Texas Report On Abuse At FLDS Compound

The Department of Family and Protective Services issued their report from their investigation into the abuses against the underage children at the Yearning For Zion Ranch in Eldorado, which is the Fundamentalist Church of Jesus Christ of Latter Day Saints compound that heavily in the news last April.

Nearly two-thirds of the families living at a polygamist group's ranch — targeted in a high-profile raid last spring — had children who were abused or neglected, Texas child welfare officials said in a report released Tuesday.

The Department of Family and Protective Services concluded there was evidence that 12 girls, ages 12 to 15, were "spiritually" married to adult men in the Fundamentalist Church of Jesus Christ of Latter Day Saints, which runs the Yearning For Zion Ranch in Eldorado. Seven of them had one or more children, the report says.

Another 262 children were listed as neglected because the agency said their parents knew there was sexual abuse in the household but did not move to protect their children from possible abuse.

The report, which summarizes the investigations done on all 439 children at the West Texas ranch, was issued at the request of the Health and Human Services executive commissioner, a gubernatorial appointee who oversees the protective services agency.

Read the rest.

All previous pieces on this issues can be found here.

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Court Rules Texas Must Return FLDS Children: Ruling Added.

[Update] PDF file of the ruling added below.

A quickie because I am preparing for my son's visit.

The Texas Supreme Court said in an unsigned opinion that Child Protective Services’ removal of children was “not warranted,” and that the agency had “failed to attempt legal steps, short of taking custody, to protect the children.”

The Supreme Court said that state District Court Judge Barbara Walther of San Angelo still has tools at her disposal to protect kids, even if she releases all of the more than 450 children.

The high court pointed to laws allowing her to issue orders to prohibit a child from being removed from a specific geographic area and force “removal of an alleged perpetrator from the child’s home.” Concealing a child or fleeing to thwart a child-abuse investigation also is illegal, the court’s opinion said.

More here.

[Update] PDF of the ruling here.


Texas Supreme Court Ruling-FLDS Children - Get more Legal Forms

FULL SCREEN LINK HERE.

Last two pages give some relief to the State to try to secure the safety of the children, short of removing them without further evidence:

The Department petitioned this Court for review by mandamus. Having carefully examined the testimony at the adversary hearing and the other evidence before us, we are not inclined to disturb the court of appeals’ decision. On the record before us, removal of the children was not warranted.

The Department argues without explanation that the court of appeals’ decision leaves the Department unable to protect the children’s safety, but the Family Code gives the district court broad authority to protect children short of separating them from their parents and placing them in foster care. The court may make and modify temporary orders “for the safety and welfare of the child”, including an order “restraining a party from removing the child beyond a geographical area identified by the court”. The court may also order the removal of an alleged perpetrator from the child’s home6 and may issue orders to assist the Department in its investigation. The Code prohibits interference with an investigation, and a person who relocates a residence or conceals a child with the intent to interfere with an investigation commits an offense.

While the district court must vacate the current temporary custody orders as directed by the court of appeals, it need not do so without granting other appropriate relief to protect the children, as the mothers involved in this proceeding concede in response to the Department’s motion for emergency relief. The court of appeals’ decision does not conclude the SAPCR proceedings.

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Exclusive: Attorney For Some FLDS Children Answer Legal Questions As CPS Appeals Appellate Court Ruling

In early April, 463 believed minors were removed from the Fundamentalist Latter Day Saints (FLDS) compound after U.S. Child Protective Services (CPS) witnessed evidence of child abuse at the Yearning For Zion Ranch (YFZ).

The State of Texas was given temporary custody of the children, along with orders for DNA testing to be done to determine blood lines and relationships.

On Thursday, May 22, 2008, the Texas Court of Appeals in Austin issued an opinion stating that not enough evidence was presented at the initial custody hearings for the District Judge, Barbara Walther, to order that 60 day temporary custody be given to the Texas State Child Protective Services.

I contacted Natalie Malonis, attorney ad litem for three of the FLDS children as well as co-counsel for another, to ask her what the legal process was, going forward, in regards to the children.

Malonis has extensive expertise in Family Law, Asset Protection and Estate Planning and Probate. Within Family Law, she specializes in complex, high-conflict custody litigation, as well as issues such as domestic violence, substance abuse and parental relocation.

This interview refers to those initial questions and the follow up questions that were subsequently asked, in order to understand the legal process.

S.D.: Yesterday when speaking to you about the legalities of the Appellate court's ruling and what the next steps were you said the CPS would probably, "file an application for write of mandamus with the Texas Supreme Court essentially asking the Supreme Court to command the appellate court to vacate their ruling".

Can you tell me what type of evidence the CPS would have to produce for the Supreme Court in order for them to vacate the Appellate courts ruling?

Natalie Malonis: Actually what happened today is exactly what I predicted yesterday. CPS petitioned the Supreme Court for a writ of mandamus today, asking that the Supreme Court order the appellate court to vacate its decision. There is no new evidence offered -- everything is by reference to the trial record, which would include a transcript of the proceedings as well as certified copies of all exhibits admitted into evidence and rulings on objections. CPS is making the argument that the Third Court of Appeals substituted its own discretion for the discretion of the trial court in reaching its decision, which is beyond the authority of the appellate court. The State is also arguing that the appellate court in essence engaged in a re-weighing of evidence, which again is beyond the appellate court's authority.

S.D.: You also said that presumably "CPS would seek a stay of enforcement of the appellate court ruling until the Supreme Court makes a decision."

Can you expand on that for readers that aren't aware of what a "stay of enforcement" is?

Natalie Malonis: Again, the State did in fact file an emergency motion to stay enforcement of the appellate court's decision and I expect the Supreme Court to rule on that before the end of the weekend. That is a request that no action be taken on the appellate court's ruling until the Supreme Court considers the case and makes a ruling. I think there is a very good chance that the Supreme Court will order a stay.

S.D.: You also gave me two possibilities of what can happen, one being the Supreme Court overturns appellate court ruling and the case progresses as it has, which is clear enough, and the other was that Judge Walther would have to vacate her temporary orders for those children of the mothers that applied for the writ with the third court of appeals.

My question stems from your comment after that when you said, "At that point Walthers could vacate ALL of the temporary orders and basically start over."

What exactly does that mean, "start over"? Would the court then start from scratch having a hearing for each individual child and deciding custody?

Natalie Malonis: If that is what happens, that throws the whole case in a procedural nightmare. At this point it is really too late to start over because the Family Code requires a hearing within 14 days of taking children into custody. Clearly the 14 day mark has come and gone, so there is really not an opportunity to redo the 14 day hearings. If the temporary orders are vacated, then the children would have to be returned to their parents or whoever is entitled to possession, where they would remain while the case proceeds. At that point the only way the State could take custody of the children while the case is pending is if there is some new evidence discovered that indicates that any of the children would be in immediate danger of harm unless they are removed. I believe one concern is that if the children are returned to the parents, there is a real risk that the parents may flee the jurisdiction with their children.

S.D.: Being you were the attorney ad litem for one of the young ladies that was deemed to be an adult, originally there were a number of people where the ages was "disputed", why were the ages disputed and what was required to prove their actual ages?

Natalie Malonis: I think the reason the ages were disputed in the first instance is because CPS felt like it could not rely on information provided by the parents and children. So, even if there existed some kind of evidence of age, CPS would not take the evidence at face value. Ultimately CPS stated that they would rely on birth certificates and drivers licenses to establish age if those documents could be otherwise verified. I have seen reports that CPS verified the documents by making calls to vital statistic offices to verify information.

S.D.: Why was it so difficult for CPS and the children and/or parents to establish the ages of those girls?

Natalie Malonis: I think the only reason was lack of trust flowing in both directions.

S.D.: Although the number is contradictory wherever it is reported, there are an unspecified number of children that are not matched with parents at the ranch, if the children were returned to the ranch, what would happen to those kids?

Natalie Malonis: If they have determined the children do not have parents at the ranch, I do not believe those children could be returned to the ranch. When children are in custody, they can only be returned to a person who is legally entitled to possession of the child. That would be a parent or legal guardian. Before those children are released, a parent or guardian would have to prove they are in fact entitled to possession.

S.D.: In the CPS update to the Senate there was an item listed under "cause for concern" that I wanted to ask you about.

The first cause for concern listed says: "There are 27 girls who have indicated that they are 14 to 17 years old. There are an additional 26 girls who have provided conflicting information about their ages, at some points indicating they are minors and at other times saying they are adults. Of these 53 girls, more than 30 have children, are pregnant, or both. Six of these girls have two children, and two have three children."

If 26 of those were under the disputed status and a number of them have been resolved as being adults, what happens to those that are admittedly under 18 and either pregnant or already have children, under the appellate's ruling, if it is not vacated by the Supreme Court?

Natalie Malonis: The appellate ruling only applies to the children of the mothers who were part of the petition to the Court of Appeals. It has been stated in the briefs that none of the pregnant minors are children of those particular mothers. That appellate decision would not, therefore, apply to those pregnant minors, and they would not be returned as a result of that ruling.

S.D.: Last question: In your professional opinion having experience in high-conflict custody litigation, do you have any insight as to what you think the Supreme Court will do?

Natalie Malonis: From a purely legal perspective, taking politics, emotion, and public perception out of the mix, I think the Supreme Court is on solid ground for setting aside the appellate decision. Whether that happens, however, is anyone's guess at this point.

End Interview.

(Note: Since conducting this interview with Ms. Malonis, the Supreme Court has requested the trial record from the appeals court, indicating it plans to work on the case over the weekend.)

All previous related articles on the FLDS children, from Wake up America, found here.

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Texas State Appellate Court Rules CPS Improperly Removed FLDS Children

38 mothers appealed to to the Texas State Appellate Court System, which in turned, ruled that temporary custody of over 460 children should not have been granted to the state after they were removed from the Yearning For Zion Ranch in Eldorado Texas.

On April 3, 2008, Child Protective Services (CPS) investigated claims of child abuse at the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS)and after observing what they described as abuse, via pregnant teenagers, they removed all the children from the ranch, pending investigations.

Within two weeks a Texas state Judge, Barbara Walther, had ordered 60 day temporary custody to the state of Texas, until investigations could be completed.

38 mothers appealed that decision with the Texas state appellate court who has just issued a ruling stating, "that the grounds for removing the children were "legally and factually insufficient" under Texas law."

The appellate court ruled the chaotic hearing held last month did not demonstrate the children were in any immediate danger, the only measure of taking children from their homes without court proceedings.

It is believed this ruling technically only affects the 48 children in question, but until further information comes out, that is not clear at this time.

The higher court did not order the return of the children to the YFZ ranch, and the CPS says they will appeal the decision which means they will have to provide the evidence needed to show that the children were in "immediate danger" of abuse.

Developing....

[Update] Texas CPS has provided the Budgetary Impact of the Eldorado Case (FLDS) to the Senate Finance Committee. (PDF file)


All previous related articles on the FLDS children, from Wake up America, found here.

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100 FLDS Children Not Matched To Mothers

5 judges, 5 court rooms and 3 weeks of court dockets cleared in the largest child custody action in America. A Canadian child with no parents at the ranch, family service plans, child abuse allegations and 100 children with no parental matches yet.

Those are just the tip of the iceberg in the problems that lie before the five judges set to preside over the status hearings of more than 460 children taken from the Yearning For Zion Ranch (YFZ), which is a Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS) compound.

Todays hearings are not custody hearings, they are status hearings, which means custody will not be the main focus, but the status of the children and the status of what needs to be done by the parents to assure the children, if given back to them, will not suffer abuse.

BACKGROUND.

It started with a phone call that allegedly from a 16 year old girl claiming she was being abused at the YFZ ranch in Eldorado Texas, although it was later speculated that the call was a hoax, which is being investigated, when Child Protective Services (CPS) investigated they witnessed a pattern of abuses happening to underage girls, via those children being pregnant and/or already having children.

Those observations prompted the state of Texas to remove all the children from the compound to investigate that pattern of abuse.

CHILDREN WITH NO PARENTAL MATCHES.

DNA testing was ordered by the court when Judge Barbara Walther order that 60 day temporary custody be given to the state of Texas of over 460 children removed from the FLDS compound on April 3, 2008.

The DNA test results will not be conclusive for two to four weeks, but using court documents as well as items removed, by order of a warrant, from the FLDS compound, 168 mothers and 69 fathers have been identified, leaving 100 children from the compound still have not been matched with mothers.

One of those children has been established as being a Canadian resident, which at first her Canadian parents said she had been visiting her grandmother at the Texas compound, but further investigating has found that the girl had no grandmother in Texas.

According to Debbie Palmer, who has compiled genealogical maps of families in the B.C. polygamous community, "the girl could not have been in Texas to visit her grandmother. There is no grandmother in Texas." The teenager's maternal grandmother lives in Alberta; her paternal grandmother is in B.C."

FAMILY SERVICE PLANS.

The purpose of these status hearings are for the judges presiding to assess the needs of individual families and examine what needs to be done so the parents can regain custody of the children and assure the state those children will not suffer any abuses if returned.

This involves what are being called "service plans" which have been generated using general templates that will be modified individually as per the needs of each family, at least those where family ties have or will be established.

Although these plans will be individualized, there are aspects of these plans that will stay the same across the board, such as the stipulation that parents who want the custody of their children back must renounce the sect practice of marrying under aged girls to older men.

Other steps that CPS workers are expected to recommend to the judges include assuring the state they can provide a home free from child abusers and demonstrating the ability to protect children from abuse.

One former Texas district court judge who now directs the Center for Public Policy Priorities in Austin, Scott McCown, says, "You can't be in bigamist marriages, and the other thing you can't do is marry off young teenagers to very old men."

In another interview, McCown also cautions those critical of the state by saying they "don't have all the confidential information that's before the state."

The family plans also call for psychological evaluations, a safe home environment and concessions that CPS workers be allowed to visit those homes.

There are many schools of thought on the actions of the state in this case, in which they removed all 460 plus children by considering the compound a "household", but these hearings are not addressing that action. The children were removed and these hearings are to determine the way forward, not to look back.

These status hearings are for one purpose and that is to establish what needs to be done to reunite the children with their parents and to assure the state that those children will not be put into an atmosphere where underage girls are "spiritually" married to older men and impregnated.

STATUS HEARINGS.

Five judges, five courtrooms, three weeks of cleared docket schedules all to assess the needs of individual families and what needs to be done to reunite the children with their mothers.

CPS spokeswoman, Marleigh Meisner, asserts that the ultimate overall goal will be reunification of parents and children and she states, "It is not about religion. It's about keeping children safe from sexual abuse. When we look to the possibility of returning children, we're going to be looking at a safe home environment for children."

She goes on to add, "The plans of service being filed with the court will be addressing specifically what the parents need to do to have their children safely returned."

Texas has up to a year to work with the families toward reunification. After that, extensions can be granted or the state can move to terminate parental rights.

The service plans will serve as a guide for the parents about what needs to be done to reunite with their children permanently and some parents are already declaring a willingness to do whatever it takes and some are not and have not even submitted the DNA samples to establish family ties.

That will most likely be the difference in who has their children returned to them and who will not.


All previous related articles on the FLDS children, from Wake up America, found here.

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Utah, Arizona officials reassure polygamists and defend Texas' actions

Not only is Senate Majority leader Harry Reid saying he is a "cheerleader for what Texas is doing", and that "Texas is doing what Utah and Arizona should have done decades ago", as well as encouraging federal authorities to start investigating underage marriages within the FLDS sects scattered across the country, but Utah and Arizona officials are also defending the actions in Texas at the same time as trying to reassure polygamists that they will not "go after" them for polygamy alone.

The actions they are defending is Texas' removal of 463 children from the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS) compound in Eldorado Texas, called the Yearning For Zion Ranch, after going there to investigate an allegation of abuse and witnessing other evidence of abuses, via underage girls being pregnant or already having children.

Child Protective Services immediately got permission to remove all the children, pending investigations about sexual abuse perpetrated on minor females by older men with full knowledge of the mothers.

After a two day hearing, a judge gave 60 day day temporary custody of all the children to the state of Texas until family ties could be established and further investigating could be done into the abuses CPS witnessed.

Status hearings for all the children must be held by June 5, 2008.

At a polygamy town hall meeting attended by more than 600 people in the Dixie Center yesterday, which included the Arizona's Attorney General, Terry Goddard and Utah's Attorney General, Mark Shurtleff, they sought to reassure the polygamists that were gathered that they had no intention of raiding their homes without evidence of other crimes than being part of the lifestyle of polygamy.

As a quick side note, Mark Shurtleff was in helpful in convincing Texas state legislators to strengthen their laws when the FLDS group first moved to Eldorado Texas.

Shurtleff's statement to the Texas legislator was clear and blunt, when told them, "Imagine a community run as a theocracy, where women are considered nothing but property, where women have two purposes -- to please their man sexually and have children."

The Texas legislators took his advice and made major changes to their laws against polygamy and underage marriage.

The specific laws in that bill that apply to the polygamist FLDS sect.

Prohibits marriage of people younger than 16. Requires parental consent of people 16-17;

Prohibits marriage between current and former stepchildren and stepparents;

Provides for felony prosecution of parents who allow children younger than 16 to marry;

Allows for prosecution of people who perform wedding ceremonies for people younger than 16;

Prohibits people from being in a common-law marriage if they are already married;
Makes having sex with first cousins a second-degree felony, while other forms of incest may be considered third-degree felonies;

Voids marriages in which one of the parties is underage, meaning that sexual acts committed during those marriages can be considered felonies.

Back to yesterdays meeting.

Although Utah and Arizona's Attorney Generals sought to make those assurances, they also defended the actions in Texas, with Goddard telling the group of polygamists that Texas was right in its removal of hundreds of FLDS children from the Yearning for Zion Ranch near Eldorado and continuing to explain why by saying, "There was one person with control over the whole structure and kids were getting hurt. I think they are rapidly coming to the conclusion that it's an inherently dangerous place and there aren't adults there who are sufficiently powerful to stand up to protect the children."

"No one expected, when we planned this meeting this year, what would happen in Texas. And yet, I ask you tonight, is anybody really surprised?" said Shurtleff, to murmurs of "no" from the audience. "Well, I'm not surprised," he agreed.

Shurtleff said the Texas raid on the FLDS people occurred because "some polygamous leaders have put their people in harm's way."

He then went on to tell them that there would not be any raids on polygamist sects in Utah, no matter what "talking heads" on cable television said.

As the article describes it, they polygamists gathered at the townhall meeting were not reassured that their lifestyle is safe from prosecution, with one man standing up to say, "As a defender of the faith, when you say you will not prosecute polygamy because you don't have the resources, I'm afraid one day when you do have the resources you'll come after me. I believe what happens in one person's bedroom, as long as they are consenting adults, it's nobody's business."

To which Shurtleff responded with, "We didn't make the law. I can't enforce that law (against polygamy) except as an additional crime with something else like child abuse. You're not protected in that. You stand up and say you're proud to be a polygamist and people look down on you. Well, you made your choice. I'm telling you it is a crime. I don't know how to answer you when you ask, what will we do when we get more resources?"

Although Shurtleff assures the public that without evidence of other crimes, his state will not pursue arrests just for the polygamist lifestyle, even though it is illegal in Utah, his previous words, via DallasNews.com, make it clear that despite his denials to Harry Reid's earlier accusations, he also believes that Utah and Arizona hold their fair share of blame for what has now happened, by ignoring the problems inherent with underage marriages with FLDS compounds.

His exact words, back in 2006 to the Los Angeles Times, were, "The fact that this has been going on all these years, and the fact that justice has not been there to protect women and children … from amazing civil rights violations – it is an embarrassment. I don’t want to indict the states of Utah and Arizona, but mea culpa – we are responsible."

Shurtleff also gave another interview in 2007 where he discussed the issues of bigamy, child sexual assault, child rape, incest and civil rights violations. He also explained why it has been so hard to prosecute cases such as this.

Another focal point during yesterday's meeting was when people in the audience were asked how many had family members caught up in the Texas raids and when many raised their hands they asked if these people would willingly take some of the children that were removed into their homes, they all raised their hands again.

Whether a judge will agree to allowing the underage children to move into homes where polygamy is openly being practiced against the law, is another issue altogether.

In the meantime the records seized from the raid in Texas is helping authorities piece together what life was like on the FLDS compound in Texas as well as family ties and the judge has ordered the Texas attorney general's office to serve as the prosecutor on all criminal cases connected to last month's raid of the compound.

All previous related articles on the FLDS children, from Wake up America, found here.

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Exclusive: An Interview With Natalie Malonis, Lawyer Representing FLDS Children

After authorities raided the FLDS polygamist compound, the world waits to see what will happen to the kids now held in protective custody. This is your up-close-and-personal talk with an attorney appointed by the court to represent some of the kids.

In early April, 463 minors were removed from the Fundamentalist Latter Day Saints (FLDS) compound after U.S. Child Protective Services (CPS) witnessed evidence of child abuse at the Yearning For Zion Ranch (YFZ).

The State of Texas was given temporary custody of the children, along with orders for DNA testing to be done to determine blood lines and relationships.

Many details about the CPS investigation have come out as of late, but all details lead to speculation about what will happen to the kids involved. The media, observes and the general public are now wondering how the children are doing in temporary foster homes, what type of parental visitation has been granted, and how the largest custody case in U.S. history will move forward.

In an exclusive interview with Natalie Malonis, the woman appointed Attorney ad litem for three of the FLDS children and serving as co-counsel for one other child, we get answers to a few of those questions.

Malonis has extensive expertise in Family Law, Asset Protection and Estate Planning and Probate. Within Family Law, she specializes in complex, high-conflict custody litigation, as well as issues such as domestic violence, substance abuse and parental relocation.

The reason I cannot answer some questions is because of the state disciplinary rules. Rules of professional conduct prohibit an attorney from disclosing anything about their clients without authorization. We're representing minors so they cant authorize disclosure. We're also not allowed to give an opinion on core issues while the case is pending.

(Correction made to this article as to the reason Ms. Malonis cannot answer certain questions.)

S.D.: First could you explain to readers what ad litem is, and what your responsibilities are regarding your young clients?

Natalie Malonis: An attorney ad litem in this context is an attorney appointed by the court to represent a child in custody proceedings instituted by the State (CPS or DFPS). My responsibilities are to determine whether my clients have the capacity to formulate objectives of litigation, and if so to express those to the court. In certain circumstances when a child lacks the capacity to direct litigation, because of age or mental status, etc, an attorney ad litem has some latitude to substitute the attorney's judgment for the child's.

S.D.: I understand that you can discuss issues that are already public record, so with that in mind, I see that recently the Department of Family and Protective Services has issued a preliminary report to the Senate Health and Human Services Committee. In that report it states that they have reason to believe that some of the children in the state's care do not have parents at the FLDS compound. What do you know about this claim?

Malonis: I did read that report, and I have seen it mentioned in the press. I do not know anything about any specific child, but it is my understanding that in trying to locate the parents of all of the children, CPS has preliminarily concluded that none of the adults living at the compound are the parents of some of the children in custody. I know that CPS is looking at a variety of records and sources to determine those identities and the process was initially obfuscated because some adults and some children would not speak of certain issues and would not identify family relationships. It is my understanding that situation has improved but is not resolved.

S.D.: In the 88-page warrant that was released, it named a number of items including computers, photos, journals and various items taken from the compound. Are you and other representatives for the children able to access those items to help you evaluate the situation, the history involved and so that you fully understand the circumstances?

Malonis: I believe the special masters have now completed their review of those items to determine if some items are privileged. In theory, the items should be available to CPS as part of a joint investigation with law enforcement, which means that in theory the items will be made available to the attorneys ad litem. As a practical matter, I am not sure how we will have access and what the procedure is for gaining or requesting access. Logistically this case has presented some difficulties with that type of thing simply because there are so many children with so many lawyers. Short answer to your question -- at this moment I am not aware of any attorney ad litem having access to the evidence, but we will have access at some point and in some manner.

S.D.: Have you been able to consult with your clients?

Malonis: Yes, I initially had difficulty locating one client, but there is no barrier to open communication and consultation with my clients.

S.D.: How do you react to news reports saying 31 out of 53 underage girls are in the custody of the State of Texas?

Malonis: If true, that is a shocking number. Based on testimony and evidence presented at trial, I am not surprised by that number.

S.D.: In your opinion, does that constitute what the state CPS officials call a "pattern of abuse"?

Malonis: I cannot comment on that specifically because it is an ultimate issue in these proceedings. If the number is accurate, intuitively it would appear that it is out of line with the general population.

S.D.: Howe often do you hear about how your young clients are adjusting to the care facilities in which they have been placed?

Malonis: I have frequent contact with my clients and with their supervisors and caseworkers. I get a report daily about how the adjustment is going and what services are being provided.

S.D.: What is your primary concern for the children if 1) they're awarded to the state permanently in the pending custody hearings and 2) if they are returned to the compound?

Malonis: That's a difficult question because each child has different circumstances, and they will adapt to their new environment in their own way and at their own pace. I could not give a single answer that would apply to all the children or even that would apply to each of my clients. I will say this: I am optimistic for each of my clients, and I am pleased so far with the level of care and accommodations for contact with their mothers. I think each of my clients will be fine, and I trust the process to protect them and ultimately place them appropriately -- it requires vigilance and commitment on the part of all involved in their care, however -- including attorneys, parents, caseworkers, guardians, and the judiciary.

S.D.: Are you involved in arrangements for the parents of the children to receive supervised visitation?

Malonis: Yes, I am. That was a priority from the start and visitation is taking place.

S.D.: Do you believe it is in your client's best interest to have that visitation?

Malonis: Speaking generally, I think it's best for kids to be able to have contact with their parents in controlled settings. The circumstances may vary from child to child depending on the individual needs.

S.D.: Have you spoken to your clients' parents?

Malonis: Yes, I have.

Q: What do the parents say about all of this when you speak with them?"

Malonis: The parents are looking forward to visiting with their children and, at least in my cases, the parents and their attorneys are being very cooperative and providing information that is requested. They have expressed a willingness to follow requirements of CPS and other professionals to regain custody.

S.D.: What proceedings are pending in relation to your clients?

Malonis: The next proceeding is a status conference of "60 day hearing." Each child will have this type hearing in the coming weeks.

S.D.: Have your clients had their status hearing dates set yet?

Malonis: Yes, I believe all of the status hearings are now scheduled.

S.D.: What testimony given at the hearings and subsequent reports by experts, concerned you the most?

Malonis: The testimony that there may be girls who believe that any age is acceptable for marriage is troubling to me. There was also some testimony that young boys may be abandoned, and that concerns me if it is true.

S.D.: Do you have any legal opinion about the CPS treating the whole compound as one "household," therefore removing all the children?

Malonis: This is an interesting issue of first impression as far as I know. The Family Code allows a judge to consider whether sexual abuse has occurred in a "household" as a factor in determining whether all other children in that same household are in danger. In that particular section of the Code "household" is not defined, although it is defined elsewhere in sections relating to family violence. I don't think the drafters of the Family Code would have contemplated this kind of communal living. It's unclear whether this type of closed environment fits squarely within the meaning of "household." I think there are very good arguments on both sides of that issue, and some of these cases may well turn on how the Court decides that issue. From her ruling at the 14-day she seems to be considering the community as one household.

S.D.: How does the legal team work together? I imagine coordinating such a large body can present challenges.

Malonis: We have 300 or so ad litems working on this case, and working with this group of people has been the single most uplifting experience of my career. You throw 300 trial attorneys together, and you expect to see loss of life or limb in short order. Not so in this case. Make no mistake, we have a huge, wide range of views on the case and proceedings so far. Nevertheless, there's a level of cooperation and sacrifice, generosity and kindness of spirit among this group like I've never witnessed. I have never been more proud of my profession, and I am humbled and grateful for the opportunity to participate.

All previous related articles on the FLDS children, from Wake up America, found here.

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FLDS Children Update Given To Senate Committee

Many details have come out since authorities took 463 children from the YFZ Ranch, which is a FLDS compound, the latest showing that boys who have turned 18 are choosing to stay with the state and some children might not have parents at the ranch.

According to the latest update that the Department of Family and Protective Services (DFPS)provided to the Senate Health and Human Services Committee, two boys in state custody turned 18 and have chosen to stay in state's care and based on interviews with the children, the Child Protective Services has reason to believe that some of the children in their care, "do not have parents at the Eldorado ranch."

Those are just the highlights of the news coming out about the children that were removed from the Yearning for Zion Rach (YFZ), which is a Fundamentalist Latter Day Saints (FLDS) compound, using a warrant based on calls from a person who claimed that she was an underage girl suffering physical and sexual abuse, including rape, at the ranch.

Although that original call might not have come from an underage girl and might have been a false call, once the authorities entered on a "good faith" basis, they discovered pregnant underage girls, girls with more than one child, papers indicating that rampant polygamy was occurring at YFZ, and even a document involving cyanide poisoning, they were able to obtain a removal order for all the children at the ranch based on their observations.

The very first interviews with underage girls at the ranch revealed a pattern of underage girls being “spiritually united” with adult men and having children with the men. Investigators also observed a pattern of deception in those first interviews. Women and children frequently said they could not answer questions about the ages of girls or family relationships. Children were moved from location to location in an apparent attempt to prevent investigators from talking to them. Investigators observed numerous girls who had small children, and girls told us that marriages could occur at any age. When an investigator asked one girl how old she was, she looked at her husband. “You’re 18,” he said. She then answered that she was 18. Other school-aged children and teens would provide only first names and said they didn’t know their birthdates or had been told by their parents not to answer questions.

Since then there has been a flurry of activity, there was a two day hearing to determine temporary custody of all the children, which led the judge ordering custody of the children be given to the state for 60 days and further ordering DNA testing to establish family lines and relationships.

The children were then moved to facilities, in large groups to keep many siblings together and the investigation continued to expose further details, including the fact that out of 53 young girls in Child Protective Services (CPS) custody from the ranch, 31 of them were pregnant or already had children.

The update provided to the Senate Committee on Wednesday, included some of the key challenges for investigators, the findings to date, and the care of the children.

CHALLENGES.

One of the key challenges from the beginning of the case has been that CPS had no degree of certainty about the identities of the parents of children in their care because the women that left the ranch originally to be with the children, gave multiple names and ages for themselves and the children and those stories about their names and family relationships continued to change with further interviews.

For example: When the children were to be moved to their temporary foster homes, after the buses had been loaded, one minor female who had previously said she had no children came forward and begged not to be separated from her baby, so CPS made arrangements for that young girl to be placed with the child.

Another challenge presented is due to cultural issues where due to the nature of the children of the YFZ Ranch being cared for, consoled, disciplined and breast fed, by multiple women, the children were not able to point out who was their actual mother, because all the women from the household were considered mothers and all the children considered siblings.

Based on interviews with the children, we have reason to believe that some of the children in our care do not have parents at the Eldorado ranch.

PRELIMINARY FINDINGS.

Although the investigation is still ongoing, the DFPS reported to the Senate Committee their preliminary findings which they state are "cause for concern".

* There are 27 girls who have indicated that they are 14 to 17 years old. There are an additional 26 girls who have provided conflicting information about their ages, at some points indicating they are minors and at other times saying they are adults. Of these 53 girls, more than 30 have children, are pregnant, or both. Six of these girls have two children, and two have three children.

* Medical exams and reports by the children indicate that at least 41 children have had broken bones in the past. We do not have X-rays or complete medical information on many children so it is too early to draw any conclusions based on this information, but it is cause for concern and something we’ll continue to examine.

* Based on interviews with the children and journal entries found at the ranch, we are continuing to look into the possible sexual abuse of some young boys.

It was already reported that 31 out of 53 underage girls were pregnant or had already had children, what wasn't previously known is that six of those those girls had two children and two of them already had three children.

If a 17 year old has three children, the reader can do the simple math about how young she was at the time of impregnation for the first of those children and that is assuming that the underage girls with three children were indeed the 17 year olds.

CULTURAL CONCERNS IN PLACING THE CHILDREN IN HOMES.

Once the judge had decided to grant the state temporary custody of the children, a main concern was not placing them in a position where the cultural shock of integrating them into society would prove damaging for the children, so the DFPS created a "Cultural Awareness Guide for Children from Eldorado", dated April 22, 2008, (6 page PDF file), which included information for that the caregivers should be aware of and prepared to deal to meet the needs of the FLDS children.

This also includes a glossary of terms that the children may use in their every day language.

In the guide it discusses the teachings of the children prior to their removal from the FLDS compound, such as children being taught to distrust the "outside world", males’ dominant females, electronics, including TV and radio, are prohibited although some women and older boys were allowed cellphones.

It was also noticed that "Since 4/4/2008- Children, while in care, especially young boys, have made derogatory remarks to staff of color."

The guide also discusses behaviors, foods that are acceptable, clothing for boys and girls, educational and healthcare backgrounds, recreation, home environment and religious beliefs.

The glossary of terms has a few items which some would find interesting, a couple examples listed below:

"Poofer", which is a slang term for girls who suddenly disappear from their community in order to take part in an arranged marriage. The girls are either kept hidden or moved to another state or country. This term is most often used by the FLDS Church.

Curse of Cain: Some fundamentalists believe African Americans are an inferior race. They also believe that black people are descendants of Cain and have been cursed by God and therefore ineligible to hold the priesthood.

There is a full list in the glossary portion of the PDF linked above, starting on page 5.

The DFPS also has another 4 page PDF document called, "Model for Care For Children from the Yearning for Zion Fundamentalist Latter Day Saints Sect", which discusses recommendations on how to handle individual issues that might arise while the children are in the custody of the state.

FLDS CHILDREN IN THEIR NEW TEMPORARY HOMES.

Reports are also coming in about how the children are adapting to their temporary placement homes, or to better state it, how the homes are adapting for the children.

Finding placement for 463 children wasn't an easy process and throughout the state of Texas, facility directors are keeping the press away from the children but are reporting how children and homes are adjusting.

Children are asking to bake bread, plant gardens, they want to pray twice a day, sometimes just siblings and sometimes all together and they sing. According to Delma Trejo, executive director of The Ark Assessment Center and Emergency Shelter for Youth in Corpus Christi, "They sing very beautifully."

DFPS prefers to keep siblings together but because of the unique situation where some minors have children, they have made arrangements to keep those young girls with their children and place them together. Those minors and their babies went to Seton Home in San Antonio.

Seton Home is a facility for providing a nurturing environment that fosters childbirth and proper parenting skills for homeless teens that are pregnant and/or parenting and have chosen to keep their babies.

Boys over the age of 8 years old went to Cal Farley's Boys Ranch in Amarillo, which is one of America's largest privately-funded child welfare providers specializing in both residential and community-based services and has been in business since 1939.

Some of these facility directors are reporting how things are going with their new wards with specific descriptions of how they are accommodating the religious and cultural differences of the FLDS children.

Televisions have been covered up or kept off. Walls have been repainted to cover up hues of red, a color the FLDS consider sacred. And activities are being kept simple.

Ed Knight, president of the Presbyterian Children's Homes and Services says, "We're not hiding our culture, but we're certainly sensitive to theirs. It's a very slow process of developing trust, but we're not having difficulties." He continues on to say that the FLDS children, for the moment, are being kept apart from other youths and that, "They are not interacting with the other children. We're limiting the number of our own staff that are interacting with them. We're taking it slow and easy."

The children also are being shielded from media, who have come from across the world to track the raid on the polygamous sect in Texas.

"They just deserve privacy like every other foster child on earth," said Charee Godwin-Smith, director of development at the Presbyterian Home for Children in Amarillo. "You don't want to walk outside and have news cameras in your face."

A spokesman for Methodist Children's Home, Bryan Mize, discusses their dietary preferences and needs, saying the children prefer a natural, healthy diet and that some have asked to make smoothies of almonds, water, honey and olive oil. He says that now they are becoming comfortable at the facility they are eating more.

For group activities, children at the home prefer kickball, jump-rope, tag, and arts and crafts. At two Presbyterian Children's Homes, in Waxahachie and Amarillo, children have been given chalk, crayons and Etch A Sketches and are participating an hour a day in educational games as part of assessing literacy, Knight said.

THE CUSTODY HEARINGS.

Last but not least is the issue of the custody hearings which as per the judge's orders will be complete for each child by June 5, 2008.

The FLDS lawyers are arguing the removal of the children on the basis of constitutional issues, claiming the removal constituted a "massive" violation of due process because allegations that the calls to the authorities spurring the raid were placed by a woman who was not within the YFZ compound.

One judge has already thrown that argument out because the FLDS lawyers would have to prove and have not been able to, that the state fabricated the call or misled the judge who granted the initial search warrant, neither of which the judge found plausible.

Once the authorities entered and started their interviews, it was their observations, specifically of multiple minors being pregnant and/or already parents, that led a judge to sign the order of removal.

PARENTAL VISITATION.

Under Texas law, parents are allowed to visit their children in state custody.

According to Mary Walker, a spokeswoman for the Department of Family and Protective Services, the DFPS is trying to make the appropriate arrangements for supervised visits for the parents with their children on state protective services. For the mothers and some of the fathers.

The difficulty in making those arrangements stem from some of the key challenges listed at the beginning of the article. The DFPS has to be able to establish who the mothers and fathers are and of which children, which is where the DNA tests will come in handy for the state of Texas to make those arrangements.

Many of the people from the FLDS Ranch are packing up their belongings and moving to different cities so that they can be closer to their children for visitation. They are finding jobs, made harder because many have no work histories at all, and apartments in a world now foreign to them.


Previous related articles:

CPS Official: History Of Injuries Found in FLDS Children

FLDS Teenager In State Custody Has a Baby Boy
31 out of 53 teenage FLDS girls pregnant or already had babies
FLDS Children Moved, Samples Sent, Senate Leader Speaks and FLDS Men On The Run?
Accommodations and Education For The FLDS Children- Women and Children Being Moved
More FLDS Children In Texas State Care Than Thought, Some Canadian Children
As DNA Testing Begins For FLDS Members, Questions of Lineage, Disease, and Law Arise
Polygamist Group, FLDS Children To Be Placed In Foster Homes This Week
Judge Orders Polygamist, FLDS Children To Stay in Texas State Custody
Update On The FLDS Custody Hearing Regarding the Children of the YFZ Ranch- Day Two Begins--All Day Updates
Custody Hearing for the Children of the Polygamist FLDS Sect Starts
The Forgotten Children of the FLDS Polygamist Group, The Lost Boys
The Children From the Polygamist YFZ Ranch
Update on Polygamist Compound Raid-Documents Unsealed And Beds In The Temple
Documents Detail Abuse at YFZ Ranch
Now 400 Children In Custody from Polygamist Compound- Updated, Second Person Arrested
Standoff at Polygamist Compound-Updated
Children Removed from Warren Jeff's Polygamist Retreat in Texas
Polygamist Sect Leader Warren Jeffs Found Guilty In Utah

.

CPS Official: History Of Injuries Found in FLDS Children

463 children were removed from the FLDS compound in Texas and custody was awarded to the state of Texas pending further investigation of alleged sexual abuses to the female children. New reports show the abuse, might not have been limited to females.

In a story that continues to twist and turn like a badly written novel, the more information that comes out about the life of the children on the Yearning for Zion Ranch, which is a Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS) compound, the more bizarre the largest custody case in America gets.

Long story short so I can get to the point of this post, a phone call led Texas Child Protective Services to the FLDS compound, the phone was later thought to have been a hoax, but investigators after going to the Ranch to investigate the claims, witnessed what they described as evidence of abuse, via young girls, under legal age, being pregnant and/or already having children.

CPS officials along with law enforcement then obtained a warrant based on their observations, which led to the removal of what was believed to be 416 children, but later they discovered it was 463 children as some of the teen mothers had first claimed to be 18 or older and officials determined they were not.

After the removal, Judge Barbara Walther conducted a mass hearing and awarded 60 day temporary custody of all 463 children to the state of Texas, pending further investigation and DNA testing to determine family relationships.

It was later reported that 31 out of the 53 young girls in custody were either pregnant or had already bore children and yesterday, one of the young girls gave birth to a bouncing baby boy.

Which brings us to the news being reported today, which is that state officials told legislators today that they are investigating the possible sexual abuse of some young boys taken from a polygamist sect's ranch .

These are the first reports regarding abuse to the boys of the compound, other than the cases of the "Lost Boys", who are often put out on the street as young as 13 years old.

In written and oral testimony provided to lawmakers Wednesday, officials with the state Department of Family and Protective Services said interviews and journal entries suggested that boys may have been sexually abused.

Furthermore, testimony has also been given that at least 41 children from the compound has suffered broken bones at young ages, which could or could not be from simply being young and careless. Many people break bones when they are children, so that in and of itself is not conclusive of any abuse.

Although Cockerell did not elaborate on the broken bones, a report by his department's Child Protective Services division said medical exams and interviews indicated "that at least 41 children have had broken bones in the past."

"We do not have X-rays or complete medical information on many children so it is too early to draw any conclusions based on this information, but it is cause for concern and something we'll continue to examine," the CPS report said.

FLDS sect members deny that any abuses were regularly occurring on the ranch, and an FLDS spokesperson, Rod Parker, says that the testimony given today was, "a deliberate effort to mislead the public."

The first set of hearings to determine whether the children from the FLDS compound stay in state custody or if some, any or all are allowed to return to the YFZ ranch, are set for May 19, 2008.



Previous:

FLDS Teenager In State Custody Has a Baby Boy
31 out of 53 teenage FLDS girls pregnant or already had babies
FLDS Children Moved, Samples Sent, Senate Leader Speaks and FLDS Men On The Run?
Accommodations and Education For The FLDS Children- Women and Children Being Moved
More FLDS Children In Texas State Care Than Thought, Some Canadian Children
As DNA Testing Begins For FLDS Members, Questions of Lineage, Disease, and Law Arise
Polygamist Group, FLDS Children To Be Placed In Foster Homes This Week
Judge Orders Polygamist, FLDS Children To Stay in Texas State Custody
Update On The FLDS Custody Hearing Regarding the Children of the YFZ Ranch- Day Two Begins--All Day Updates
Custody Hearing for the Children of the Polygamist FLDS Sect Starts
The Forgotten Children of the FLDS Polygamist Group, The Lost Boys
The Children From the Polygamist YFZ Ranch
Update on Polygamist Compound Raid-Documents Unsealed And Beds In The Temple
Documents Detail Abuse at YFZ Ranch
Now 400 Children In Custody from Polygamist Compound- Updated, Second Person Arrested
Standoff at Polygamist Compound-Updated
Children Removed from Warren Jeff's Polygamist Retreat in Texas
Polygamist Sect Leader Warren Jeffs Found Guilty In Utah

.

FLDS Teenager In State Custody Has a Baby Boy

Recently news came out that 31 out of the 53 teenage girls that were removed from the Yearning for Zion Ranch, were pregnant or had already had children. One of those children had a healthy baby boy today.

Early April, Texas Child Protective Services (CPS) removed 463 children from the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS) compound on the Yearning for Zion Ranch, after CPS officials witnessed that underage children on the ranch were pregnant or already had babies.

After two days of chaotic child custody hearings, (day one shown here, day two shown here) Judge Barbara Walther, gave temporary custody of all 463 children to the state of Texas, pending further investigation and DNA testing.

Today one of those 53 young girls gave birth to a bouncing baby boy, with sect members, CPS workers and law enforcement officials stood watch outside the maternity ward.

Child Protective Services spokesman, Patrick Crimmins, says, "The boy is healthy and the mother is doing well."

This brings the total of children up from 463 to 464 that are not in state custody. It was originally assumed that there were only 416 children but later officials determined that some of the young girls claiming to be 18, were not and were actually underage.

Rod Parker, a spokesman for the Fundamentalist Church of Jesus Christ of Latter Day Saints, contends that the girl is 18, but Crimmins says, "The mother is younger than 18."

Under Texas law, children under the age of 17 generally cannot consent to sex with an adult. A girl can get married with parental permission at 16, but none of these girls is believed to have a legal marriage under state law.

The first set of hearings to determine whether the children from the FLDS compound stay in state custody or if some, any or all are allowed to return to the YFZ ranch, are set for May 19, 2008.

Of the 463 children, 250 are girls and 213 are boys. Children 13 and younger are split, 197 girls and 196 boys, but there are only 17 boys aged 14 to 17 compared with the 53 girls in that age range.

Previous:

31 out of 53 teenage FLDS girls pregnant or already had babies
FLDS Children Moved, Samples Sent, Senate Leader Speaks and FLDS Men On The Run?
Accommodations and Education For The FLDS Children- Women and Children Being Moved
More FLDS Children In Texas State Care Than Thought, Some Canadian Children
As DNA Testing Begins For FLDS Members, Questions of Lineage, Disease, and Law Arise
Polygamist Group, FLDS Children To Be Placed In Foster Homes This Week
Judge Orders Polygamist, FLDS Children To Stay in Texas State Custody
Update On The FLDS Custody Hearing Regarding the Children of the YFZ Ranch- Day Two Begins--All Day Updates
Custody Hearing for the Children of the Polygamist FLDS Sect Starts
The Forgotten Children of the FLDS Polygamist Group, The Lost Boys
The Children From the Polygamist YFZ Ranch
Update on Polygamist Compound Raid-Documents Unsealed And Beds In The Temple
Documents Detail Abuse at YFZ Ranch
Now 400 Children In Custody from Polygamist Compound- Updated, Second Person Arrested
Standoff at Polygamist Compound-Updated
Children Removed from Warren Jeff's Polygamist Retreat in Texas
Polygamist Sect Leader Warren Jeffs Found Guilty In Utah

.

31 out of 53 teenage FLDS girls pregnant or already had babies

The pervasive pattern of underage marriages and teen pregnancies that originally gave Texas Child Protective Services (CPS) the grounds to remove 463 children from the Yearning For Zion Ranch in Texas, has just been highlighted with the news that out of 53 female teenagers among those children removed, 31 of them are pregnant or have already had children.

Despite all the rhetoric from the mothers about the children not being abused at the FLDS compound, this disturbing pattern shows massive abuse of underage girls that were "spiritually" married to older men and then sexually abused, on a consistent basis and with the mothers doing nothing to stop this abuse.

All 463 children have been placed in temporary foster care, most at large facilities to keep as many of them together as possible.

Given these latest numbers about the child abuse that ran rampant at the ranch, the likelihood of those children being returned to that home, is dwindling as more news and tests come out.

From the raid to the initial 2 day hearing that came afterward, in which Judge Barbara Walthers gave the state 60 days temporary custody and ordered DNA testing off all the children and some adults (some adults did not provide samples for testing), we have reported on this.

All previous posts are listed below for those that are just catching up with this news.

FLDS Children Moved, Samples Sent, Senate Leader Speaks and FLDS Men On The Run?

Accommodations and Education For The FLDS Children- Women and Children Being Moved

More FLDS Children In Texas State Care Than Thought, Some Canadian Children

As DNA Testing Begins For FLDS Members, Questions of Lineage, Disease, and Law Arise

Polygamist Group, FLDS Children To Be Placed In Foster Homes This Week

Judge Orders Polygamist, FLDS Children To Stay in Texas State Custody

Update On The FLDS Custody Hearing Regarding the Children of the YFZ Ranch- Day Two Begins--All Day Updates

Custody Hearing for the Children of the Polygamist FLDS Sect Starts

The Forgotten Children of the FLDS Polygamist Group, The Lost Boys

The Children From the Polygamist YFZ Ranch

Update on Polygamist Compound Raid-Documents Unsealed And Beds In The Temple

Documents Detail Abuse at YFZ Ranch

Now 400 Children In Custody from Polygamist Compound- Updated, Second Person Arrested

Standoff at Polygamist Compound-Updated

Children Removed from Warren Jeff's Polygamist Retreat in Texas

Polygamist Sect Leader Warren Jeffs Found Guilty In Utah

.

FLDS Children Moved, Samples Sent, Senate Leader Speaks and FLDS Men On The Run?

A new element in a case that has been constantly changing and moving forward, is reported today. Senate Leader, Harry Reid, is requesting the Justice Department review federal efforts to combat child abuse and criminal activity in polygamous communities.

Updating on the child custody issue for the FLDS children, the Senate leader's request is just the latest in reports coming out today. Others include the DNA samples already collected from all the children and some adults, being sent to the lab, more children being moved to their temporary homes, lawyers complaining and news that the FLDS men might be running to avoid charges.

Three weeks after the removal of 437 children from the Yearning for Zion (YFZ) Ranch, which is a Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS) compound, for allegations of abuse after Child Protective Services said they witnessed evidence of abuse, the state has finished taking the children's DNA samples and some of the parents, and have sent it to Alamance County, where LabCorp will be doing the testing for Texas state to determine family lines for the children.

Texas State District Judge Barbara Walther ordered the DNA tests last week after a two day hearing in which she determined that the children would stay in state custody pending further investigation.

Yesterday over 100 children were moved to their temporary foster facilities, teenage mothers being kept with their babies and large groups of children being placed into facilities together, because the state felt it best to keep as many siblings together as possible. CPS has been having a difficult time determining what children are siblings because the children have given different names are not always sure what family they belong to and some could not identify their biological parents, hence the DNA testing.

Today more children were taken to 16 different facilities across Texas, where they will stay until their DNA results are in as well as the parents, at which time they will travel back to the court to determine if they will be placed back at their homes or if Texas state will retain custody.

The children's parents are again returning to the Schleicher County Memorial Building today to undergo a cheek swab, be photographed and assigned a number. Not many showed up on Tuesday. Texas attorney general's spokeswoman Janece Rolfe said those who do not show could face fines or jail time.

"The court order is clear that being found in contempt of court could be a consequence," she said.

Rolfe also says that by not cooperating, "They jeopardize their ability to have their children returned."

Lawyers are also in court today in front of Judge Walther, complaining about the children being moved to their foster homes and want to tour the facilities.

Other news coming out today is something that was mentioned on Nancy Grace last night and which the New Yorks Times is alleging today.

Not only are some of the parents that were ordered to provide the DNA samples to be matched with what child is theirs, are not showing up to provide those samples, but some of the fathers are being reported as allegedly leaving town to avoid criminal charges that may be filed on them should they be determined to have impregnated the children from the ranch.

An estimated 175 adults in the group are also supposed to participate in the genetic testing, although some of the men were said to have left the state to avoid possible criminal charges.

With that said, there are a number of mothers that are showing up and providing the DNA samples.

In the meantime, Senate Leader Harry Reid, sent a letter to the Attorney General, Michael B. Mukasey, expressing his concern about the "pervasive criminal activity" by polygamist groups in the southwestern United States, as underscored by the raid on the Fundamentalist Church of Jesus Christ of Latter Day Saints compound in Texas.

Reid previously wrote to then-Attorney General Alberto Gonzales in September 2006 saying the federal government should work with state officials to address the "broader pattern of serious criminal conduct by all those who use multiple marriages to abuse women and children."

Reid goes further when he states, "The recent raid of one polygamist compound in Texas uncovered many of these problems. But Texas may just be the tip of the iceberg."

From the raid on the FLDS compound, to the removal of the children and the subsequent court hearings, judges orders, DNA tests and relocating the children to their foster homes, all of this has been handled by the state and some may feel that each state should take care of the problem themselves.

Reid does continue on to make another point:

"The problem remains acute," Reid, a Nevada Democrat, wrote, noting that some polygamists have isolated themselves by setting up tightly controlled towns, with officials discouraging victims of polygamy from seeking help.

Reid continues with, "In the fact of such corruption, state and local law enforcement is often inadequate. Federal assistance is vital."


Previous:
Accommodations and Education For The FLDS Children- Women and Children Being Moved
More FLDS Children In Texas State Care Than Thought, Some Canadian Children
As DNA Testing Begins For FLDS Members, Questions of Lineage, Disease, and Law Arise
Polygamist Group, FLDS Children To Be Placed In Foster Homes This Week
Judge Orders Polygamist, FLDS Children To Stay in Texas State Custody
Update On The FLDS Custody Hearing Regarding the Children of the YFZ Ranch- Day Two Begins--All Day Updates
Custody Hearing for the Children of the Polygamist FLDS Sect Starts
The Forgotten Children of the FLDS Polygamist Group, The Lost Boys
The Children From the Polygamist YFZ Ranch
Update on Polygamist Compound Raid-Documents Unsealed And Beds In The Temple
Documents Detail Abuse at YFZ Ranch
Now 400 Children In Custody from Polygamist Compound- Updated, Second Person Arrested
Standoff at Polygamist Compound-Updated
Children Removed from Warren Jeff's Polygamist Retreat in Texas
Polygamist Sect Leader Warren Jeffs Found Guilty In Utah

.

Accommodations and Education For The FLDS Children- Women and Children Being Moved

With the DNA tests being conducted, CPS finding placement for 437 children removed from the FLDS compound in Eldorado and news of Canadian children now in Texas state custody, questions of education for those children are now being answered.

An earlier Wake Up America piece shows new information being reported about Canadian children that were residing at the Yearning for Zion Ranch as well as an update on the DNA testing and the state having established that they had more underage mothers than originally thought.

Many issues have had to be dealt with at once and one of which that hasn't been addressed as of yet, is the education of the 437 children that the state of Texas is now responsible for providing.

Officials from the Alvin Independent School District (ISD) are meeting with Texas Education Agency officials to discuss the possibility as well as the difficulties of enrolling the children in school.

This difficulty is being compounded by a lack of documentation for the children that is usually needed to enroll a child in school, from Social Security cards, immunization records, educational record and even birth certificates.

According to Education Week (subscription needed for full article), days after the children were taken into custody after Child Protective Services determined they were in imminent risk of abuse if they were allowed to stay on the FLDS compound, San Angelo Independent School District organized the delivery of four truckloads of school supplies and textbooks to shelters where the children were staying in San Angelo.

This week teachers from the district began teaching art, math, and physical education.

After Judge Barbara Walther ruled that the children would be kept in state custody for 60 days, arrangements started being made to place the children into shelters and foster care, which led those shelters to contact the Education officials to discuss having the children enrolled for school.

One such example is Jim H. Green Kidz Harbor shelter in Liverpool, which is located on a six-acre tract on the banks of Chocolate Bayou, who was notified that their services might be need in housing approximately 40 of the children in Texas state care, that contacted the school district officials to discuss enrollment because children at that shelter must be enrolled in school.

Alvin ISD spokeswoman, Shirley Brothers, said, "We have been informed there is a possibility youngsters from West Texas would be placed at a facility in Brazoria County", she goes on to say, "We have asked the Texas Education Agency for direction."

She said the district plans to test and assess the educational needs of each of the new arrivals and place them in the school programs they need.

The same process was used for about 150 students who arrived in the district after Hurricane Katrina in 2005, Brothers said.

The Texas CPS has said that the majority of the children from the sect will not go into traditional foster care homes, but instead will be placed in larger residential facilities to enable CPS to keep larger groups of the children together whenever possible.

Greg Cunningham, spokesman for the Department of Family and Protective Services, says that since some of the children have up to 20 siblings, "They won't be going to a two-bedroom home with a mom and a dad. We're trying to keep them in larger groups."

In the same article quoted above, there are issues of Texas states policy and lack of any oversight into private schools or home schooled children with a regents' professor at the Mary Lou Fulton College of Education at Arizona State University, David C. Berliner, criticizing the state of Texas for such a hands-off policy, by saying, "Walking away from such responsibility is cowardly. Texans should be ashamed of their lack of oversight."

That point is countered by David Bradley, who is a State Board of Education member, who counters with, "They didn't go in there and raid the place because the kids weren't getting an education."

Kidz Harbor, in preparation for the possibility that it may receive at least 40 children, asked area businesses Monday for donations such as towels, bedding, furniture and toiletries.

In the meantime, there is activity outside and within the coliseum where the children are being housed while DNA testing is being done, where buses were sighted on the San Angelo Coliseum grounds, being loaded with bottled water, food, women and children and the fairgrounds are on "lock-down" with no one being allowed to enter except emergency personnel.

Texas Child Protective Services have refused to provide details on where they are moving the women and children.

Greg Cunningham, a spokesman for the Texas Department of Family and Protective Services, said that more information would be released later today, saying only, "We are not discussing the topic of moving children."

The last news brief on the Texas Department of Family and Protective Services' website was yesterday where they did say that once DNA testing was complete and the court finalizes the order, the children's placement will be handled, and that the will keep teenage girls and their children together, and sibling groups together as much as possible.

They also state that once, "in foster care, DFPS will begin evaluating the educational, healthcare and counseling needs of each child and create a service plan for each child."

[Update] Judge Walther did sign the finalized order for children to start being placed into their temporary foster homes, and those buses at the coliseum were taking them there, until individual custody hearings can be held.

Updates will be added as more information comes out.


Previous:
More FLDS Children In Texas State Care Than Thought, Some Canadian Children
As DNA Testing Begins For FLDS Members, Questions of Lineage, Disease, and Law Arise
Polygamist Group, FLDS Children To Be Placed In Foster Homes This Week
Judge Orders Polygamist, FLDS Children To Stay in Texas State Custody
Update On The FLDS Custody Hearing Regarding the Children of the YFZ Ranch- Day Two Begins--All Day Updates
Custody Hearing for the Children of the Polygamist FLDS Sect Starts
The Forgotten Children of the FLDS Polygamist Group, The Lost Boys
The Children From the Polygamist YFZ Ranch
Update on Polygamist Compound Raid-Documents Unsealed And Beds In The Temple
Documents Detail Abuse at YFZ Ranch
Now 400 Children In Custody from Polygamist Compound- Updated, Second Person Arrested
Standoff at Polygamist Compound-Updated
Children Removed from Warren Jeff's Polygamist Retreat in Texas
Polygamist Sect Leader Warren Jeffs Found Guilty In Utah

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