AUSTIN - June 10, 2009 - Texas Libertarians will gather at the South steps of the state capitol today with a coalition of parents to urge Governor Rick Perry to veto SB 1440, which enables Child Protective Services (CPS) to remove children from their parents and examine medical and mental health records without a court hearing or parental notice. Current law already allows "emergency removals" when necessary.



"Senate Bill 1440 clearly violates parents' rights to due process in a court of law and strips parents of their fundamental rights to protect their children from over-zealous government agents," said Patrick Dixon, chair of the Libertarian Party of Texas. "The integrity of the family unit is vital to our society, and aside from extreme emergencies, the parents must have the opportunity to respond in court before a child is removed or private medical records are seized."



Sen. Kirk Watson (Democrat-Austin, Travis County-part) originally introduced this legislation as SB 1064, which did not make passage. At the very end of the legislative session, Rep. Patrick Rose (Democrat-Dripping Springs for Blanco, Caldwell, and Hays Counties) re-introduced it as an amendment to SB 1440 on the Local and Consent Calendar.



"This bill was snuck onto the Governor's desk at the last minute, abusing a process reserved for non-controversial legislation," declared LP Texas Executive Director Robert Butler. "Texans were given no opportunity to attend a hearing and voice our concerns about the new SB 1440. It is likely that the Fifth Circuit Court of Appeals will find this bill unconstitutional."



The Fifth Circuit Court of Appeals has ruled that CPS investigators "seek to involve the state courts, who act as neutral magistrates in these complicated matters, as early in the process as is practicable. In that way, the government may ensure that everyone's interests are considered, and the least amount of harm will come to the children the government seeks to protect, as well as to their parents" in Gary W. Gates, et al. v. Texas Department of Protective and Regulatory Services, et al.



"Child abuse is a devastating crime," states Dixon, "and removing a child from a home without due process is also abuse. Justice demands due process, and the accused parents deserve a public hearing. We need to maintain a balanced and constitutional approach."



About the Libertarian Party of Texas



The Libertarian Party of Texas supports more freedom and less government. We are fiscally conservative and socially tolerant.



We seek to restore the great American free enterprise system that made us the strongest, most powerful economy in the world: lower taxes, free markets, free trade, less regulation, and less red tape for businesses big and small.

We respect your right to live your life the way you see fit, and expect you to take responsibility for the consequences.



Find out more at: lptexas.org