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How many foster parent in here?
Posted: Tue Jun 14, 2011 8:41 pm
by Mr.ViperBoa
My wife and I are foster parents and we were taught that it is illegal to be in a vehicle with a foster child while transporting a firearm such as a chl. Every policeman I have known didnt know anything about it but I was releived to see this on a news letter from the NRA.
House Bill 2560 by state Representative Ralph Sheffield (R-Temple) and state Senator Craig Estes (R-Wichita Falls) will prevent the Texas Department of Family and Protective Services from adopting or enforcing rules restricting a foster parent’s ability to transport a foster child in a private motor vehicle if a handgun is present, as long as the foster parent is a Concealed Handgun Licensee and the handgun is “in the possession and control” of the foster parent. This is intended to mean that the firearm could be stored in the glove box, console or trunk of the vehicle. State agencies should not create disincentives to foster parenting by forcing those individuals to forego their Second Amendment rights!
Re: How many foster parent in here?
Posted: Tue Jun 14, 2011 9:22 pm
by KaiserB
Mr.ViperBoa wrote:My wife and I are foster parents and we were taught that it is illegal to be in a vehicle with a foster child while transporting a firearm such as a chl. Every policeman I have known didnt know anything about it but I was releived to see this on a news letter from the NRA.
House Bill 2560 by state Representative Ralph Sheffield (R-Temple) and state Senator Craig Estes (R-Wichita Falls) will prevent the Texas Department of Family and Protective Services from adopting or enforcing rules restricting a foster parent’s ability to transport a foster child in a private motor vehicle if a handgun is present, as long as the foster parent is a Concealed Handgun Licensee and the handgun is “in the possession and control” of the foster parent. This is intended to mean that the firearm could be stored in the glove box, console or trunk of the vehicle. State agencies should not create disincentives to foster parenting by forcing those individuals to forego their Second Amendment rights!
To my knowledge there NEVER was, nor currently is, a law so please tell you ill advised case worker or agency. There was discussion of a law at one time but the response from the legislature was the "CPS shall make NO law" bill. There is a set of laws in the General Code about preventing firearms access to minors, but that is not related to transport, CHL etc.
We adopted 2 children through the state about 5 years ago. The case worker was not amused during the home study with the number of firearms in the house, however we were in full compliance with the storage laws for TX so there was nothing they could do but pout.
Re: How many foster parent in here?
Posted: Tue Jun 14, 2011 9:27 pm
by Mr.ViperBoa
Thats good to know. Thats what they taught us in class and when I saw this bill being sent to the Governor to be sign I really relieved.
Re: How many foster parent in here?
Posted: Wed Jun 15, 2011 9:32 am
by KaiserB
Mr.ViperBoa wrote:Thats good to know. Thats what they taught us in class and when I saw this bill being sent to the Governor to be sign I really relieved.
CPS has a habit of making policy decisions that are detrimental to foster parents. If you really want adventures ask the difference between a "Best if Used by Date" v. a "Expiration Date" for food products.
What agency are you using? I assume it is either Arrow, Covenant Kids, or CPS direct.
Re: How many foster parent in here?
Posted: Wed Jun 15, 2011 11:22 am
by RPB
There was a battle between Senate and House over the language “in the possession and control”
IIRC
Senate or House one wanted amendment "on body carry" other Said "Under the control" of the CHL .... could be in center console, locked in briefcase etc ...
Conference Committee rectified it
http://www.capitol.state.tx.us/BillLook ... ill=HB2560" onclick="window.open(this.href);return false;
Re: How many foster parent in here?
Posted: Wed Jun 15, 2011 1:19 pm
by surprise_i'm_armed
Even though the proposed bill allows an adult with a CHL to possess a handgun in their vehicle,
it seems that people who carry in their vehicle under MPA would be disenfranchised of their rights.
Knowing how active and inquisitive children can be, it doesn't seem too safe to me that the gun could be
in the console or glove compartment.
A CHL could easily and legally carry "on body", which would keep it away from the child.
But if you wanted to carry on body under MPA, I think you could only do it while in your vehicle. Is this correct, per current statute?
SIA
Re: How many foster parent in here?
Posted: Wed Jun 15, 2011 1:53 pm
by RPB
In the olden days; glove compartments had locks on them.
The legislation was because Foster Parents with CHLs were being targeted by CPS.
I think the CPS was asking "do you have a CHL" and you couldn't lie, but there wasn't a "law" against a CHL nor MPA carrier fostering children, The CPS just used it as a criteria to discriminate .... that was my understanding. Like complainant says "take her kids away, she carries a gun everywhere" Investigator asks, is told they have a CHL, kids removed from home ...
They start asking everyone "do you have a CHL?" yes? application denied ...
There were several "stop the CPS from abusing power" bills in various forms that session.
Re: How many foster parent in here?
Posted: Wed Jun 15, 2011 4:08 pm
by Charles L. Cotton
TxLobo wrote:Neighbor was told by CPS to remove all firearms from his residence if they were going to continue with the foster care program.
No option of a safe, no storing them in an outbuilding away from the house.. They were told no firearms on the property by CPS..
I think they have changed caseworkers now and have that issue resolved, but there are/were some caseworkers that apparently interpreted the law in their own way.
We had to fix that a session or two back also.
Chas.
Re: How many foster parent in here?
Posted: Wed Jun 15, 2011 4:48 pm
by gigag04
My fiance and I plan on it at some point. In this thread for updates.
Re: How many foster parent in here?
Posted: Wed Jun 15, 2011 4:52 pm
by Charles L. Cotton
Charles L. Cotton wrote:TxLobo wrote:Neighbor was told by CPS to remove all firearms from his residence if they were going to continue with the foster care program.
No option of a safe, no storing them in an outbuilding away from the house.. They were told no firearms on the property by CPS..
I think they have changed caseworkers now and have that issue resolved, but there are/were some caseworkers that apparently interpreted the law in their own way.
We had to fix that a session or two back also.
Chas.
It was
SB322 in 2007. Departments can't ban possession, but they can set reasonable standards for safe storage.
Chas.
Re: How many foster parent in here?
Posted: Wed Jun 15, 2011 9:58 pm
by Mr.ViperBoa
KaiserB wrote:Mr.ViperBoa wrote:Thats good to know. Thats what they taught us in class and when I saw this bill being sent to the Governor to be sign I really relieved.
CPS has a habit of making policy decisions that are detrimental to foster parents. If you really want adventures ask the difference between a "Best if Used by Date" v. a "Expiration Date" for food products.
What agency are you using? I assume it is either Arrow, Covenant Kids, or CPS direct.
Covenant Kids. For the most part they are great.
Re: How many foster parent in here?
Posted: Thu Jun 16, 2011 6:17 am
by KaiserB
Mr.ViperBoa wrote:KaiserB wrote:Mr.ViperBoa wrote:Thats good to know. Thats what they taught us in class and when I saw this bill being sent to the Governor to be sign I really relieved.
CPS has a habit of making policy decisions that are detrimental to foster parents. If you really want adventures ask the difference between a "Best if Used by Date" v. a "Expiration Date" for food products.
What agency are you using? I assume it is either Arrow, Covenant Kids, or CPS direct.
Covenant Kids. For the most part they are great.
We used them also, they do a great job, but like most agencies some of their case workers have their own set of rules they add on top of the states rules.