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E-mail to TCFR supporters on January 22, 2004

CHILDREN ARE NOT MERE CREATURES OF THE STATE Part 1


        Within the context of parental rights and "the fundamental theory of liberty upon which all governments in this Union repose" the United States Supreme Court has emphatically affirmed that "the child is not the mere creature of the state" (Pierce v. Society of Sisters, 1925). Texas Center for Family Rights applauds that guiding principle of American liberty and fights to protect it for Texas families.

        Toward the end of last year House Speaker Tom Craddick appointed a Select Interim Committee on Child Welfare and Foster Care. With parental rights and true best interests of children under fire especially at the hands of Texas Department of Protective and Regulatory Services(TDPRS), we look forward to hearings of this Committee. We applaud Speaker Craddick's selection of Rep. Suzanna Hupp to chair this committee.

        Rep. Hupp boldly authored a bill we helped to draft last session which would have given parents significant authority to direct the placement of their children while being investigated. This measure would have radically reduced the psychological trauma inflicted upon children who are taken away from their parents often prior to court authorization. It could also save the state hundreds of thousands of dollars or more in foster care costs.

        As Chairman of this committee we encourage Rep. Hupp to immediately take the bull by the horns. This committee begins its hearings February 4th in Austin. That day it will hear from the State Comptroller's Office which initiated an investigation into TDPRS toward the end of last year. It will also hear from TDPRS itself.

        While the Committee's charges are limited to three major areas we trust that Rep. Hupp and the Committee will probe deeply enough to uncover conditions in Texas that act adversely to the child's best interests and must be changed.

        A look at states such as Illinois, Alabama, California, Wisconsin and New York reveals systemic sickness in the child welfare system. Should the state be removing children at such alarming rates if they are not mere creatures of the state? Why is it that studies show only a small percentage of children who are removed have been removed because of severe physical or sexual abuse? Why is it that the state is so quick to declare it has a better way when although there are many well-intentioned foster parents the rate of abuse in foster care far exceeds the rate of abuse among the general population.

        These are issues that must be addressed. Next week I will continue with "Children are Not Mere Creatures of the State" through an examination of research from a peer reviewed journal of the Institute of Pyschological Therapies. We will look at its critique of the business of foster care to reveal trends throughout the country. Texas has an opportunity through the review of the Interim Committee to uncover and overcome some of the same problems here. Rep. Hupp, be bold in your charges!
Respectfully,
Peter Johnston
President
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