From Deseret News archives:

FLDS win big victory

Impact: Hearings halt as state regroups

Published: Friday, May 23, 2008 12:02 a.m. MDT
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The court said that removing children from homes should only occur "when the circumstances indicate a danger to the physical health and welfare of the children and the need for protection of the children is so urgent that immediate removal of the children from the home is necessary."

Texas CPS officials argued that there were five girls at the ranch who became pregnant at 15 or 16 years old and said all children were in danger because of the FLDS belief system condoning underage marriage and pregnancy. CPS also considered the entire YFZ Ranch as a single household and argued children shouldn't be returned there because sexual abuse had occurred in that household.

The appeals court said CPS failed to present evidence of physical danger to children who hadn't reached puberty, nor evidence that pubescent female children were in physical danger other than the "pervasive system of belief" condoning polygamy and underage females having children.

"The existence of the FLDS belief system ... by itself, does not put children of FLDS parents in physical danger," the court said. "Evidence that children raised in this particular environment may someday have their physical health and safety threatened is not evidence that the danger is imminent enough to warrant invoking the extreme measure of immediate removal prior to full litigation of the issue as required ... "

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The court said CPS did not make reasonable efforts to consider options other than removing the children.

The FLDS have denied any abuse, but Rod Parker, an attorney who is acting as their spokesman, acknowledged there may be a few instances of girls pregnant under the age of 18.

The YFZ Ranch

Many members of the FLDS Church found out about the ruling as they were headed to court in San Angelo for the marathon custody cases involving their children. Balovich and her co-counsel, Amanda Chisholm, drove to the FLDS property to deliver the good news to their clients.

"That's encouraging," said a woman named Annette, who learned of the decision from a Deseret News reporter at the gates of the YFZ Ranch. "I'm waiting to see if it's really going to happen."

Outside the courthouse in San Angelo, FLDS women hugged and cried with joy upon hearing the news.

"Praise the Lord," said Ilene Jeffs.

"We're grateful for that," said Sarah Barlow, a mother of two whose children are in state custody.

"Anything positive," Jeffs added as she walked up the courthouse steps for a hearing involving three of her children.

Willie Jessop said their faith has carried them through this trial.

"The people had an opportunity to put things in the Lord's hands and when he grants your prayers, you acknowledge him first," he told the Deseret News. "The people turned to their faith and acknowledged him when the children were first taken and we acknowledge him now."

Recent comments

To NY Bill-- You spoke of "seizing children from their innocent...

Penna | May 27, 2008 at 8:50 a.m.

I am ashamed that the State of Texas has obviously also been...

Delia | May 25, 2008 at 8:13 a.m.

For those who watched Larry King Thursday evening May 22..correct me...

Sharon | May 24, 2008 at 2:44 p.m.

Image
LM Otero, Associated Press

Esther Jessop Barlow, left, and Monica Sue Jessop, right, are joined by other FLDS members as they leave the Tom Green County Courthouse Thursday after hearing news of a court ruling in their favor in San Angelo, Texas.

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