Groups protest CPS bill

AUSTIN (KXAN) - Several groups are calling on Gov. Rick Perry to veto a bill that expedites child abuse investigations. They said the bill takes away a parent's 4th amendment rights.

The power of Child Protective Services has come under the spotlight ever since the 2008 raid on a West Texas polygamous ranch, when investigators removed more than 400 children from their families and later had to return them under a Texas Supreme Court ruling.

Shortly after, the U.S. 5th Circuit Court of Appeals ruled against CPS in the Gates case , where investigators entered a parent's home to take his children in for questioning without a court order.

"Children are not pieces of evidence," said Johanna Scot with the Parent Guidance Center in Austin. "You cannot a take a child as a piece of evidence and then return them in tact. They'll never be the same again."

Scot has joined several other groups including the Texas Freedom Network, Republican Liberty Caucus, the Libertarian Party and others in opposition to a bill that would allow CPS to obtain a court order more quickly in order to take alleged victims of child abuse in to child advocacy centers for questioning. Investigators would have to present the same evidence as they do now, but they would be able to get the court order in hours rather than days.

"You have to have an affidavit from an investigator with facts that allege abuse and you have to have probable cause," said Scott McCown with the Center for Public Policy Priorities. "This strengthens parents' rights. Those in opposition just don't understand how the process works right now."

McCown said the bill is necessary because it clearly defines "probable cause" for child abuse cases and lays out a streamlined process for investigations. It does not affect the state's ability to remove children from the home, just how quickly they can take them in for questioning.

"The bill creates an efficient process, like we have in criminal courts so you can get orders more quickly," said McCown. "It doesn't change the rules regarding the circumstances about when such an order can be issued."

However, that answer does not convince opponents, who fear more government power could lead to another mass raid that the court would not be able to rule against in the future.

"The Governor has to take a side on this issue," said Judy Powell, also with the Parent Guidance Center. "He has to act. If he does nothing, the bill becomes law."