| Texas keeps FLDS kids Ruling: More hearings, DNA tests for children | |||||||||||||||||||||||||
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By Amy Joi O'Donoughue and Nancy Perkins Deseret News | |||||||||||||||||||||||||
SAN ANGELO, Texas — A judge ruled late Friday that all 416 children taken from the polygamist YFZ Ranch will remain in temporary state custody. The decision, for now, validates the actions of the state's child welfare agency but infuriates FLDS members. The ruling followed a marathon two-day hearing unprecedented in the nation's history of child-custody cases, featuring hundreds of lawyers, reams of paperwork and the issue of protecting children balanced against religious freedom. Following the ruling, the sadness in the eyes of the children's mothers spoke volumes about their disappointment. "It's awful," said one mother leaving the courtroom. "Why don't people stand up and say something about this?" Another mother, echoing that sentiment, said, "This is ridiculous." But Marleigh Meisner, a spokeswoman with the Texas Department of Family and Protective Services, said the custody issue boiled down to one thing: abuse. "We've said all along there are no winners in this situation. ... We emphasize in particular with the mothers. But this case is not about religion. This is about keeping children safe. We believe what we found is systemic abuse of children." The Texas judicial system will now schedule individualize status hearings for all 416 children to be completed by June 5. In addition, DNA tests to determine paternity and maternity of the children were ordered to be conducted. A criminal investigation is ongoing by the Texas Department of Public Safety. For now, the majority of the children remain housed in two facilities in town while foster care is arranged. Two dozen boys are being housed at a state-contracted boy's ranch 400 miles away outside Amarillo. Friday's ruling keeps the case alive for the agency but also sets the stage for a number of anticipated appeals stemming from the hasty nature of a case that disposed, for now, the future of 416 children in less than 24-hours of legal proceedings. But under Texas law, the state has to hold a custody hearing within 14 days of when a child is removed from a parent's custody and care. The raid on YFZ occurred April 3. Many attorneys, at the conclusion of the hearing and before Judge Barbara Walther issued her ruling, objected to the way the proceedings were handled, saying their clients didn't get an "individual hearing." "The law has certain requirements and it doesn't say 'except when it's hard,'" one attorney argued. The judge told the courtroom she hoped she never again in her life would have to preside over a hearing of this magnitude. "I hope you do go to the Legislature and do something (about the requirements of the law) so that, should there be something catastrophic happen like this again, we don't have to have this 14-day requirement," Walther said. Those representing the FLDS faith say they are not going to give up the fight for their children. "There is no way that the state's theory that children would be indoctrinated satisfies the statutory standard of an imminent and urgent danger," said Rod Parker, an attorney serving as the Fundamentalist LDS Church spokesman. "I don't think an infant is going to be indoctrinated within the next 60 days," when another hearing will be held. Even if the state had questions about some of the children, such as teenage girls, he questioned why others could not return home. "You can't point to a single male who has ever been sexually abused," he said. "Why don't they let them go home?" He also disputed the state's argument that they were not pursuing the case on religious grounds. "This is all about religion. No thinking person could believe CPS's assertion that it is not about religion," he said. "The evidence they presented about doctrine, beliefs and lifestyle" demonstrate that it is their main focus. But that focus, at least in testimony on behalf of the state, was that FLDS members without question follow directives from religious leaders, including allowing underage girls to "spiritually" wed older men. Some young women, state investigators testified, said that it was a "blessing" to have children and no age was too young for a spiritual union. The state contended children in the group grow up in an atmosphere that perpetuates sexual assault of young women and the grooming of young men to one day be those perpetrators. That amounts to abuse, they contended. Friday's testimony also included firm assertions from polygamous mothers who said they were willing to abandon their lifestyle to keep their children, but it wasn't enough to sway the state or CASA — the court-appointed special advocates — who strongly recommended the children remain in state custody. One mother testified she had the ability to get a job and an apartment and would abide by whatever the court said if it would allow her to keep her child. Another mother, Merilyn Jeffs, who was born in Utah, said she would never allow her daughter to be married until she reached the age of 18. For herself, she did not marry until age 20 and was "absolutely not" coerced into the union. Under cross-examination by the state's attorney, Merilyn Jeffs' answers became measured and slow, and were given with some reluctance. Although she testified that she has a 19-year-old sister who is married, she said she didn't know when the marriage took place. When the attorney asked if she knew how her sister was married, she replied, "After it's done, they come and we congratulate them." When asked the age of her sister's baby, she said, "I estimate 2." She also said she has another married sister and said, "I believe she is 18." It is the ambiguity of testimony like this that has officials concerned regarding the monumental task of sifting through information about FLDS families to determine when or if it is appropriate to reunite the parents and children. On Thursday, a child-protection supervisor testified that inadequate record keeping, inconsistent answers and at times refusal to answer simple, biographical questions has led to roadblocks in the agency's ability to determine familial relationships. The case also has implications for FLDS leader Warren Jeffs, who, one attorney said Friday, was the father of her client, a young girl. Jeffs has faced accusations in both Utah and Arizona of being complicit in underage marriages. He was convicted in Utah of two counts and currently is being held in Arizona awaiting trial on similar charges. The attorney, Susan Richardson, extensively questioned an expert defense witness on religion regarding Jeffs' beliefs and his actual practices when it comes to "uniting" adult men with young females. Jeffs may be a party to the Texas case, Richardson said. The Texas case also largely hinged around the testimony of a leading child trauma psychologist for Texas who described the raid and the subsequent custody status of the children as a "lose-lose situation." Bruce Perry, senior fellow at the ChildTrauma Academy, an organization that works in cooperation with a multitude of state government agencies to counsel traumatized children, did say the FLDS children should remain in custody because they are either victims of sexual assault, potential victims of sexual assault or potential perpetrators. But under cross-examination, Perry conceded that there is no one-size-fits-all solution. In fact, Perry admitted that "the traditional foster care system would be destructive to these kids." He also said that the state child-welfare agency needs some time to further investigate the various situations of all the families involved. "The children and families need to get to be known for their individual strengths and vulnerabilities ... They need an environment that is respectful and loving but is open and allows them to make their own choices." When asked which option would be best for the children — a return to the ranch, placement in the foster system or remaining in the coliseum where they are now housed — he said none was acceptable. He said to return to the ranch would be detrimental, even for the young boys, because it is a "special place, it reinforces their beliefs." One telling moment in the testimony Friday reinforced the state's fears that while many of the women may not be perpetuating abuse, they may not know how to stop it. A polygamous wife was asked if abuse of women or children is something her belief system supported. She said "no." The state's attorney then asked her to define, in her own mind, what constitutes abuse or neglect. She replied, "I don't know." E-mail: amyjoio@desnews.com; nperkins@desnews.com | |||||||||||||||||||||||||
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deseretnews.com Originally published Saturday, April 19, 2008 | |||||||||||||||||||||||||
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