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Texas Judge Orders Children From Polygamist Sect to Be Returned to Parents

Posted on: Monday, 2 June 2008, 15:00 CDT

SAN ANGELO, Texas -- A Texas judge ordered the release of a polygamist sect's children from state custody Monday, but told their parents not to leave Texas.

State District Judge Barbara Walther, chastened by two higher courts who said she shouldn't have let Child Protective Services keep the children in state custody, ordered parents not to interfere with continuing child abuse investigations by CPS.

The judge also said CPS workers may take children away from the Yearning For Zion Ranch in Eldorado for interviews if needed. She put no time limit on either CPS' investigation or her order that the children not be removed from Texas.

"We wished it was a better order but, hey, get the mothers and children back _ so we'll take it," sect spokesman Willie Jessop said minutes after Judge Walther issued the order.

The judge acted after three days of non-stop negotiations with the hundreds of attorneys in the case didn't produce an agreement.

Judge Walther made three concessions to parents from the Fundamentalist Church of Jesus Christ of Latter Day Saints from a sterner version she'd drafted during a tumultuous pretrial conference Friday afternoon:

_CPS workers may make unannounced visits to the children's residences only between 8 a.m. and 8 p.m., not at any hour of the day or night.

_An in-state travel zone is expanded from 60 miles from the ranch to 100 miles. Parents have to give CPS two days' notice.

_A provision was dropped that let CPS order parents to submit to psychological evaluations, though the state may give them to children. Parents must also complete parenting courses.

Jessop urged news media to "be super-sensitive" as sect mothers and children are reunited in coming days.

"The toll on the children is showing" after eight weeks of separation, he said.

CPS spokeswoman Shari Pulliam said the state was pleased by Judge Walther's order because it allows "a prompt and orderly" return of the children.

"The court's order ensures that the state's investigation of abuse and neglect continues with strong provisions in place to prevent interference and ensure compliance by the parents," Ms. Pulliam said. "The safety of these children remains our only goal in this case."

Gary Banks, CPS' lead attorney in the negotiations over the agreement, said in an email to lawyers in the case late Sunday that the state tried "to come up with an order that would have the widest possible acceptance."

However, he said "it appears extremely unlikely that any agreement on all aspects of an order can be reached and, as a result, the department believes the court will be required to finalize an order."

Source: The Dallas Morning News

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