Posted on 05/30/2008 6:40:22 PM PDT by Utah Girl
The devil was in the details.
Discussions about a proposed order involving the return of children taken from the Fundamentalist LDS Church's YFZ Ranch broke down late this afternoon when attorneys for the families wanted to review proposed changes with their clients.
Judge Barbara Walther announced the attorneys had better get all of their clients' signatures before she would sign the agreement and abruptly left the bench late this afternoon.
A lawyer for the families, Laura Shockley, said she expected attorneys would return to an Austin appeals court Monday to push for an order returning the children. It was the 3rd Court of Appeals that said Walther should not have ordered the children to be removed from the ranch and warned that if Walther failed to act, they would do it for her.
Lawyers for the families said that an agreement had been tentatively reached with Child Protective Services when they walked into court earlier today. Walther, however, expressed concerns about the proposed agreement and called an hourlong recess. She then returned to the bench with her own proposed order.
That led to concerns from many family attorneys who raised objections and questions on behalf of their clients.
The judge added additional restrictions to the the agreement, including psychological evaluations and allowing CPS to do inspections at the children's home at any time. Several of the more than 100 attorneys in the courtroom and patched into the hearing through phone lines objected to the judge's additions.
"The court does not have the power, with all due respect, to enter any other order (other than vacating)," said Julie Balovich of the Texas RioGrande Legal Aid over the telephone. She argued that no evidence justifying the additional restrictions had been entered as evidence before the judge.
After reviewing the appellate court decision, Walther returned to the bench and announced she believed the Supreme Court's decision upholding the appellate court decision gave her the authority to impose whatever conditions she feels are necessary.
"The Supreme Court does say this court can place restrictions on the parents. I do not read that this decision says that this court is required to have another hearing to do that. You may interpret that however you choose."
With that, the judge abruptly left the bench, saying she would await any submitted orders.
Immediately, attorneys in the courtroom and over the phone, expressed confusion.
"What did she say?" one attorney asked.
"Do We have another hearing?"
"What did she order?"
No additional hearings are currently scheduled. The judge signed no orders that would allow for the release of any children.
Lawyers for CPS left the courthouse declining to speak about the hearing.
"I'm going to do what the court directed," said CPS attorney Gary Banks.
Not a very flattering photo.
But, fitting.
“If they refuse to sign then the Texas SC order still stands and the kids must be returned.”
Yeah, well that piece of paper saying the kids must be returned isn’t doing the parents much good. The almighty State still has their children, and possession is nine-tenths of the law.
I believe she signed the original order to remove the children. She is mad because her original order was overturned by the higher court.
If they aren’t returned then the Dept of Public Safety has a legal obligation to get them returned based on the Texas SC order.
IMO, it would have been cheaper for the State of Texas if they had just sent in the goon squads, burned down the church with all the people inside, plowed up all the FLDS land, crushed their vehicles and left smoking debris.
This would allow CPS to dust off their hands and congratulate each other with awards and bonuses and declare that at least the chilllldrennnn were not abused by a bunch of sex perverts.
Now, we have hundreds of families who have been rounded up and put in concentration camps against their wills.....THE WOMEN AND CHILDREN DIDN'T DO ANYTHING WRONG!
The perps are a few old perverted farts...and as far as I can tell none of these people are anywhere near jail.
As a Texas taxpayer, we can hope that the FLDS detainees will "turn the other cheek", go home, never to be heard from again.
....but somehow I have a feeling that they are not that forgiving....somebody must pay...and that....would be me and millions of other Texans.
Meanwhile, the CPS jerk who thought all this up gets off scott free.....grrrrrrrrrr.
Aren’t the DNA tests about to be released? Perhaps the children should stay right where they are till we can answer the popular question, “Who’s your daddy?” No sense allowing the children to go back to parents who might be arrested for sexual abuse next week.
The higher court(s) said they erred in taking the children. They took the DNA after they took the children. The DNA may not even be admissable in either case, civil or criminal.
Let them try to sue. No Texas jury will give them a cent after they learn all the details of the disgusting lifestyle these perverts lead. Texas citizens are supporting CPS, more than they oppose it.
Oh and this isn't a church, its a sex slave cult.
So, you're in with the perpetrators of this pogrom? For shame.
http://www.statesman.com/news/content/gen/ap/Polygamist_Retreat.html
The judge wanted
Walther had wanted to add restrictions to the agreement worked out by the parents’ attorneys and Texas Child Protective Services, but the parents’ attorneys argued that she didn’t have the authority.
The judge then said she would sign the initial document, but only after all 38 mothers involved in the case the high court ruled on signed it first.
skip a few paragraphs:
Under the deal CPS released, the families won’t be able to leave Texas until Aug. 31 but would be allowed to move back to the ranch. It also calls for parenting classes and visits by CPS to interview children and parents in the child abuse investigation.
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.
Wrong. I do not support dismissing the rule of law based on opinions and rhetoric.
Aren’t the DNA tests about to be released? Perhaps the children should stay right where they are till we can answer the popular question, “Who’s your daddy?”
But daddy didn’t show up for DNA testing or at least only a small number did if I remember correctly. Those I think were living with one wife not multiples..........
Feel the hate.
Some men just can't help themselves.
Damned if you do and damned if you don't
This whole business has really got to me emotionally. I now hear that the FLDS are demanding voting registration. They are now going to, no doubt be manipulated into other things.
Something just is not right.
Not to be mean, but your ignorance is truly stunning. Taking kids from their parents happens every day in this country. CPS has the duty to protect the kids, not prosecute the rapists. If there is an allegation of abuse, CPS acts and then figures out the facts later. This is SOP.
This judge can make demands of the mothers. The appeals court never said she couldn't. They gave her discretion. They did not order the kids returned right away. The parents had to come to an agreement with the court.
Concentration camps? History is not your strong suit, is it?
I see the Molester Defender Cabal is flocking to this thread in outrage that those kids are not immediantly turned over to their future rapists.
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