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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: CurlyDave

How about the supposed parents simply show the same ID they would use to gain entry to the chambers of the Texas Supreme Court.


141 posted on 05/30/2008 10:29:21 PM PDT by muawiyah
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To: El Gato

The things you forget....... are you sure you should be on this thread?


142 posted on 05/30/2008 10:34:18 PM PDT by muawiyah
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To: CurlyDave
The state of Texas would be on the line for any particular civil rights violations. It's F(lds) and its officers that's on the line for criminal violations.
143 posted on 05/30/2008 10:37:12 PM PDT by muawiyah
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To: Concho

Sounds like the sort of behavior you get out of folks who are into regular peyote use. This is, of course, the world center of peyote cactus.


144 posted on 05/30/2008 10:39:44 PM PDT by muawiyah
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To: SouthTexas

The children have rights, even against their parents. The kids are not someone’s property.


145 posted on 05/30/2008 10:41:15 PM PDT by muawiyah
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To: William Tell

My legal address is a P.O. Box and is on my license right now. The county did issue us all 911 location numbers a while back and it looks like we will get actual street addresses out of those numbers. For now for those that simply insist on a physical address it is comical because we all just made up an address- so far it works with UPS and others. Though if UPS checks in their computer they can somehow tell it is not a real address- we just assure them that if they send it out; the UPS guy on this end knows where everyone is.


146 posted on 05/30/2008 10:54:33 PM PDT by Tammy8 (Please Support and pray for our Troops, as they serve us every day.)
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To: CurlyDave
CurlyDave said: "If the families agree to any supervision or restrictions it helps CPS justify their actions. "

No, that ship has left the harbor too.

Since the judge unjustifiably made releasing the children contingent on signing an agreement, the agreements are not voluntary but have been obtained under duress. Expect the lawyers to appeal to the Appeals Court again to have the lower court judge vacate all of the so-called "voluntary" agreements.

147 posted on 05/30/2008 11:42:13 PM PDT by William Tell (RKBA for California (rkba.members.sonic.net) - Volunteer by contacting Dave at rkba@sonic.net)
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To: muawiyah
The state of Texas would be on the line for any particular civil rights violations. It's F(lds) and its officers that's on the line for criminal violations.

Not quite so fast there.

I know the State is on the line for civil judgements. But, there have also been criminal violations by CPS and by the State. False imprisonment for one. Assault under color of authority. Possibly kidnapping.

148 posted on 05/31/2008 12:07:29 AM PDT by CurlyDave
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To: CurlyDave

CPS is often in a no win situation. If they do nothing, the community says “why didn’t you get involved”, if they do something, the community says “why did you get involved”.
In the case of alleged sexual abuse, CPS in most states is required by law to investigate within 24 to 48 hours after the report. I have no doubt that due to the high publicity of this case, and public demand( or Texas Governmental demand) there was tremendous pressure to break up the compound, and place the children elsewhere. Highly unrealistic, as the CPS system cannot possibly house this many children. And, why should the state pay the expense when there is adequate housing at the compound with parents that children can remain with?

Lots of people are imprisoned falsely, it happens daily in the USA. False kidnapping is not going to happen.

I doubt CPS will see the first criminal charge.

CPS will be involved for a year from beginning of the investigation until the case is dropped and closed. (mark my words, it will be one year before this case is closed!)
Polygamy and girlfriends on the side, with full acceptance from the wives, might be the fantasy of many men, socially this remains unacceptable, as does sexual relations with minors.

The end result of this disaster will be children returned to mothers
CPS will remain involved for one year from opening the case to closing it
and no charges will occur against CPS, but charges will occur against the male leaders of this group, and or the polygamists.


149 posted on 05/31/2008 5:59:47 AM PDT by PRC
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To: muawiyah

There are a lot of people that have had their rights trampled here. More of a reason to actually follow the law.


150 posted on 05/31/2008 6:52:37 AM PDT by SouthTexas (If you are not living on the edge, you are taking up too much space!)
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To: antceecee

Well, actually I was there for a completely different purpose, had no official capacities to them, and just happened to pass through that area. I had a big ID tag around my neck that said Visitor, but being as probably that they cant read or write, you might possibly have a credible idea there. It is difficult to say.

I am very experienced at judging peoples nature and body language, and what I saw there, yesterday morning, did not give me a warm and fuzzy feeling. There was a lot of trauma in the air, and it appeared that the only ones who had anything to loose were the kids. This is a situation where there will not be any winners.


151 posted on 05/31/2008 8:23:51 AM PDT by Concho (IRS--Americas real terrorist organization.)
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To: muawiyah
Actually, they rarely win since most of it has been supplanted by later, more comprehensive legislation.

Cite the Statute please.

L

152 posted on 05/31/2008 9:36:55 AM PDT by Lurker (Islam is an insane death cult. Any other aspects are PR, to get them within throat-cutting range.)
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To: Lurker

bookmarked


153 posted on 05/31/2008 11:01:24 AM PDT by Marie (Why is it that some people believe everything that happens is the will of G-d - except Israel?)
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To: muawiyah
The things you forget.......

Says the person who seems to think that in 1703, Brownsville, Texas was in the United States, or even in existence for that matter.

Brownsville was founded in 1848, and named after the nearby Fort Brown. The location was part of New Spain in 1703 and became part of Mexico in 1821 and of the Republic of Texas in 1836 and/or part of the US in 1845 depending on who you believe, the Mexicans or Texans. :) Even the city in modern Mexico, now known as Matamoros, just across the Rio Grande, was itself not founded until 1765, under the name San Juan de los Esteros Hermosos, changed to Congregacion del Refugio in 1796, and finally to Matamoros in 1821, when Mexico gained her indepdence from Spain.

154 posted on 05/31/2008 1:17:07 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
When do they have to show cause for these restrictions!

Before he restrictions are imposed, in Court before a Judge, where the parents (and in some cases the children separately) must be represented. Presumably on an individual case basis as well, not en masse, especially in this case where the Texas Supreme Court has indicated that treating the whole ranch as a single resident was improper.

155 posted on 05/31/2008 1:20:27 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: muawiyah
It's F(lds) and its officers that's on the line for criminal violations.

Wrong tense. While they may be in the future, in fact I'd bet on it, they aren't yet. That's *IF* the state hasn't fouled the water so badly that any crimes actually committed by individuals have become non prosecutable. I hope not, and even think not, but it's a close thing at this point.

156 posted on 05/31/2008 1:28:30 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: CurlyDave
I think the issue is different than that.

I would say, "more than" rather than "different than". Otherwise I agree with what you posted.

157 posted on 05/31/2008 1:30:53 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: CurlyDave
But, there have also been criminal violations by CPS and by the State. False imprisonment for one. Assault under color of authority. Possibly kidnapping.

The state and it's agencies can't be held criminally liable. But it's agents can be, under some circumstances. I'd think that kidnapping would be a definite possibility in the cases of the adults who CPS "assumed" were children, even in the face of valid ID and birth certificates being provided to the state.

158 posted on 05/31/2008 1:34:37 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato
The state and it's agencies can't be held criminally liable. But it's agents can be, under some circumstances

Take a gander at 18USC242

CPS agents are in a whole heap of trouble.

L

159 posted on 05/31/2008 2:30:22 PM PDT by Lurker (Islam is an insane death cult. Any other aspects are PR, to get them within throat-cutting range.)
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To: Lurker
Just off the top of my head I see "threatened with a dangerous weapon", which is good for 10 years, and "kidnapped" which is good for either life or death, depending on how one wants to phrase the penalty.

Now all we have to do is get a federal prosecutor to charge them.

And, I bet it would be very simple to get a change of venue, out of Texas. Each and every resident of Texas has a financial stake in the outcome of a trial and would be expected to biased against conviction.

160 posted on 05/31/2008 3:58:32 PM PDT by CurlyDave
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