What the Texas Appellate Court Decision Means for Children of the FLDS and Their Families

By now, you've probably heard that last week an appellate court in San Angelo, Texas ruled that the state had no right to remove some of the hundreds of children from the FLDS Yearning for Zion ranch. The decision overturned an earlier ruling by a lower court and gave the court ten days to return the children to their families. All at once it seemed the circus of the last two months had ended. The judges had spoken and the kids were going back.

Being a former member of the FLDS and a child who was forced to marry at age fourteen, I had firsthand experiences with the issues at stake, so it was interesting to me to see the range of reactions from people around the country. No matter whom I spoke to, I was met by a mixture of outrage, relief, and confusion, as people tried to make sense of what this decision meant for the FLDS and more importantly the children. Everyone that I spoke to fixated on some version of the same question:

Should the court have allowed the children to return to the YFZ ranch?

It's an understatement to say that's a tough question. On one hand, FLDS members understandably want their children back. What's harder to understand is that FLDS members can only see this situation as an example of religious persecution. In their eyes, all the events of the last two months--the raid, the hearings, the DNA tests--are an elaborate stagecraft designed with religious persecution in mind. To them, the children are merely the excuse the government needed to chase them out of house and home. This view fits right into the story they've been taught since birth, the story that all outsiders are evil and only want to see the downfall of the FLDS way of life.

Unfortunately, this mindset makes it difficult, if not impossible, for them to see the reality that there is a very real risk for the girls in the FLDS. Texas for its part cares little about religious persecution and is far more concerned about the safety of FLDS girls. There is good reason for this. A couple of years ago when I agreed to testify against Warren Jeffs in Utah, it had been my hope that by raising my voice, I could spare other girls my fate. That perhaps the practice of underage marriage would finally come to an end, if the men behind it knew that it carried the risk of prison. What the raid on the YFZ ranch demonstrated was that sadly this behavior has yet to stop. While the actual number of underage brides and mothers still has yet to be accurately determined, there is no mystery that the practice has continued in spite of Jeffs' conviction.

Personally, my reaction was one of heartache for everyone involved. I could see both sides of this issue, and I understood what everyone involved in this saga was up against. While I knew that the FLDS children had been dealing with the shock of life in the outside world, I could also see that this decision was a setback to Texas's important efforts to protect those children.

Yet as difficult as it was for me to stomach this decision, it merely reinforced my feelings. Ultimately, I believe that these FLDS families need to be reunited, but not until the FLDS parents have proven that they can and will prevent underage marriages from taking place. This is not a black and white situation, but unfortunately, because children are involved it has to be. People can not compromise when it comes to the safety of these kids. As a result, both Texas and the FLDS need to contribute to a system that will put an end to the practice of underage marriage. The two sides need to work together to find a middle ground.

In the video that follows, I'll take you on another part of my exclusive tour of Alta Academy, so that you can see just how separate the FLDS culture is from mainstream America. Though the building is slated for destruction today, Alta Academy is where I went to from first grade to sixth grade. During those years, it was the center of FLDS life in Salt Lake City. Everything from FLDS baptisms to births to school classes occurred within its walls. It was here that I learned what it meant to be an FLDS member. As you go on this tour with me if you'd like more information please go here.

Comments

[justfrugal]

Elissa,

I just got finished your reading your book yesterday. I couldn't put it down.

I guess I can see both sides to the story here and I understand why everyone is at odds about it. Being a mother I would find it very hard to have the government come in and take my children for what I thought was no reason at all and then deny my access to them. As a parent whether I was legally married to the child's father or not I would want my children back.

I do however see the governments stance as well. If it is determined that these girls who were underage and with child were forced into an illegal "union" then it IS something that needed to be done to protect the children and yes I believe that a 16 year old girl IS a child from being abused in such a way.

[ricker]

When the real story comes out which it may not if people don"t get interested in a story about a very real possibility that our medical community/government has destroyed the minds of millions of children through their pharma greed, found out they were responsible, secretly did research and grabbed evidence and tampered with it to cover their financial backsides¦ this needs to be front page until it is disproved because 1 child in 166 are astronomical odds - since autism was discovered in 1950s¦. when did vaccinations of school age children begin? justsayin¦. look up Affymetrix Genechip and LineaGen and the connection between the TX judge Barbara Walthers husband michael Walther - and the funding by Labcorp into autism¦.

From Labcorp"s Q4 Earnings Report!!!

The availability of an ultra high-density micro ray based on the Affymetrix Whole-Genome sampling technology. LabCorp first offered comparative genomic hybridization testing in 2005 and this enhanced test will offer unparalleled resolution for the detection of mental retardation, developmental delay, autism and other clinically significant genetic changes. In breast cancer we completed validation studies on the molecular estrogen receptor and progesterone receptor assays and the testing is now available. This is significant because of recent concerns about the accuracy, lack of standardization, and reproducibility of immunohistochemistry assays for these markers among smaller laboratories. We expect to complete these validations soon and hope to launch this test in the mid to latter part of 2008.

[ricker]

The state of Texas took these kids, made themselves the temporary custodians in order to have the legal right to take these kid"s dna, then vaccinate them against the will of the parents. Now we find out that the judge in this case Barabara Walther (whose term is up at the end of the year)- is married to a Michael Walther, a prominent radiologist, experimenting in predeterming tests for cancers and alzheimers and autism using the human Gnome - and his studies are being funded by Labcorp. And Labcorp just so happened to acquire the contract to take the kid"s DNA and give them vaccines. If the Pharma bigwigs know that there is a link to vaccines, they need to get rid of the largest study case in america by vaccinating them, therefore erasing the best control set of unvaccinated kids. They are trying to stave off a potential Pharma stockmarket meltdown and a national outrage (with incalculable lawsuits) if it ever gets proven that vaccines cause autism. Please find out what you can. Don"t let them get away with this. It is NOT about child abuse - the state of Texas has known about thse kids and these practices for decades. What HAS changed is since 2005, the research into vaccine culpability in autism, and the growing pressure on the CDC to test large groups of unvaccinated kids (which they have refused to do - um, why?) Give it some thought.

[ricker]

There must be a full scale investigation into the raid and seizure of nearly 500 children at the FLDS ranch takes place asap. Why were 500 children taken, separated from their mothers, DNA forcibly extracted, forcibly immunized, spread out all over the state, and ultimately returned to their families after 2 months. Thank goodness the Texas Supreme Court put an end to this unconstitutional, unlawful act by Judge Walther.

I"m not here to promote or stick up for polygamy. If courts prove abuse had taken place then I am in agreement that children should be removed. That isn"t the real issue, so I hope the conversation can stay on course. Please read the following information to understand the real story behind the media"s spin of the FLDS situation.

[vegasrichard]

One of the things that caused this is the stupid marriage laws in this country. If the law enabled poly marriage these people would not feel they have to hide from the rest of the country. If it was out in the open than it could be setup in a way to protect the children. The banning of poly and gay marriage is an out dated forcing of religious belief on people that what a different way of life. The only restriction on marriage is that it should be between humans and they have to be at lest 18 years of age.

For the record I have had a hard time with one wife but if someone can make a poly marriage work why not.

[pixel105]

If you want to know the inside story of the polygamous cult lead by Warren Jeffs (who live at the YFZ Ranch in TX and in Colorado City, AZ.), check out the recent documentary BANKING ON HEAVEN. http://www.bankingonheaven.com

[MourningDude]

The appellate ruling found that it was, in fact, based solely on religious persecution. The only "threat" posed to 461 of the kids was the religious beliefs they were being taught.

It's pretty hard to say that there's no religious persecution when almost 99% of the kids were only seized because the state thought their religious -teachings- were somehow abusive.

They called it "being groomed to be future perpetrators". Well, unless they're talking about personal hygiene, the only thing they could be referring to are religious BELIEFS. Not actions, beliefs.

I'm sick of people defending the thought police. Our system of justice is based on the premise that people are innocent until proven guilty. These parents have been vilified and attacked without anyone being able to demonstrate that they have abused their children in any way, or that they are likely to abuse them in the future. It's a complete fiasco.

[Mort]

Underage girls are pregnant and many have had multiple children, while they were children. Jeffs is in prison and facing more charges, The men are in hiding, avoiding charges. The women lie to the police and hinder an investigation.Mountains of complaints about welfare fraud. A few have escaped and made public the abuse going on there. Hundreds of young boys wander homeless, ejected by Jeffs. Birth defects from inbreeding and accusations of infanticide. Not to mention polygamy is illegal.

But if anyone tries to protect the children or speak out against the abuse they're accused of religious persecution or being the thought police.

[montestruc]

Cite it, show me the EVIDENCE.

[luziannagirl]

It seems to me that a key approach to the state of Texas' investigation of whether and to what degree child abuse occurred among the FLDS communists would be to first establish the correct age of each child, and then to establish the biological and legal parentage of each child. Otherwise, how would the state know whether adult sex with minors has occurred, and if so, which parents are responsible if not complicit in allowing if not arranging it?

And, if those two key approaches are thwarted by the FLDS communists' systematic efforts to hide and obscure both of those key facts about children born in their commune, then it seems to me they are ALL guilty, abeit to varying degrees, of criminal behavior, and ALL the children are at risk of either being sexually violated, or, living in an environment where sexual violation and involuntary servitude is the norm.

You know, even Islamic terrorists have morals and scruples. Many of them are "good parents" in many ways. Their children, should they be taken away from their parents for some reason, would be traumatized. The same can be said for many children whose parents are involved in organized crime. Espionage. Prostitution. Illegal wildlife trade.

Unfortunately, that's the nature of removing children from their homes, and it's what our society has said can happen when parents are involved in crime. Maybe it is time to change it, but that's another issue and another discussion.

[rwe]

What makes this so tragic and frustrating is the Court system is shackled by legislation that restricts and prevents it from acting in the BEST INTERESTS OF THE CHILD. The DCS systems of the country are frought with ineptness but somehow the legal system has to have the authority and power to make common sense decisions based upon circumstance and not all encompassing legislation.. The error should be on the side of the child , not the sect , or the law.

[MsLiz]

Removing children from their homes is a trauma in and of itself. These kids aren't put into suspended animation; they are placed with foster families, who sometimes are not good for the children. When I was working as a guardian-ad-litem, one of my clients was sexually abused in foster care. Kids get attachment disorders from being removed from their parents' custody.

How the Texas child welfare agency can prepare individually for these children I do not know. They have to pour everything into these cases, and then what about the rest of the children in Texas?

This issue has been in the disaster stage for over twenty years, and still it is not a national priority.

[Mort]

Keep speaking out, Elissa! Never mind the naysayers who defend the abuse of children and call you names.

You're right, this is a sensitive and complicated issue, but one that must be addressed for the sake of the kids. It's not about religious persecution. It's about protecting children. And if that takes some uncomfortable dealings with others it's worth it.

[cylindar]

You say Texas cares little for religious persecution. Do you remember what happened at Waco.

[MsLiz]

We remember Waco, and the Federal Department of Justice and the Federal Bureau of Investigation. It wasn't the state of Texas which laid seige to the Branch Davidians compound.

Are you aware that this so called religious sect lived in an armory? Do you think that rebel armies should be tolerated if they claim religious inspiration?

The Amish prove that one can live a religious life and live outside the mainstream without being wacko.

[Boadicea]

Any man who married an underage girl should be put in prison for a very long time. Kids should go with their mothers.

Thanks for writing.

[LeonBNJ]

To me one of the reasons that the Texas CPS moved on the FLDS ranch was from the initially reported charges was that they feaed another Waco. Similar to the FLDS ranch, there were claims of sexual abuse of children and teens under age 18 by the David Koresh and others at their compound in Waco. Probably the Texas CPS moved much earlier unlike with Waco where they probably waited too long before acting leading to the horrible situtaion that killed many people.
Perhaps what could be done is to allow families with their childen return to the FLDS ranch but with representitives of the CPS live and be stationed there to supervise the facility to make sure they don't do any illegal acts.
I suspect that as soon as many of the parents get their kids back, they are running for the Texas State border to remove the jurisdiction of Texas from their kids.

[MsLiz]

I don't think the situations are comparable. The Branch Davidians were stockpiling weapons and its members were subject to arrest for weapons violations.

You are probably right that many of these families will flee the jurisdiction.

[drblack]

The great problem with tis is that it was started by a hoax phone call. A woman who had made accusatory hoax phone calls before was the person who started this whole thing.
Does this mean I can call the police and make up something about you and you can be arrested,have your children taken away with ?
This sets a scary precedent. This would make us no better than the governments of China or Russia as far as Freedom and the Rule Of law are concerned.
I totally agree that nobody should be forced into marriage or sex.
Are we a country of laws per the US Constitution or are we a tyranny that acts on false accusations and whim.
The arrest of Warren Jeffs and interviews with former members should have given the governmnent enough to investigate with care.
Now ,because of the rash actions of the authorities ,justice may not be done.

[dutchess2]

Just you rest your haid about this...

What caused the children to be removed were those several little pregnant girls waddling
around the compound when the authorities got there.

Proof on the hoof, so to speak.

[jsq]

I run a family counseling center in NYC that provides family therapy to families who have involvement with Child Protective Services. I have dealt with thousands of families, some of whom have been falsely accused and some of whom have hurt their children badly. As a result, I am opposed to the removal of children in almost every case. Even when seemingly necessary, removing children from their families is traumatic, in many cases more traumatic and more damaging to a family than the original abuse. .

[MsLiz]

Thanks for taking on this heartbreaking work.

What most people who say "remove the children from the parents" don't realize is that isn't the end of the story.

Fortunately in my region, most kids are placed with other family members with whom they are familiar.