Advocates, the bipartisan coalition with whom we are working on family law reforms, put our finishing touches on a letter to Congress outlining things we hope to add and to avoid in the upcoming re-authorization of the Child Abuse Prevention and Treatment Act (CAPTA).
The 16-page document will be ready for public presentation in the next day or two, and when it is it will be posted on this page of our website. Please check back February 7 to read it in full.
Letter Highlights
In the meantime, here are the highlights of the positions we have taken, joined by activists on both sides of the political aisle:
The current system takes too many children from innocent families. “[A] child abuse investigation is, itself, a trauma.”
Foster care, though sometimes necessary, compounds the trauma.
CAPTA should be amended to expand protections for
  • innocent families, 
  • including insuring fairer investigations, 
  • providing a notice of rights, and c
  • easing intervention against reasonably prudent parents. 
  • Further, services offered to help families in poverty or in other areas of need should be voluntary.
Of special importance, the standard for child removal must comport with the guarantee of Due Process provided in the U.S. Constitution.
  • “Safety Plans” should be presented as voluntary unless they really are legally binding. The current practice of initiating such “agreements” under threat of taking children must be corrected.
  • Innocent parents should not be added to child abuse registries, and should be able to have their name expunged from such registries through appropriate appeal and a fair hearing.
  • Poverty should never be confused with neglect. Parents should not lose their children simply because they are poor.
  • “Confidential” reporting should replace “anonymous” reporting, which will severely curb the abuse of child abuse hotlines. The hotline should not be a means for an embittered ex to accuse a fit parent of abuse when there is none. Requiring the caller to provide basic identifying information to the hotline (though still not to the accused) will go a long way to curing this problem.
We also rejected ideas of a national child abuse registry and of using predictive analytics to try to forecast who will be abusive or negligent, a system ripe for bias and abuse.
Broadly Diverse, But United
The coalition includes such conservative organizations as the Texas Public Policy Institute alongside such liberal champions as Richard Wexler and NYU Law Professor Martin Guggenheim.
Working together, we are able to find a welcoming audience in both the Democrat-led House and the Republican-led U.S. Senate, allowing us to make a difference in support of these family rights principles we all hold in common.
In short, it is our hope this effort will effect real change for parents in child abuse investigation situations for years to come.
Thank you for standing with us as we stand with respected allies from across the spectrum to promote the protection of your family through your parental rights.
Sincerely,
Michael
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May you find Strength in Your Higher Power,
 GranPa Chuck

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  Another Great Document for Your Library--Now Available
"Standing in the Shadow of the Law", Special Edition


Wednesday, May 17, 2017

NY: Is Your Home Your Castle ----or Not?


Like this castle, the Fourth Amendment offers private citizens protection.

Home School Legal Defense Association is appealing a judge’s erroneous ruling in favor of a police officer who forcibly entered a member family’s home.

Earlier this spring, the U.S. District Court for the Western District of New York determined that Lt. Joseph Buccilli could not have known he was doing wrong because the law in question is not specific enough. We have appealed in order to show not only that the officer clearly violated the Fourth Amendment, but that he did so in a way that adds to a troubling law enforcement trend.

The case began late in 2012 when HSLDA sued on behalf of Timothy, LuAnn and Joseph (Joe) Batt. On April 17, 2012, Buccilli forced his way into the Batt home without a warrant, ostensibly to investigate a tip alleging concerns about the care of LuAnn’s elderly father.

Dodging the Constitution?

At issue in this case are so-called welfare checks, which we believe are being used by some officials to circumvent constitutional protection for private citizens to be safe and secure in their homes.

Thanks in part to advocacy by HSLDA, most social services investigators no longer contend that they are exempt from Fourth Amendment restrictions. Instead, it seems more and more caseworkers are asking police to conduct “welfare checks,” apparently under the belief that the U.S. Constitution does not require warrants for state officials who are just checking on someone’s safety.

And in fact, the Western District judge did determine that the officer in the Batt case does enjoy qualified immunity, without ruling on whether he violated the Constitution.

Appealing to the Law

We contend that the judge is wrong and that the Batts’ rights were violated.

Numerous opinions in federal courts all the way up to the Supreme Court specifically declare that warrantless welfare checks in the home are subject to traditional Fourth Amendment analysis. Unless there is a clearly defined emergency, a state official simply cannot enter a home without a court order.

We intend to make this case when we file our opening brief with the U.S. Court of Appeals for the Second Circuit.

The outcome is important not just for the family’s sake, but because of the principles involved. As HSLDA has held since the time of our founding in 1983, the Fourth Amendment right of individuals to be protected in their own homes is not only a fundamental civil liberty; it complements the right of parents to direct the education of their children from the sanctuary of home.

As Michigan Supreme Court Chief Justice Thomas Cooley stated in 1868:
“The maxim that ‘every man’s house is his castle’ is made a part of our constitutional law in the clauses prohibiting unreasonable searches and seizures, and has always been looked upon as of high value to the citizen.”

For more information, visit our Batt case page.
Darren Jones DARREN JONES Litigation attorney
 

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May you find Strength in Your Higher Power,
GranPa Chuck

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Saturday, May 9, 2015

In 1923 Parents had RIGHTS. What Happened?



In 1923,
the Supreme Court pronounced parental rights worthy of protection under the 14th Amendment in Meyer v. Nebraska. The Court has recognized that parents have a “fundamental and protected liberty interest” in the government not intruding into their families and that fit parents are deemed to make decisions in the best interest of their child.

BUT
In 2000,

Troxel v. Granville changed the court's position. No majority of Supreme Court justices agreed that parental rights deserved “strict scrutiny” protection. The plurality decision in Troxel held that the court must merely grant “some special weight to” a fit parent’s decisions for their child. “Special weight?” That is a far cry from “strict scrutiny.” http://ow.ly/i/2Q4OL

ParentalRights.Org >>originally shared:

Let's Start a REVIVAL ~~~~~~ Constitutional Literacy
Learn More
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Shame on US



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Rethinking Foster Care:
Molly McGrath Tierney at TEDxBaltimore 2014 
  Let's Make This Go Viral ~ Please Share

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  • National Coordinator of the Family Survey Program
    When One Deals with the Child Protective AGENCY
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