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FLDS/Texas CPS - whose is the greater crime?

WELL IT'S ALL OVER , except for the lawsuits.

An appelate court has ruled that the grounds for taking the children into custody was insufficient!

No more, it is over, the judge says NO!

http://news.yahoo.com/s/ap/20080522/ap_on_re_us/polygamist_retreat;_ylt=AsPkyJuBxaJ0_b2QCvmnZS.s0NUE


""The existence of the FLDS belief system as described by the department's witnesses, by itself, does not put children of FLDS parents in physical danger," the court said in its ruling, overturning the order to keep the children by state District Judge Barbara Walther, a former family law attorney.

The appeals court also said the state was wrong to consider the entire ranch as an individual household and that any abuse claims could apply only to individual households."

same story earlier source
http://rds.yahoo.com/_ylt=A0WTTkigz...eretnews.com/dn/view/0,5143,700228198,00.html

"Lawyers for the mothers said the ruling only affects 38 FLDS mothers and their children, but they expect it will be interpreted by the courts to include the hundreds of other children taken in the early April raid.

"CPS was not justified in removing these children," said Cynthia Martinez of the Texas Rio Grande Legal Aid Society, which is representing the mothers. "They did not provide any evidence that the children were in danger, and they acted hastily in removing the children."

It is unclear if the children will be returned immediately to the ranch."

Oh oh, the lower judge is in huge trouble with this phrase
"The evidence adduced at the hearing held April 17-18, 2008, was legally and factually insufficient to support the findings required" for the state to maintain custody of the children, the ruling said. "Consequently, the district court abused its discretion in failing to return" the children"


That is a HUGE mistake on the part of the lower judge, the adjudication of the evidence was improper!
 
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So will this experience make FLDS parents more mindful when offering up their 13 year old daughters, or will this just drive the cult further underground?

I would hope it would at least make the mothers think twice about what happens to their children, but I am cynical enough to think that the male leaders will just find a new place further away from government authority and just continue on as business as usual.
 
Based on the bit of information that has filtered out through the mass media, I think the appeals court judge was wrong.

The parents clearly are not able to make decisions about their children in this setting. Young boys are abandoned and young girls are raped based on decisions made by the church's "elite", not their parents. If parents disagree they get tossed out on their ear also, all property (including homes and businesses) appears to be owned by the church -- not individual families.

I'm curious if the state attorneys will decide to appeal this decision.
 
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I said in the beginning that Texas was totally wrong in this case, and that when it was all over, the damage will be done by the state, and not the families. Right now, there are siblings of families spread all over the state of Texas. Contradictory to what was supposed to be done.

The allegations were from another state, against a guy who was not even in the state. This is just another example of a total screwup by Texas law enforcement, and joke of a CPS system that exists in the state of Texas. This is not the first time that they have totally clustered a case.

They know they have messed up, and have been fishing for anything. They need to act immediately and let these children go back to their families.

I wish that there was some way that the victims in this case could be awarded millions of dollars in compensatory damages and that people could be fired. Too bad that the joke of a CPS was not disbanded when they tried to do it a few years ago. This is not the first time they have tried to destroy families.

Texas just needs to accept that they made a massive mistake, and they just need to return these kids to their parents.

These were conservative judges on the court of appeals, and they found that Texas failed on all points. It was a very strong opinion. Period.

Who knows why CPS did this in the first place. It was a bizarre and dumb decision. Now they need to show a little character, make things right, and do what is in the best interest of the children, and return them to their families. Do I think they will? No, because that would be prudent judgment and show some common sense. They will probably take it to the Texas supreme court. But I hope it happens quickly. The decision was a strong one by conservative judges, and I believe it will stand. But a lot of damage will be done, unfortunately.

There were many better ways that the state of Texas could have handled this situation. This is one the most cruel cases I have ever seen, and what Texas has did in this case in my opinion is criminal.

I do appreciate the good guys who have been fighting for these families and their children.

Yes, witch burnings still take place in this day and time.
 
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From my read of the news, the appeals decision was that taking all 400 was an overreaction, that 38 mothers should not have been arrested. That seems a small number, out of maybe 80? (at five kids per mom, 400 kids = 80 moms).

One compound/campus/neighborhood/apartment complex where +/- 50% of moms are suspect enough for detention, seems like a bad environment to me.
 
Firstly, this is NOT about religion, it is about rape and abuse.

Secondly, how do you release children back to parents if you don't know who the parents are? What, do you just want to assign kids to whoever claims them?

What is going on with prosecutions concerning abandoning teen age boys?
Where are all the missing boys that should make 50% of the children, but aren't?
Why are so many girls pregnant and/or mothers?
Why are these men allowed to father children and then use state money to support them?

They say that if the ACLU does not piss you off from time to time, and other times you support them then you aren't paying attention. This time they are on my bad side.

Until the state knows who belongs to whom, and how old they are we will just have to wait. And right now the children are in the best place possible.

Gosh people, are you thinking this through? The situation Texas is in right now has never happened to them before, they are doing the best they can with a spotlight on them. Give them a break. Do you want these kids to move back in to their compound so they can have a siege? Didn't they find some kind of poison document? Or maybe you want them to practice their story until everyone is telling the same thing?

I heard from a friend that Warren Jeffs is on suicide watch, but can't find anything else out. Anyone else heard this?

Susan

The BBC has the interview with Carolyn Jessop up now. It's a remarkable story, and the state of Texas had an obligation to go in there and break up this ring of rape and slavery. That most of the women and children were 'broken' and became obedient slaves doesn't make it right.
 
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Based on the bit of information that has filtered out through the mass media, I think the appeals court judge was wrong.

The parents clearly are not able to make decisions about their children in this setting. Young boys are abandoned and young girls are raped based on decisions made by the church's "elite", not their parents. If parents disagree they get tossed out on their ear also, all property (including homes and businesses) appears to be owned by the church -- not individual families.

I'm curious if the state attorneys will decide to appeal this decision.

It seems they have.



From my read of the news, the appeals decision was that taking all 400 was an overreaction, that 38 mothers should not have been arrested. That seems a small number, out of maybe 80? (at five kids per mom, 400 kids = 80 moms).

One compound/campus/neighborhood/apartment complex where +/- 50% of moms are suspect enough for detention, seems like a bad environment to me.

And where were they supposed to be living? In the suburbs with 2.3 children each and practicing serialized legal polygamy? Is their lifestyle really worse than that found in the inner city? Or many 3rd world countries? I don't know. Growing up and living in the same community and lifestyle you were born into hardly seems like just cause to remove your kids from your custory. I agree that the forced marriages of young women are a problem, but I think what was done was far beyond what was necessary and justifiable. As personally distasteful as we find their practices in regard to youthful marriage, they are not particularly unique cultural practices. While there has been speculation and anecdotal evidence regarding their abandoning many of the boys, the evidence for that is, well, disputable. I think the harm done by the state of Texas through their forcible removal of the children from their homes is in excess of the harm they were trying to prevent. My rule of thumb for supporting governmental interventions of that sort is that they be appropriate and effective. This doesn't seem to have been either.

The BBC has the interview with Carolyn Jessop up now. It's a remarkable story, and the state of Texas had an obligation to go in there and break up this ring of rape and slavery. That most of the women and children were 'broken' and became obedient slaves doesn't make it right.

No, it doesn't make it right. But it does mean that the morality of intervening in their lives against their will is questionable. When the government action seems to have done more harm than good and when I hear on the news that the women felt they were lied to in order to get them out of the compound and when they separate breastfeeding mothers from their babies on such flimsey evidence ... I can't support that. I don't want my government intervening in people's lives in such a heavy handed manner on no more evidence than a fake phone call.
 
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And where were they supposed to be living? In the suburbs with 2.3 children each and practicing serialized legal polygamy? Is their lifestyle really worse than that found in the inner city? Or many 3rd world countries? I don't know. Growing up and living in the same community and lifestyle you were born into hardly seems like just cause to remove your kids from your custory.
And if the investigator is ethical they are to interpret based upon the state statute, in Illinois poverty and culture are not grounds for taking custody. Living homeless (as a temporary thing and even long term) is not grounds as long as you:

-don't beat your kids
-don't use your kids for sex acts or gratification
-provide for the welfare of your kids (food, adequate shelter, medical care, school)
-protect them from harm by the 'reasoanable person'standard.

The issue is if having women (or men) be forced into marriage at an age that is defined by law as illegal is against the law.

the execultion of the protection of the children in a mass sweep is unique to this case. And somebody thought it was part of Texas statute. Although it was probably intended to be used against 'immoral' people, like satanists, hookers and drug addicts.
I agree that the forced marriages of young women are a problem, but I think what was done was far beyond what was necessary and justifiable. As personally distasteful as we find their practices in regard to youthful marriage, they are not particularly unique cultural practices.
Yes and no, the statute sets an age limit for consent.
While there has been speculation and anecdotal evidence regarding their abandoning many of the boys, the evidence for that is, well, disputable.
How so, where is that evidence?
I think the harm done by the state of Texas through their forcible removal of the children from their homes is in excess of the harm they were trying to prevent. My rule of thumb for supporting governmental interventions of that sort is that they be appropriate and effective. This doesn't seem to have been either.
Um, ANCRA is imporatant, the statute stands, the effectiveness comes from a lack of funding and ethics.

I think there should be a grand jury for cases involving child custody. having worked against the system and with the system, that is the greatest gap.

There is no external check to the intervention, so it depends solely upon the etheics of the people and then the court system. A review of the evidence between the shelter care hearing and the custody hearing would be very helpful.

But the real issue is a lack of support, I think that we need to care for minor children better than we do. i am not sure which system would be best, but providing shelter, food and educational supports would go a long way.

How many 14 year olds have to choose between the street and being beat up?
No, it doesn't make it right. But it does mean that the morality of intervening in their lives against their will is questionable. When the government action seems to have done more harm than good and when I hear on the news that the women felt they were lied to in order to get them out of the compound and when they separate breastfeeding mothers from their babies on such flimsey evidence ... I can't support that. I don't want my government intervening in people's lives in such a heavy handed manner on no more evidence than a fake phone call.


Yes but how many people are being hurt, how many are not being cared for?

I am not saying that such heavy handed sweeps are the solution.

But if the seventeen minors do turn out to have been forced to marry and engage in intercourse before the age of consent then it is a matter of statute.
 
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I know I'm responding late. While I'm following this news story, I'm not following it closely.

It seems they have. [ed. state attorney decided to appeal the court of appeals decision]
Glad to hear it. BTW, in case anyone else is interested, I found a link to a news article on this topic:
http://www.sltrib.com/news/ci_9374637

And where were they supposed to be living? In the suburbs with 2.3 children each and practicing serialized legal polygamy? Is their lifestyle really worse than that found in the inner city? Or many 3rd world countries? I don't know. Growing up and living in the same community and lifestyle you were born into hardly seems like just cause to remove your kids from your custory.

DD already responded. I'll just add that other nation's laws and customs are irrelevent here. Also the failings of some of our nation's problems (extreme poverty in the inner cities along with poverty's associated problems) this is hardly a good reason to let enforcement of our laws slip. And while it's true that some people may practice serial monogomy, so what? I don't believe that is a phenomena typically accompanied by excessive physical abuse, undereducating children illegally (many FLDS children are not educated beyond the ages of 13 or 14 while most states require children to be in school until the age of 16), or community endorsed statutory rape of young girls by men old enough to be their fathers and grandfathers. So I disagree with you strongly on this point.



I agree that the forced marriages of young women are a problem, but I think what was done was far beyond what was necessary and justifiable.
.

My understanding is that when a state agency responsible for children's welfare discovers abuse in a home they remove ALL the children regardless as to whether or not they were the ones being abused. I'm curious if you think that this practice is excessive for children living with a typical nuclear family also.

As personally distasteful as we find their practices in regard to youthful marriage, they are not particularly unique cultural practices.
Well, actually in this country I think it is. Its certainly illegal at any rate.

While there has been speculation and anecdotal evidence regarding their abandoning many of the boys, the evidence for that is, well, disputable.

This is a well documented problem with this cult in Utah and there has been at least one court case on this issue. As for whether this is a problem with the Texas branch of the cult, I think sqf8 brought up a good point here:

What is going on with prosecutions concerning abandoning teen age boys? Where are all the missing boys that should make 50% of the children, but aren't?

She was referring to the news articles that mentioned that among the very young children the ratio between boys and girls is about 50/50 but that among the pre-adolescent children and young teens the ratio changes very significantly. I think this is definitely a red flag and worth looking into, esp. given the known history and practices of this cult.
 
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So I disagree with you strongly on this point.
Fair 'nuff. We're entitled to disagree. The courts do as well. I'm interested to hear how the Texas Supreme court will rule on it.
My understanding is that when a state agency responsible for children's welfare discovers abuse in a home they remove ALL the children regardless as to whether or not they were the ones being abused. I'm curious if you think that this practice is excessive for children living with a typical nuclear family also.
Yes, actually I do. While it may be appropriate in some cases, as a standard practice I think it goes too far.

This is a well documented problem with this cult in Utah and there has been at least one court case on this issue. As for whether this is a problem with the Texas branch of the cult, I think sqf8 brought up a good point here:

She was referring to the news articles that mentioned that among the very young children the ratio between boys and girls is about 50/50 but that among the pre-adolescent children and young teens the ratio changes very significantly. I think this is definitely a red flag and worth looking into, esp. given the known history and practices of this cult.

And with the news of so many of the 'teen mothers' turning out to be women in their 20's, I don't think it qualifies as evidence of abuse. I have a problem with taking hundreds of children away from their parents on the basis of no more evidence that has been seen in this case to date. Apparently, so did the appeals court.
 
I agree that the forced marriages of young women are a problem, but I think what was done was far beyond what was necessary and justifiable.


.

You think young girls being raped by old men, forced to have baby after baby, very little education, no control over her life after becoming a woman, held prisoner in this cult is somehow a lesser crime than children being taken from their homes? Teenage boys with little education, no money, no identification, and no one to help them being left on the side of the highway is somehow a lesser crime also?

Taking babies & toddlers may seem very cruel. But these women have not been able to protect their children, they can't even protect themselves. Texas is right to interfere. Maybe all the children will go back to that ranch, maybe only some. But what we do know now, is that these gates have been thrown open to mainstream society, they and the other FLDS cults know that are being watched. Life will change for these children and the women, abandoning their boys, and raping their girls may just stop. DNA is there to find the truth, men can't just say they don't know who fathered an underage girl's baby.

I want them smacked down hard for the welfare fraud as well. That ticks me off in mainstream society as well. Don't get me started on men spreading their seed around and then asking others to clean up after them.

Susan
 
My understanding is that when a state agency responsible for children's welfare discovers abuse in a home they remove ALL the children regardless as to whether or not they were the ones being abused. I'm curious if you think that this practice is excessive for children living with a typical nuclear family also.

Yes, actually I do. While it may be appropriate in some cases, as a standard practice I think it goes too far.

OK, we disagree here also. I think its a prudent practice.

And in this particular situation, I think it is reasonable to treat all the families in the entire compound the same way that one nuclear family would be treated. As I understand it, the adults in this cult don't have autonomy and many of their "family" decisions are in fact made by the elite of the cult such as who will marry who and which boys will be abandoned, literally on the streets and highways.

I would imagine that because of the cult's practices that many of the adults are undereducated and would have a very difficult time getting employment outside of the cult. There have been news reports that the homes in the two cities that straddle the Utah and Arizonia border are owned by the cult and that when a family does not toe the line to the cult elites' satisfaction -- they are threatened with homelessness. Its fair to assume that the branch in the El Dorado ranch would have the same practice.

For these reasons I think it was a good call to treat the entire compound the same as one nuclear family and I'm also curious to see what the Texas Supreme Court will decide.
 
You think young girls being raped by old men, forced to have baby after baby, very little education, no control over her life after becoming a woman, held prisoner in this cult is somehow a lesser crime than children being taken from their homes?
No. I think that those accusations have not been proven. If they are true, then they are certainly crimes. I think the evidence thus far does not support those claims whereas the children have most certainly been removed from their parents - a very real and traumtic event for all the people involved. IMO, the evidence given so far does not justify what's been done.

Teenage boys with little education, no money, no identification, and no one to help them being left on the side of the highway is somehow a lesser crime also?
Again, if this is true, I agree it's a serious problem and a crime. What I have yet to see is convincing evidence that the sect in Texas were guilty of such crimes.
Taking babies & toddlers may seem very cruel.
I think it IS very cruel. In some circumstances, it can be justified. I believe the law says something like a real and immediate danger of abuse. So far, I haven't seen any evidence those babies were in danger of immediate abuse.
But these women have not been able to protect their children, they can't even protect themselves.
And you know this because? The news stories I've seen don't show any evidence that the women involved cannot protect themselves or their children from abuse by their husbands and fathers.
Texas is right to interfere.

I'm not so sure. It will be interesting to watch it play out.
 
OK, we disagree here also. I think its a prudent practice.

And in this particular situation, I think it is reasonable to treat all the families in the entire compound the same way that one nuclear family would be treated. As I understand it, the adults in this cult don't have autonomy and many of their "family" decisions are in fact made by the elite of the cult such as who will marry who and which boys will be abandoned, literally on the streets and highways.

I would imagine that because of the cult's practices that many of the adults are undereducated and would have a very difficult time getting employment outside of the cult. There have been news reports that the homes in the two cities that straddle the Utah and Arizonia border are owned by the cult and that when a family does not toe the line to the cult elites' satisfaction -- they are threatened with homelessness. Its fair to assume that the branch in the El Dorado ranch would have the same practice.

For these reasons I think it was a good call to treat the entire compound the same as one nuclear family and I'm also curious to see what the Texas Supreme Court will decide.

I'm not sure about treating the entire compound as a single household. Good arguments on both sides there. As far as people who would like to leave the cult having a difficult time doing so, I see that being a serious problem. What I don't understand is how an approach like this raid is going to help that situation.
 
Things were worse before ANCRA, things are a huge mess now, and there are parents who are not capable of parenting by the 'reasonable person' standard.

If all children are taken into custody or not depends on a number of factors:

-state statute
-the local state's attorney or DA
-the nature of the crime
-the pervasiveness of the abuse
-the local agency of the state agency
-the judge
In Illinois it is not uncommon to take all the children into custody, it is also not uncommon to take one child into custody.

If say a baby has a spiral fracture or has bruises on the neck from a ligature, the state will take all the kids that would indicate a lack of judgment regarding all the children in the household.

If a child has been locked in a room and deprived of food and medical care, the same.

However, there are times when the judge, the state agency and the SA/DA does not feel that a risk is presented to all the children in the family. Then it may be that only some of the children are taken into custody.

And again the state does not have a burden of proof to make an investigation, the fact that they entered the compound on a bad warrant does not obliviate the allegation of 17 (still currently) underage women having had children. Now it may turn out that they were all of legal age when they had their babies, it might not.

The issue is a tough one due to the severe conditions of the 'compound'.

The standard of care would say that you should at least take all the children in families where there appears to be an underage woman who has had children. That standard would meet the needs of protecting the minors and protecting the rights of families.

But then what about the situation where you have a family that currently has no underage woman who have had children, but upon investigation it is found that they prior had a daughter who they did allow to be 'spiritually' married into another family. The do you take all their female children into custody to protect them that would be another prudent standard of care.

The heart of the mess is that the state does not know who is who and whose child belong to who as far as families go, I would assume that the current standard of care will depend, if the stat can verify that there is one of the alleged 17 underage women who looks to have had a child, then there is sufficient grounds to keep the other 16 in custody. If there are other minor children in those households then by the standard of care outlined above they should be kept in custody, and that is also true for families who let their underage daughters engage in that practice.


It is very delicate and trying for all parties, I am sure. I am curious why the basis of the warrant was not on the abandonment of teen age males. But again they are never cared for in any state, they will not be taken into custody usually, even in Illinois in the county I live in that has a high rate of intervention.

It is up to the Supreme Court of Texas next.
 
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I picture is worth...

http://origin.sltrib.com/utah/ci_9361767

It is very delicate and trying for all parties, I am sure. I am curious why the basis of the warrant was not on the abandonment of teen age males. But again they are never cared for in any state, they will not be taken into custody usually, even in Illinois in the county I live in that has a high rate of intervention.

You would think that with all the talk about these boys being abandoned all these years that someone would have all the evidence lined up just waiting for the moment to be able to use it. But I guess its the boys word against the communities word. Who do you believe? The boy will say he was abandoned, the community will say he ran-away after committing crimes in their society.

The Texas boys to girls ratio is really strange, which would seem to be common sense that the boys (if they would come forward) story is true. But Texas is the one in court right now, and this ranch in Texas has only been here a few years, it seems that Warren Jeffs only brought his select few to live in this ranch, so he probably selected more girls than boys. Hummm The abandoned boys have not been from Texas but other states.

I know of one "lost boy" who is now a man who is fighting against Warren Jeffs because of the "lost boys" I think there are several, but it is not Texas. I also understand that there are organizations for the FLDS that are thrown out or run away to seek help in.

Susan
 
The other issue is a sad one, often protective custody is not taken for children over the age of 12 if there is not sexual abuse involved. Again everbody want sto stop child abuse, but when it comes to preventive intervention for parents at risk, you have to pay, when it comes to providing shelter and care, you have to pay, basicaly the state sets a lower prioroity on spending to deal with child abuse than building prisons, highways and national gaurd units.

The issue is probably more of the abandoned children being male and over the age of thirteen. I doubt that they are the kind of kids who punch walls, strangle siblings and fight the police. The few media stories would have it that they missed urfew and listened to an IPod.

Male children at at highrest risk of non-intervention, females as they get older are at risk of non-intervention. It is a real issue.
 
The police are not following proper procedure. First, the appeals court judge ruled that there was not enough evidence of immediate harm to take the children away before any crime had been proved.

This strikes me as very reasonable.

Furthermore, when you have interesting facts like mothers who the police classified as underage not actually being underage, it turns rather messy.

Do I think the standard that the state should have to prove actual abuse here before taking away the children is reasonable? Yes.

Now if abuse is proved, take away the children. But lets not throw out the 'innocent until proven guilty' clause of our legal system. I rather like it.
 
I think editorial sums up my opinion pretty well.

http://www.dallasnews.com/sharedcon...ithwick_28edi.ART.State.Edition1.461b8d5.html

Particularly this part
In ruling that a lower-court judge exceeded her discretion when she ordered the state to take custody of children from the FLDS, the 3rd Court of Appeals did not find that there were no pregnant girls on the compound or that there was no risk of future abuse of others. The court merely found that the mass removal was strong medicine for which the state had provided insufficient justification.

The court rejected the state's two central arguments: that evidence of a handful of pregnant minors was enough to prove that all the children were endangered and that all the children reside in an abusive "household" because the entire ranch constitutes a single home.

In the end, most of the 400-plus children were grabbed merely because they shared a "pervasive belief system," and in the eyes of the appeals court, that simply doesn't rise to any kind of imminent physical danger.

You may well be horrified by the prospect of hundreds of children being returned to a compound in which a girl's highest aspiration is to be married, at age 15, to a guy born when Harry Truman was president. But what the Texas appeals court found was that your horror alone, or the horror of the incredibly well-meaning CPS folks, does not rise to the legal standard of imminent physical danger to that child.
 

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