From Deseret News archives:
FLDS women's lawyers seek return of children
The petition alternatively asks the 3rd Court of Appeals to order the men to leave the YFZ Ranch and allow the children to return, or order mothers and their children to live elsewhere.
"The trial court could order the men the alleged perpetrators of abuse to vacate the ranch, or it could order the women to live elsewhere with the children during the pendency of the investigation," says the petition filed by attorneys for Texas RioGrande Legal Aid.
The appeal also suggests the court has the option of issuing protective orders against the men preventing any contact with the women and children.
The petition, amended from a previous request that was denied by the upper court, asks justices to reverse Judge Barbara Walther's decision to have all 464 children removed from the ranch of the Fundamentalist LDS Church.
"This case is not about whether (the state) is entitled to investigate allegations of child abuse," the petition states. "This case is about whether (the state) may deprive mothers of possession of their children without evidence that the mothers pose an immediate physical danger to the children."
The petition states Walther failed to meet three criteria the law requires to remove children from parents. The Department of Family and Protective Services must return the children unless it can prove the following:
• That there was a danger to the physical health or safety of a child caused by the parent, and remaining in the home is contrary to the welfare of the child.
• The urgent need for protection requires immediate removal of the child, and reasonable efforts are made to prevent the child's removal.
• Reasonable efforts have been made to enable the child to return home, but there is a substantial risk of continuing danger if the child is returned home.
The appeal states DFPS did not produce any evidence of abuse or neglect except for 16 children. And while the April 17 adversary hearing was designed to consider each child individually, the court instead ruled "en masse" on behalf of all the children.
Recent comments
Interesting how the world views polygamy as an immoral crime. Our...
John | May 20, 2008 at 1:08 a.m.
You can't prosecute somebody's belief system just their actions. And...
Thomas | May 1, 2008 at 10:01 p.m.
It is time to wonder if those who vehemently condemn the most here...
Bob | May 1, 2008 at 8:27 a.m.
- RSL will play for MLS Cup tonight 3:06 a.m.
- Jazz outlast Pistons in overtime 3:06 a.m.
- Utah Utes whip SDSU 3:05 a.m.
- BYU records with win 3:05 a.m.
- RSL dancing with soccer stars 3:04 a.m.
- Cougars turn focus to dreaded rivals 3:04 a.m.
- Dixie State campus briefs 3:03 a.m.
- Weber State campus briefs 3:02 a.m.
- UVU campus briefs 3:01 a.m.
- BYU campus briefs 2:59 a.m.
- Glenn Beck to enter politics?
- Can BYU throw vs. Air Force?
- BYU records with win
- Police link alcohol to murder
- Huntsman blasts media over trip
- Cougars cruise to victory in Hawaii
- Christian leaders not backing down
- Religion cited in deportation fight
- Orem man acquitted in tot's death
- 4A: Timpview wins 4th in 4 years
- Buttars wants to limit gay rights laws
192 - Palin plans tour stop in Utah
173 - Glenn Beck to enter politics?
129 - Palin's book shows she's unqualified
122 - Officer cleared in Cardall Taser case
103 - BYU cuts Women's Research Inst.
100 - Jazz finally win in San Antonio
98 - BYU records with win
95 - Utes knock off rival Aggies
93 - Huntsman pleased with Obama
87
A little after midnight Wednesday morning, about 21 hours ago as I write...
There's a lot of reason to leave your plastic home as you shop:
Beck is extremely smart, he is selling books and is very popular on TV. All...
@Mick, the Federal Govt is run by corporations through contributions and...
Lets bond together and hope for a REAL celebration SUnday night, can hardly...
I was on the playground too and some teachers came out and called us all to...
B.Y.U. has been a consistent a top 25 ranked winner under Max Hall. Hall has...
Did Timp win four in a row or 4 in 4 years?
You have a lot of growing up to do, It seems like you have not cxperienced...
The proposed ethics law puts roughly the same burden on a legislator that a...
Hall ACTUALLY broke the all timme wins record vs WYO last week. I guess...
Sounds to me like Kraig Powell may be a candidate for resignation. So long,...

