From Deseret News archives:
A new deal on FLDS offered
Early this morning attorneys representing 38 FLD mothers filed a proposed order which was immediately taken to the judge's chambers.
Lawyers representing FLDS mothers, children and the Texas Department of Family and Protective Services met for several hours Sunday at a state office building, hammering out a new order for Judge Barbara Walther's consideration.
"We reached consensus on some things and other things we really didn't. We're just making an effort to try and get this worked out as soon as possible so we can get the kids home," said Brad Haralson, a San Angelo lawyer representing three FLDS mothers.
If Walther signs the proposed order, the children could be reunited with their parents as early as Tuesday. Texas child welfare authorities indicated the order would apply to all of the children in state custody — not just the children whose mothers successfully appealed the judge's decision to Austin's 3rd Court of Appeals.
Attorneys have been trying to figure out what to do after Walther abruptly left the bench on Friday, refusing to sign an order to return the children to their mothers.
The Texas Supreme Court and the 3rd Court of Appeals in Austin both ruled that Texas child welfare authorities acted improperly in removing more than 450 children from the YFZ Ranch while they investigated allegations of abuse. The courts ordered Walther to return more than 130 children to their parents — but allowed her to set conditions. It also allowed Child Protective Services the ability to continue its investigation.
Negotiations broke down in court on Friday, leaving parents and attorneys unsure of when they will be reunited with their children.
"The judge has a right to enter an order, whether or not the parties agree," said Andrea Sloan, a lawyer representing a group of young women Texas claimed were underage. "At the end of the day, because of time constraints, I would expect she will just enter the order."
Lawyers declined to detail what the new order would say but said the language that was tweaked was a compromise. There will be no hearing today; the order will be dropped in the judge's box for her to sign.
"I think she's going to sign whatever order she wants to sign," said Kirk Hawkins, a lawyer representing four FLDS mothers. "It's closer to her version."
The sticking point still appears to be a disagreement over whether the judge has the authority to impose broad conditions giving Texas CPS authority over the families, or whether the judge should just free the children.
