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Congressional Breakthroughs in CAPTA Reform

Congressional Breakthroughs in CAPTA Reform...Continued from page 1

Christopher J. Klicka

Senior Counsel, Home School Legal Defense Association

One of the amendments requires that every state adopt provisions and procedures to require that a representative of the child protective service agency shall, at the initial time of contact with the individual subject of the child abuse and neglect investigation, advise the individual of the complaints or allegations made against the individual.

 

Unfortunately, social workers throughout the country often refuse to reveal the allegations against the home-schooling family.

 

The House Committee on Education and the Workforce issued "report language" stating Congress's intent: The Committee also heard concerns how most of these families were never informed of the specific allegations made against them in the first place. The Committee firmly believes that individuals being investigated for alleged child maltreatment should be informed of the specific allegations against them.

 

2. Training social workers to protect rights

The second and most significant amendment requires that all 50 states adopt provisions addressing the training of representatives of the child protective service system regarding their legal duties, which may consist of procedures to inform such representatives of such duties, in order to protect the legal rights of children and families from the initial time of contact during the investigations through treatment.

 

In short, this means that social workers will have to be trained and follow Fourth Amendment limitations and protections. They should know that using intimidation to enter the homes of innocent families violates the Fourth Amendment.

 

The full committee's report language states: Mr. Christopher Klicka of the Home School Legal Defense Association described numerous cases of innocent families being aggressively investigated on allegations of child abuse and neglect, only to have such cases later determined to be unsubstantiated or false. In his testimony describing a conversation with a former social worker, Mr. Klicka stated, "In the old days social workers tried to prove a reported family was innocent and considered the family innocent until proven guilty. Now the system operates on the principle that the family is guilty ..."

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