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Texas judge refuses to sign order to return FLDS children
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texas and strong women, yes, my great, great, grandmother went to texas by wagon in 1832 to homestead. she was the first in a long line of us, and none of us would ever allow anyone to treat us the way these pathetic women are letting these men use them as brood sows.
and my father would have taken a shotgun to any so called man wanting to make his girls spirtuals wives
at age 12.
the mothers are as much to blame as the men, they hand the girls over. i think they are so inbred that all the minds are purtrified.
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We are a nation of laws and restrictions on the power of the state. The state must abide by the constitution just like any other citizen. They were compeletely wrong in this case and the judge aided and abetted.
The agreement CPS drafted on May 30th, 2008 for the return of the children was so ambigous they, CPS, could not even enforce it.
Looks like CPS just wants this thing to go away.
Texas courts said do what you need to enforce the law and protect the children, but follow the law while doing it. The CPS seems to be saying �it is too hard to follow the law - let�s just let it fade away and we will blame the judges. We, CPS, only want to enforce the law when we can make it easy for us, CPS, by allowing CPS to break the law in order to enforce it�.
Looks like Texas needs to bring in some competent people at Texas CPS.
The FLDS has found a new safe home for their life style. Like Utah, Texas will soon be unable to enforce all it's laws against FLDS members.
If that law had previously been used to justify pushing young girls into marriage with old men, it would have been changed years ago. It was changed in response to the abusive use to which the FLDS tried to put it. A 14-year-old marrying her 16-year-old boyfriend is far less common today than in the past. As a society we have moved on. The law stayed on the books (as many outdated laws continue to do) until it was used to justify child abuse.
A 14-year-old assigned in marriage to a 65-year old man (who already has a dozen or more "wives) is a good reason to change an outdated law. That isn't religious persecution. It is child protection.
There is a big difference between a single family, together with their 16-year-old daughter deciding she is ready to marry - and an entire community offering up it's underage daughters in marriage to old men because their prophet tells them to. The coercion and trauma is a matter of legal record.
Yes, the judge has guts.
She is also a county judge elected by county voters.
Releasing these children back into the community without giving CPS the practical and legal authority to continue the investigation may not be popular.
Returning them at all may not be poplular.
Maybe she is hoping the Appeals court will release them without any restrictions so they will have to take the political heat for killing the investigation.
Maybe she just wants to force the Appeals Court to issue an order releasing the children so it will be on their head.
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concerned woman wrote at 1:03 p.m. May 31, 2008
The judge is gutsy and I like her. She knows there are children at risk. This is a cult with a huge privacy screen. They kick out young men so the older men can get more girls as wives. Not women, but girls. There is a lot of sexual abuse, child abuse, verbal abuse, physical and mental abuse. I say to the people with their heads in the sand: Get your head out of the sand and read the truth. The children are in danger. Just look at the past! Hello!
What's at risk is the US Constitution.
That single APPEALS court ruling, means we do not have to worry about a bus arriving in our neighborhood to take all the children away.
We do not have to "prove" we have the right to raise our children before they, the state, will "consider" giving "our" children back.
But, the apparent incompetance and lazy behavior of the Texas CPS means that the FLDS life style in Texas is now safe. If that life style includes wide spread child rape, multiple wives ( spirtual or otherwise), and cutting teenage boys off from the support of their family, friends and communities, OR NOT, they, ( the FLDS members ), will be effectively immune from prosecution. (except in very rare individual instances where media plays it up).
The net effect is a win for all of us, but a loss for any true victims of hidden crimes in these reclusive religious communities.
One big win, many small losses. Small to everyone else, life changing for the victim.
But, that is the REAL WORLD. Win some, lose some.
"Judge Barbara Walther wants a deal to include more specific restrictions for FLDS parents."
Go Barbara Walther!
Texas is not going to be run over by polygamists like the state of Utah. The thousands of people in Utah practicing polygamy has left the great state of Utah IMPOTENT!
Go Barbara Walther! Go!
You still see posts on "12 years olds being forced to marry 60 year olds", "welfare fraud", "brood sows", etc. All of these things have been found to be absoulutely false.
Yet many continue spewing out those misinformed lies. I threw the tv out a few years back. I suppose that I was naive enough to think that there wasn't really anyone that listened to CNN, NBC, etc. anymore. Guess not. Wake up folks, and get your information somewhere besides the mainstream media.
The Appeals and Supreme Courts have mandated that incompetent Barb vacate her order which gave custody of all the children to CPS. Nowhere did it say should could add provisions that had to be met before vacating the order.
Put your blanket back under the bench, Barb. It's Day 48 and Texas has not brought forth even a single case of child abuse . . . the incompetent dullards involved are still clinging to the ridiculous notion that their dragnet operation based on fraudulent call to 911 does not trample Texas law or the Constitution.
Austin's 3rd Court of Appeals will remedy Barb's injustice on Monday.
Continuation of my previous comments...
FEMALE ATTORNEY TV VIDEO STATEMENT:
CHILDREN ARE BEING UNLAWFULLY DETAINED.
==
1. After taking the kids the CPS filed a civil lawsuit to permanently remove that children from his/her parents. Required by law and routine.
2. A hearing was held to determine which of the following should have happened.
A. The children should stay in temporary custody of CPS and the trial to permenently remove them should continue over the coming months and years.
B. The children should be returned to the parents subject to any restriction the court approved and the trial to permanently remove them should continue over the coming months and years.
3. Judge W. chose A.
4. Judge W. order the children placed in the temporary custody of CPS while the trial continued.
5. Judge W. also ordered DNA samples and other methods of obtaining evidence which are appropriate having chose A.
6. Judge W. did NOT order the type of option B restrictions which would of been appropriate - such as do not leave the county with the child - and fully cooperate with the CPSs investigation - as if she had chosen option B.
- continued ---
It's Day 48 and Texas has not brought forth even a single case of child abuse Proof of abuse? Ridiculous!
There is only proof that Judge Barb has a complete disregard for Texas law, the Constitution, and the higher courts.
7. The appeals court struck down only the order giving CPS temporary custody while the trial to take them away permanently continued.
8 The Supreme Court reminded the media and everybody else that the law suit to permanently remove the children continued and that the Trial Court had the ability to protect the children using option B.
9. The Supreme Court also reminded everyone that option B included the ability for the Trial Court to issue orders to the parents to allow the lawsuit and investigation to continue under option B including restrictions on travel and CPS access to the children in the parents home.
10. Judge W is now trying to implement option B as the Supreme Court pointed out Texas law allows here to - ignorant Media Circus continues.
Timing remains a problem - this all was supposed to be completed with in 14 days of removal of the children from their home - but appeals court pointed out that was just a procedural requirement that would not be reversed by an Appeals court of circumstances justified it.
Media Circus continues - Texas CPS continues to be incompetent. Judge W. wallowing in mess she caused.
"Many here cheered the raids, but on Friday residents were fuming. "I absolutely don't agree with what they do," Curtis Phillips, 33, said of the FLDS as he worked the register at the town's feed and mercantile store. "But blowing in that ranch like cowboys and taking all those kids -- that was just stupid. That's why people like me don't trust the government."
"Not of the locals in Eldorado Texas support Judge Walther ... "
-----------------------------------------
She has been elected judge in the county several times - so some of the locals must support her.
removal from office.
Of course our president's friends in Saudi Arabia practice polygamy openly. Could that be part of the reason why we don't hear condemnation of polygamy from higher up in our government? Could it be that at the higher levels of our government there is acceptance of that lifestyle?
An all out attack on a religion from lower level government agencies is bound to fail, especially when the US constitution is violated in the process. It will just result in that religion becoming stronger in the long run as they pull closer together to support each other. Look how the US became stronger after the Pearl Harbor attack.
Perhaps we should follow the example of our president and focus on fighting terrorists, and leave the FLDS alone if they demonstrate a willingness to follow marriage age laws in the future. I think that they have demonstrated themselves to be good parents.
I certainly hope my vote cancels out yours.
I am agnostic but value the Constitution which requires EVIDENCE.
10 year old girl deciding to get married?
No evidence. I saw the pictures of Jeffs.
Just the opposite of what you stated is true.
Texas Supreme Court wrote on May 29, 2008:
...
"the Family Code gives the district court broad authority to protect children short of separating them from their parents and placing them in foster care. The court may make and modify temporary orders �for the safety and welfare of the child,�[4] including an order �restraining a party from removing the child beyond a geographical area identified by the court.�[5] The court may also order the removal of an alleged perpetrator from the child�s home[6] and may issue orders to assist the Department in its investigation.[7] The Code prohibits interference with an investigation,[8] and a person who relocates a residence or conceals a child with the intent to interfere with an investigation commits an offense.[9]
While the district court must vacate the current temporary custody orders as directed by the court of appeals, it need not do so without granting other appropriate relief to protect the children, as the mothers involved in this proceeding concede in response to the Department�s motion for emergency relief. The court of appeals� decision does not conclude the SAPCR proceedings."
---
end Supremes quote
Will you Texans like putting out the money it's going to take to raise these kids that you know nothing about? How many of them are you tending at this moment? Are they happy and well adjusted to their new surroundings? How is your own family doing? Perfect? You will never love these babies like their own famuly does. Are there problems in the FLDS communtiy, probably. Are there problems in your community.. You know the answer. Clean your own doorstep before you start sweeping someone elses.
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Haven't you heard? What you describe was basically legal in Texas not more than two years ago. The change was made in Texas law when FLDS came to town.