More foster parent drama

[Mr.ViperBoa]

My wife and I being foster parents have regular visits from our case worker. She comes out once a month and her visits are always nice. She was here the other day and I brought up the the issue of HB 2560
concerning transporting foster children in a vehicle while carrying concealed. She said she didnt know anything about it so I was explaining it to her. The next day I get a call from our case manger asking about the new law that passed and what I knew about it. I told her about it and read it verbatim to her. She said that they had not received anything new from CPS and would look into it and get back to me. This is the email response I got back

I wanted to let you know that my licensing representative did get back to me and state that it is effective now that you can transport foster children with your gun with your concealed handgun license.

As far in the home you have to be a peace officer of some sort to be able to carry it on your person while in the home. Otherwise it needs to be stored appropriately once in the home. Let me know if you have questions, or if you are indeed a peace officer with your new job.

How contradictory is this? lol I am allowed to carry in my car with a foster child, but I cant carry at home. Is there anyone who can help me on this issue? I would think that they couldnt tell me that I cant carry in my own home if I can carry in a vehicle with a foster child. Makes no sense to me. Feel free to voice your thought but I am looking for someone who knows any laws or codes that would protect me in the matter. Thanks Folks.

[Dragonfighter]

Does this fall under the, "No good deed goes unpunished," umbrella?

Look, I don't want to come off harsh here but there is a reality that often comes with foster and adopted children. There is often an unattachment that brings with it dangerous and sometimes violent behavior. On the other side of the door is the reason the kids are in the system in the first place and that reason may come looking for them. The idea that you are not allowed to carry on your own property at anytime is beyond the pale and I cannot conceive of an instance where you would be precluded by law to carry in your own home. I think there is something about maintaining positive control (not allowing access) while a felon is there.

I could not find any specific law, state site search, that would defend you against this policy beyond those that acknowledge your right to carry in the first place. That said I could not find anything that would restrict carry of a weapon in your home unless you were a felon.

This sounds like an internal policy. Are these foster kids related to you? If not, and I hate to say this, I would be inclined to leave the system altogether before I would leave myself and mine unprotected.

P'raps Charles will way in.

[Jumping Frog]

This is the email response I got back

. . .As far in the home you have to be a peace officer of some sort to be able to carry it on your person while in the home. Otherwise it needs to be stored appropriately once in the home. Let me know if you have questions, or if you are indeed a peace officer with your new job.

Put the onus on them. People often make statements that doing "XYZ" with a firearm is "illegal". I always ask them to cite the statute or regulation.

It quickly separates the "winging it" response where they are making it up as they go from a legitimate restriction.

Personally, I doubt it is a crime, but it may be a stupid rule put into place by a hand-wringing blissninny for people in the foster parent program. If so, the question to them becomes whether violating a "rule" is simply a program violation or a crime.

[Dragonfighter]

This is the email response I got back

. . .As far in the home you have to be a peace officer of some sort to be able to carry it on your person while in the home. Otherwise it needs to be stored appropriately once in the home. Let me know if you have questions, or if you are indeed a peace officer with your new job.

Put the onus on them. People often make statements that doing "XYZ" with a firearm is "illegal". I always ask them to cite the statute or regulation.

It quickly separates the "winging it" response where they are making it up as they go from a legitimate restriction.

Personally, I doubt it is a crime, but it may be a stupid rule put into place by a hand-wringing blissninny for people in the foster parent program. If so, the question to them becomes whether violating a "rule" is simply a program violation or a crime.

Good answer. Go with this one.

[RHenriksen]

I encourage you to forward that email to the author of HB 2560, and perhaps cc: Alice Tripp of TSRA and all the of the co-authors of the bill as well. Ask the author if this was the desired outcome of his legislation (obviously it's not...) and if he's like to weigh in on the discussion.

http://www.house.state.tx.us/members/me ... istrict=55" onclick="window.open(this.href);return false;
http://www.house.state.tx.us/members/me ... strict=113" onclick="window.open(this.href);return false;
http://www.house.state.tx.us/members/me ... strict=144" onclick="window.open(this.href);return false;

I'm not sure how to get the representatives' email addresses, as opposed to the web form above for submitting one. But I bet Alice knows...

My wife and I being foster parents have regular visits from our case worker. She comes out once a month and her visits are always nice. She was here the other day and I brought up the the issue of HB 2560
concerning transporting foster children in a vehicle while carrying concealed. She said she didnt know anything about it so I was explaining it to her. The next day I get a call from our case manger asking about the new law that passed and what I knew about it. I told her about it and read it verbatim to her. She said that they had not received anything new from CPS and would look into it and get back to me. This is the email response I got back

I wanted to let you know that my licensing representative did get back to me and state that it is effective now that you can transport foster children with your gun with your concealed handgun license.

As far in the home you have to be a peace officer of some sort to be able to carry it on your person while in the home. Otherwise it needs to be stored appropriately once in the home. Let me know if you have questions, or if you are indeed a peace officer with your new job.

How contradictory is this? lol I am allowed to carry in my car with a foster child, but I cant carry at home. Is there anyone who can help me on this issue? I would think that they couldnt tell me that I cant carry in my own home if I can carry in a vehicle with a foster child. Makes no sense to me. Feel free to voice your thought but I am looking for someone who knows any laws or codes that would protect me in the matter. Thanks Folks.

[BrianSW99]

The caseworkers are given a lot of discretion when it comes to making rules on what you can or can't do in your home when you have foster kids. Just because it's not illegal or part of formal CPS policy doesn't mean a caseworker somewhere won't say you can't do it. More often than not that means if you challenge it the kids will be moved to another foster home. The CPS supervisors usually side with the caseworkers if you try to take it up the chain.

Brian

[RHenriksen]

The caseworkers are given a lot of discretion when it comes to making rules on what you can or can't do in your home when you have foster kids. Just because it's not illegal or part of formal CPS policy doesn't mean a caseworker somewhere won't say you can't do it. More often than not that means if you challenge it the kids will be moved to another foster home. The CPS supervisors usually side with the caseworkers if you try to take it up the chain.

Brian

I know we only hear about the CPS mistakes from the media, but (given that slanted perspective) methinks the CPS caseworkers' discretion isn't always what it could be/should be... :-(

Guess it boils down the OP's personal priorities on how he wants to pursue the issue, if at all.

[KaiserB]

The caseworkers are given a lot of discretion when it comes to making rules on what you can or can't do in your home when you have foster kids. Just because it's not illegal or part of formal CPS policy doesn't mean a caseworker somewhere won't say you can't do it. More often than not that means if you challenge it the kids will be moved to another foster home. The CPS supervisors usually side with the caseworkers if you try to take it up the chain.

Brian

I know we only hear about the CPS mistakes from the media, but (given that slanted perspective) methinks the CPS caseworkers' discretion isn't always what it could be/should be... :-(

Guess it boils down the OP's personal priorities on how he wants to pursue the issue, if at all.

My experience with CPS, 18 foster kids and 2 adopted kids is:

CPS workers make about $26K a year
Many CPS workers have a placating personality (tell you what you want to hear)
CPS workers are very overloaded and do not always do complete research or give complete answers. They often give the first answer they can find whether it is old or new data or unsubstantiated opinion.

CPS workers can use any help you can give them, so if you can point your case worker in the correct direction you will have the greatest impact.

[RHenriksen]

My experience with CPS, 18 foster kids and 2 adopted kids is:

Wow... my hat's off to you, sir.

[Mr.ViperBoa]

Thanks for all the replies. I am going to contact the gentleman who started the ball rolling on hb2560 and see what his answers are. Maybe he can give some insight to what they can and cant enforce.

[RiverCity.45]

This is, in fact, the rule for being a foster parent. Foster parents can take it or leave it, I suppose, since fostering is voluntary.

"(a) Firearms, hunting knives, bows and arrows, or other weapons kept on the premises of a child-care home must remain in a locked cabinet inaccessible to children during all hours of operation, with the exception of law enforcement officials who are trained and certified to carry a firearm and ammunition.

"(b) You must keep ammunition in a separate locked cabinet and inaccessible to children during all hours of operation. "

Reference:
TITLE 40 PART 19 CHAPTER 747 SUBCHAPTER S Division 1 RULE §747.3505
http://info.sos.state.tx.us/pls/pub/rea ... 47&rl=3505" onclick="window.open(this.href);return false;

FYI: foster parents have to follow the same rules as licensed in-home daycare:

(a) Foster family-homes.

(1) Definition. A foster family-home is the private home of a family that has been trained and appropriately licensed or verified to provide foster care for as many as six children at a time, including the family's own children.

(2) When appropriate. Foster family-homes are appropriate for children of all ages who can take part in family life and live in the community without danger to themselves or others.

(3) Licensing. To qualify for the placement of children in the Texas Department of Protective and Regulatory Services' (TDPRS's) managing conservatorship, a foster family-home must be:

(A) trained and verified by the Office of Protective Services for Families and Children (PSFC);

(B) independently licensed by the Office of Child-Care Licensing (CCL); or

(C) trained and verified by a CCL-licensed child-placing agency.

Reference:
Texas Administrative Code
TITLE 40 PART 19 CHAPTER 700 SUBCHAPTER M RULE §700.1321
http://info.sos.state.tx.us/pls/pub/rea ... 00&rl=1321" onclick="window.open(this.href);return false;

[comp73]

My folks are fostering kids of a family friend who has a drinking/drug problem. I asked the same question for when I come to visit. They asked their case worker about it and she explained that it was about preventing a foster child from gaining access to a firearm.

[RHenriksen]

My folks are fostering kids of a family friend who has a drinking/drug problem. I asked the same question for when I come to visit. They asked their case worker about it and she explained that it was about preventing a foster child from gaining access to a firearm.

I can certainly understand the merits of that concern. But IMNSHO a pistol is 'secure' when it's locked away in a safe, AND also secure if it's in a holster, concealed, on my belt.

So I agree with their goal, just not on their method of achieving it.

[Mr.ViperBoa]

My folks are fostering kids of a family friend who has a drinking/drug problem. I asked the same question for when I come to visit. They asked their case worker about it and she explained that it was about preventing a foster child from gaining access to a firearm.

I can certainly understand the merits of that concern. But IMNSHO a pistol is 'secure' when it's locked away in a safe, AND also secure if it's in a holster, concealed, on my belt.

So I agree with their goal, just not on their method of achieving it.

Thats my thoughts on it as well. Since HB 2560 it basically says that the fire arm is in control of a chl holder while transporting so its ok. Why would there be a difference when it comes to being at home? lol

[Right2Carry]

"(a) Firearms, hunting knives, bows and arrows, or other weapons kept on the premises of a child-care home must remain in a locked cabinet inaccessible to children during all hours of operation, with the exception of law enforcement officials who are trained and certified to carry a firearm and ammunition.

Does this mean that a law enforcement officer does not need to lock up his weapons at all? It can certainly be interpreted that way. Looks like technically a law enforcement officer could leave his weapon out anywhere in the house and be compliant to the rule. Yes I know that is not the intent but one could certainly make the argument with the way it is written.