Due process...except when the state takes your children!

Imagine being a family that has been praised by neighbors, newspapers, judges, and the goverment because you have given so many adopted children such a wonderful and loving home.

Imagine seeing your family's Christmas photograph on the front page of one of the largest newspapers in the state accompanied by a glowing article about the positive influence you've made in the lives of so many children.

Now imagine driving down the road a few months later and receiving a call from one of your children as she frantically tells you that she is hiding under the bed because strangers have stormed in and taken over your home.

When you arrive home, you are ushered into one room by police officers, seperated from your wife and children while government agents are interrogating them. Just when you think the overzealous agents have finally concluded that yours is a law-abiding and safe family, it gets worse. Suddenly, more officers arrive, yelling frantically and forcing you against the wall, while your children are whisked away in the "jail wagon" so the state can protect your children from...you!

Upon what evidence was this raid based? Surely there was a court order from a judge after being presented with pictures of horrible abuse or hearing convincing testimony of witnesses?

No, this raid was conducted on your family because of an anonymuse phone call to the state, and an arbitary decision by a low level social worker without a judge ever being notified.

China? Russia? North Korea? Try Houston, Texas, and then realize similar events like this happen all over our state on a regular basis.

Fortunately, my friends to whom this happened had the financial resources to hire legal counsel and go before a judge 48 hours later; their children were returned immediately. But that would still not be a happy ending if it were my four precious children being ripped from my arms for two whole days. Can you imagine how that would traumatize your children...any children?

Let me interrupt this wake-up call to make sure it is perfectly clear that I fully support the removal of children being abused. I also support immediate investigation when reliable tips or evidence of possible abuse is presented. However, before children are removed from their homes, there should be Due Process and a court order from a judge.

More importantly, if the state receives an anonymous tip that you are abusing your children, I having no problem investigating the tip. But they should not be able to take the children into the state's possession unless there is nowhere else for them to go. You, the parents, should have the right to direct the placement of your children while the state conducts an investigation. Whether you choose grandma, your sister or your neighbor, it is YOU, not that state, who determines where that children should be placed in order to protect protect them from unnecessary traumatizing.

Lest you think this sort of thing would never happen to you, perhaps you should ask yourself if anything in your family's lifestyle would be considered unusual by a neighbor's standards. Do you home school? Do you adhere to that tenets of your family? Do you discipline your children? These seem perfectly normal to you and me, but they are the basis for countless anonymous tips of "abuse" throughout our state every day.

Enough complaining about the current situation-it is time to do something about it. We are fortunate to have leaders in the Texas legislature like Representative Suzanna Hupp. She is working with her colleagues on legislation that will make sure the State of Texas is doing its best to protect ALL Texas children. We should rescue children in abusive homes not harass or remove children from loving homes.

Rep. Hupp's bill will give parents the absolute authority the placement of their children when Child Protective Services (CPS) conducts an investigation. There are, of course, safeguards in the bill to prevent the abusive parent from still having access to the children. The bill allows for Due Process once again by requiring court orders before children are removed and requires the state to expunge your family records when you have been falsely accused.

This type of legislation may not have been at the top of you list before reading this articles. I pray you do not receive the same phone call as my friends in Houston, Gary and Missy Gates. It was enough to motivate them to action in order to protect their children, and yours and mine. I challenge you to call and write your elected officials to make sure this legislation is passed before it happens to you and your family.