FLDS mom drops action against Texas CPS
Naomi Johnson sought financial damages against Texas Child Protective Services, claiming the agency failed to show it had evidence of abuse involving her daughter, Rebecca, and made sweeping abuse allegations against the entire FLDS community.
A hearing on sanctions was scheduled in San Angelo, Texas, Wednesday. But the hearing was canceled after the toddler was "nonsuited" on Oct. 28.
"We basically swapped nonsuits," Johnson's attorney, Robert Gibson Jr., told the Deseret News on Monday. "They dismissed, we dismissed."
In April, law enforcement and child welfare workers raided the YFZ Ranch after a phone call alleged abuse. Approximately 439 of children were taken into protective custody, only to be returned two months later when a pair of Texas courts ruled the state acted improperly and the children were not in immediate danger of abuse.
To date, only 37 children remain a part of the ongoing child custody case. The rest have been "nonsuited," or dropped from court oversight after CPS said its investigators either found no evidence of abuse or their parents had taken appropriate steps to protect the children.
Gibson said FLDS families could pursue a civil lawsuit against the agency for the removal of the children, but noted that Texas immunity laws would make it very difficult. While a recent federal court ruling changed how CPS removes children, it came after the removal of the children from the YFZ Ranch, he said, and any change in law cannot be applied retroactively.
Johnson is still awaiting a letter detailing the findings of CPS's investigation involving her child. Every family is expected to receive a letter that declares whether abuse has or has not been found. If Johnson is found to be an abusive parent but her child was nonsuited, "our remedy is to file a lawsuit to have that removed," Gibson said.
Hearings are also scheduled in Texas Wednesday to review the status of six children that CPS sought to place back in foster care. Their parents struck deals with the agency to keep them in their homes.
E-mail: bwinslow@desnews.com
Recent comments
Nursing mothers were NOT allowed to stay with their babies if the...
DeputyHeadmistress | Nov. 30, 2008 at 6:19 p.m.
Yep gal 50....life in the real world.
The children were...
zxcvbnm | Nov. 28, 2008 at 11:40 a.m.
why is it ok for the government to steal over 400 kids and take away...
sarah king | Nov. 26, 2008 at 8:46 a.m.
- Dixie campus briefs 1:10 a.m.
- Westminster campus briefs 1:09 a.m.
- UVU campus briefs 1:07 a.m.
- Utah Utes campus briefs 1:07 a.m.
- Visit to paradise nightmarish for Ags 12:32 a.m.
- Utes struggling to shake starts 12:31 a.m.
- Cougars' execution flawless 12:30 a.m.
- Utah Jazz fall apart against Kings 12:17 a.m.
- 3A football: Tigers pull away 12:12 a.m.
- Editorial: 'Immigrant' children needy 12:12 a.m.
- Gay advocates trek to LDS office
207 - Dirk does dirty work in Dallas
190 - Lobo suspended
171 - Speed has never been BYU's game
136 - Cougars crush hapless Cowboys
128 - House passes health care bill
111 - RSL rallies to advance
102 - Prep football: San Juan vs. S. Sevier
102 - Thousands protest health bill
100 - Provo company innovating engines
98
Why do so many people live so close to refineries in Utah and elsewhere?
NASA's Stardust probe continues to bring new knowledge about the nature...
Nothing proposed would keep young adults from learning of the reality of sex,...
the only "decent" team we played we lost to? I guess that Air Force isn't a...
I am watching the game again, and it is awesome!!!
I can't help but laugh inside when I read comments from YBU/TCU fans who...
(from the independant) I like Dennis Miller.... and Bill Maher, although I...
As a BYU alumnus, I can't justify to myself ever donating another dollar to...
Not a chance. Don't get me wrong they are both studs, but if Asiata wasn't...
Titan Fan, sorry that some of your best players got hurt. I hope they...
So sad how fear based so many are.
Will the Jazz even make the playoffs this year. The way they are playing it...

