Child Custody and the Drug War

May, 2006

Suzanne Wills, Drug Policy Chair

On March 31, 2006 state funding for regional task forces in Texas officially ran out. The funding source, Byrne Justice Assistance Grants, will be funneled to counties along the Rio Grande for a new anti-drug program, Operation Linebacker.

The task forces paid officers and/or informants involved in the Tulia, Hearne and Dallas sheetrock scandals. They were known for hiring bottom of the barrel “gypsy cops.” Republican State Representative Terry Keel, a former prosecutor, was instrumental in eliminating the task forces after 18 long years. He argued that the problem was not just rogue cops but a confusing chain of command the left the officers unsupervised and unaccountable to local authorities.

Multi-jurisdictional programs have not ended. Under High Intensity Drug Trafficking Area programs DEA agents supervise local sheriffs and police officers. It is hoped that the similarity ends there.

Source: “End of an Era” by Nate Blakeslee, The Texas Observer, March 24, 2006

There have been two other small victories in drug policy. Texas Attorney General Greg Abbott ruled in early 2005 that physicians are not required to report the use of illegal drugs by pregnant women to law enforcement officials. Potter County District Attorney Randall Sims appealed to the 7th Court of Appeals in Amarillo. In March, the Court upheld the Attorney General’s ruling. Ever determined, Mr. Sims has asked the Court to reconsider. See “King v. Mothers,” Nov., 2005 Voter.

In December, 2004, Students for Sensible Drug Policy asked the Department of Education for a state-by-state breakdown of the nearly 200,000 people who have been denied student aid because of a drug conviction. SSDP requested a waiver of processing fees. The DOE refused to grant the waiver and asked $4,100 for the information. SSDP filed suit in federal court. In March the DOE agreed to rescind the fee and to furnish the information. The breakdown can be found at http://www.slate.com/id/2139803/sidebar/2139804/. 15,026 Texas students were denied aid. The government refused to recoup SSDP’s legal and filing fees. See “War on Low Income Students,” March, 2006 Voter.