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Court order: FLDS children to return beginning Monday, families will remain supervised
The Deseret News ^ | 5/20/2008 | Ben Winslow

Posted on 05/30/2008 2:00:59 PM PDT by Utah Girl

SAN ANGELO, Texas — Lawyers for Child Protective Services have made a proposed agreement to return hundreds of children taken from the Fundamental LDS Church's YFZ Ranch.

The agreement is being discussed by lawyers for mothers, children and child welfare authorities in a hearing underway that is in response to a Texas Supreme Court ruling that the children should be returned to their parents.

A copy of the order, obtained by the Deseret News, seeks to have children returned to their parents beginning Monday. The proposed agreement also requires parents to complete parenting classes and cooperate with an ongoing investigation into allegations of abuse and negect on the YFZ Ranch.

"CPS has access to the residence of the subject child for unannounced home visits during the hours of 8 a.m. and 8 p.m.," the agreement says.

Parents must provide the address of the residence and the names of everyone living in the home.

The proposed agreement also seeks to prevent the families from leaving the state of Texas. It applies to approximately 139 children belonging to 41 mothers, but Judge Barbara Walther said in court she expects it will be expanded.

"The court thinks this ruling would be the same for each and every child," she said.


TOPICS: Culture/Society; Government; News/Current Events
KEYWORDS: cpswatch; flds
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To: SouthTexas

I have a daughter - early 20’s... you don’t know how many of her classmates in college who lack any direction are majoring in Psychology and Sociology.
Most figure they would go to work for government agencies... many have serious emotional problems of their own.. hence this is what we get in these positions with CPS agencies... not all mind you.. but some.
I remember a Psych on a local radio show back in the late 80’s saying that he majored in the subject because of his own illness - and that many who did were the same as he.


121 posted on 05/30/2008 7:01:06 PM PDT by antceecee (where do from here Ollie?.)
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To: SouthTexas

Might be...
“Walther wanted to remove the August deadline and provide for psychological evaluations of the children. She also wanted it specified that parents can’t travel more than 60 miles from their residence without 48 hours’ notice. She also wanted CPS to have access to the ranch and the children at all times necessary for any investigation.”

Looks like these people have been convicted without a trial and are being sentenced, forthwith.
They are basically being imprisoned in their residence.
Appalling abuse of her authority as a judge.


122 posted on 05/30/2008 7:06:19 PM PDT by antceecee (where do from here Ollie?.)
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To: antceecee

Our “baby” just turned 30 this month. Amazing how much she agrees with me now on a lot of these things. :)


123 posted on 05/30/2008 7:09:17 PM PDT by SouthTexas (If you are not living on the edge, you are taking up too much space!)
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To: antceecee

As I said earlier, this is absurd.

And more so, the FReepers that would throw out the rule of law “for the children”.


124 posted on 05/30/2008 7:11:10 PM PDT by SouthTexas (If you are not living on the edge, you are taking up too much space!)
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To: SouthTexas

My baby... she hates that... is 23 and interning with a major film production company right now. I was surprised how much they love her - conservative ideas and all!


125 posted on 05/30/2008 7:14:20 PM PDT by antceecee (where do from here Ollie?.)
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To: antceecee
They are basically being imprisoned in their residence. Appalling abuse of her authority as a judge.

Not really, if it weren't being done as a condition for return of the children, she indeed has the power under Texas law to restrict the parents and children to a fixed geographic area, via a court order supported by evidence...Except that doing it "en masse" would be just as problematical as ordering the children into CPS custody en masse in the first place.

Both the judge and CPS just can't seem to get into the notion that justice is dealt out to individuals, rather than groups. Sounds like Communists, Socialists and DemonRats doesn't it?

126 posted on 05/30/2008 7:18:18 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: antceecee

Wife gets more perturbed with what daughter says around here when she starts with “Daaaadyyy”. Which usually means she is about to ask for something.


127 posted on 05/30/2008 7:23:11 PM PDT by SouthTexas (If you are not living on the edge, you are taking up too much space!)
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To: El Gato
Sounds like Communists, Socialists and DemonRats doesn't it?

Any wonder why our party is so fractured?

128 posted on 05/30/2008 7:24:05 PM PDT by SouthTexas (If you are not living on the edge, you are taking up too much space!)
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To: SouthTexas

LOL! I’m use to that....!


129 posted on 05/30/2008 7:29:46 PM PDT by antceecee (where do from here Ollie?.)
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To: Utah Girl

“Um, the children haven’t been reunited with their parents yet. The judge was ordered to do so on Monday.”

Well, that’s just fine and dandy, but I was there. The adults were picking up some kids and putting them into some Gray Ford Explorers.

Obviously, these people were distrustful. The CPS thugs were whizzing around there like bumble bees. It was all a bad scene. But what captured my attention was that there was no joy. The kids had been there like 3 weeks, so they were fed and rested. They approached the adults at a slow shuffle, no emotion. The little fellows that appeared to be 5 or 6 hung with the older boys and did not run to the adults who were supposed to be their parents. I spoke to these people to try to be friendly, I said “Hello” and “Good Morning” and they looked at me like a junk yard dog—out of the corner of their eyes, but they never spoke.


130 posted on 05/30/2008 7:32:42 PM PDT by Concho (IRS--Americas real terrorist organization.)
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To: Concho

I really doubt if the children and the adults for that matter, will trust anyone for a long period of time.


131 posted on 05/30/2008 7:40:28 PM PDT by SouthTexas (If you are not living on the edge, you are taking up too much space!)
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To: tueffelhunden
Good to see the kids being returned home.

To sexual abuse, brainwashing, cultism... yes, just wonderful.

132 posted on 05/30/2008 7:42:20 PM PDT by humblegunner
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To: TomGuy
even if it meant the social services had to stay up nights and a holiday weekend to get those children back home.

Back home to sexual abuse, brainwashing, cultism.. how nice.

133 posted on 05/30/2008 7:45:37 PM PDT by humblegunner
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To: El Gato

When do they have to show cause for these restrictions!

I would not sign a dang thing to get back my children if I were accused.

The Judge should be “hearing” the evidence and should act in the “best” interests of the rights of all parties.
It seems to me that this Judge has a horse in this race.

That is not impartial and that is not justice.

The children who are in danger should be dealt with separately from the children who are not.

This cannot be treated as an en masse prosecution and I believe that is what the higher court had a problem with.

Judge Walther apparently does not agree.


134 posted on 05/30/2008 7:55:19 PM PDT by antceecee (where do from here Ollie?.)
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To: humblegunner

You really need to prove that in a court of law before you take kids from their parents. (Even if they are weird parents).

If you prove that then I am with you on punishing the guilty and removing the kids permanently.


135 posted on 05/30/2008 7:57:20 PM PDT by antceecee (where do from here Ollie?.)
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To: humblegunner
Back home to sexual abuse, brainwashing, cultism.. how nice.

Without due process, what the state did was kidnapping. Do you approve of that?

The allegation that ignited this whole situation was:

1] Made by a female claiming to be a victim at the compound, which was a lie.

2] Made by a female who claimed to be a teen, which was a lie.

And, she was not even in the state of Texas when she made the claim.

Cultism and brainwashing, as you call it, are not criminal offenses. There is that pesky 'freedom of religion' clause in the Constitution.
136 posted on 05/30/2008 8:00:40 PM PDT by TomGuy
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To: Concho

You were there greeting kids who did not know you.
To them you were a junk yard dog.


137 posted on 05/30/2008 8:00:43 PM PDT by antceecee (where do from here Ollie?.)
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To: TomGuy

Bump... hey TomGuy... you’ve been on FR for quite awhile. Being the conservative forum that this is, I highly doubt that your are any one of the names that you could be called for making this statement.

But I digress...
Your statement points out salient reasons why the actions of the State of Texas in this situation are erroneous.


138 posted on 05/30/2008 8:07:26 PM PDT by antceecee (where do from here Ollie?.)
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To: El Gato
Not really, if it weren't being done as a condition for return of the children, she indeed has the power under Texas law to restrict the parents and children to a fixed geographic area, via a court order supported by evidence...Except that doing it "en masse" would be just as problematical as ordering the children into CPS custody en masse in the first place.

Both the judge and CPS just can't seem to get into the notion that justice is dealt out to individuals, rather than groups. Sounds like Communists, Socialists and DemonRats doesn't it?

I think the issue is different than that.

If the "Judge" can get the parents to agree to these restrictions "voluntarily", then she can enforce them, and it is very difficult to get them overturned.

If the parents do not "voluntarily" agree, she can order the restrictions, but then they are subject to review by an appeals court. The "judge" has already gotten slapped down once, and doesn't want that to happen again.

I think the families have the upper hand here, the judge has been told what to do and evidently there is a Monday deadline. Lawyers for the families know this and all they have to do is hold out until Monday.

My guess is that the "Judge" will order the restrictions involuntarily on Monday, the families will appeal and the "Judge" will again be put in her place.

The real problem CPS has is that they don't have enough lawyers, or enough evidence to give each child an individual hearing. The state doesn't have enough judges, courtrooms, or money to have individual hearings. And, they have a horrible problem if different judges give different rulings with essentially the same set of facts for individual children. There are enough lawyers in Texas to represent the families.

If CPS had done a proper investigation and only gone after girls who were in real danger (if there were any) the whole issue would never have come up.

CPS is now really over a barrel. If the families agree to any supervision or restrictions it helps CPS justify their actions. But if the families can just hold out for a few days, CPS, and the "Judge" are both in deep yogurt.

Just out of curiosity, is the "Judge" also liable for federal civil rights violations? She may well be trying to cover her own rather exposed rear end, by getting "voluntary" agreements on restrictions. She certainly can't argue that she didn't know the law.

139 posted on 05/30/2008 9:39:21 PM PDT by CurlyDave
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To: El Gato
The Texas Supreme Court can ignore what the USPS data base says about the F(lds) address if they wish. They were concerned with the question of what constituted a "residence".

Even if you don't, they know the difference.

140 posted on 05/30/2008 10:28:05 PM PDT by muawiyah
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