From Deseret News archives:

Texas judge refuses to sign order to return FLDS children

Lawyers for FLDS dispute changes she made to deal

Published: Saturday, May 31, 2008 12:03 a.m. MDT
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Kids' welfare first

Lawyers for the Texas Department of Family and Protective Services left the courthouse without saying much.

"I'm going to do what the court directed," agency attorney Gary Banks said.

In a statement, the department only said that "DFPS worked with the attorneys for the children and parents' attorneys on a plan for reunifications that was presented to the court.

"Judge Walther asked that we continue to finalize this plan together to ensure the prompt and orderly return of the children."

The Texas RioGrande Legal Aid Society, which represents mothers who successfully challenged the original decision, did not say if they will go to the appellate courts to get the order signed.

"We are determined to do what is in the best interest of these families and that means working to reunite children with their parents as quickly as possible," spokeswoman Cynthia Martinez said in an e-mail to the Deseret News. "We are going to continue to work with the courts and CPS to get that done."

Story continues below
Andrea Sloan, a lawyer representing a group of young women considered by the state to be minors, said it came down to a competing balance of how invasive Texas CPS caseworkers can be when the children go home and the FLDS right to freedom in their lives.

"At the end of the day these children need to be home with their parents," Sloan said. "Two courts above this court have said that."

Asked if she had confidence in Walther, Sloan replied that she had confidence in the Texas court system.

"One way or another these children will be returned to their homes," she said.


E-mail: bwinslow@desnews.com, nperkins@desnews.com

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Eric Gay, Associated Press

Judge Barbara Walther wants a deal to include more specific restrictions for FLDS parents.

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