From Deseret News archives:

Ruling: Some FLDS children must go back; dissent says teenage girls remain at risk

CPS will work toward 'prompt and orderly' reunification

Published: Thursday, May 29, 2008 5:06 p.m. MDT
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Lawyers for the mothers said the Supreme Court's ruling still allows child welfare authorities to conduct an investigation but "they have to go about it the correct way," said Cynthia Martinez, with the Texas RioGrande Legal Aid Society. The decision gets the children out of foster care facilities as soon as it can be coordinated with the courts.

Jessop said FLDS members would be willing to cooperate within reason with any child welfare investigation. Contrary to reports by CPS, Jessop said FLDS members tried to cooperate early on in the investigation last March to no avail. Ultimately, the YFZ Ranch was raided by Texas authorities and the 400-plus children were removed and placed into state custody.

"There have been many many allegations and, insinuations. The FLDS people I am acquainted with do not allow their children to be married without at least a legal age. We do not understand where this is coming from," he said.

The decision was lauded by attorneys who filed the appeal of Judge Barbara Walther's decision to allow the state to keep custody following a two-day adversial hearing in April.

"It's great to see that the court system is working in the interest of justice," said Texas RioGrande Legal Aid attorney Kevin Dietz who is leading the group of attorneys working on the case.

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The decision gives the mothers new hope that their families will be reunited relatively soon. Although the decision only applies to the 38 mothers named in the case, the decision will likely influence all the families, Dietz said.

"These mothers have never given up their fight to bring their families back together," added Dietz. "TRLA remains dedicated to working with the courts and CPS to do what is in the best interest of these children. Right now, that means reuniting these families."

Walther was not in court this afternoon and any order from her vacating her previous decision could come as early as Friday.

"We are all very very happy with the ruling. It vindicates what we have said from the beginning. The children should never have been taken from their home and families and kept from their families for such a long time," said Rene Haas, an attorney for Joseph and Laurie Jessop, who have three children in state custody. The Jessops struck a deal with CPS that allowed their children to return to them as long as they remained in the San Antonio area.

Haas said she is trying to clarify whether the family needs to move back to the ranch. She said the family has every intention of "continuing to live in peace in Texas which was their hope when they moved here three years ago."

ordered the children removed from the YFZ Ranch was correct in doing so to protect teenage girls who were in danger of being sexually abused.

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