Children will stay in state custody for now

Published: Friday, April 18, 2008 7:47 p.m. MDT
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SAN ANGELO, Texas — A Texas judge ruled Friday evening that all of the 416 children taken from the YFZ Ranch will remain in temporary state custody.

The ruling followed a marathon two-day hearing that included hundreds of lawyers.

Following the ruling, the sadness in the eyes of the children's mothers spoke volumes about their disappointment.

"It's awful," said one mother leaving the courtroom. "Why don't people stand up and say something about this?"

Another mother, echoing that sentiment, said, "This is ridiculous."

Rod Parker, an attorney who is serving as the FLDS spokesman, said that he could not believe that the children would continue to be held.

"There is no way that the state's theory that children would be indoctrinated satisfies the statutory standard of an imminent and urgent danger," he said. "I don't think an infant is going to be indoctrinated within the next 60 days," when another hearing will be held.

Even if the state had questions about some of the children, such as teenage girls, he questioned why others could not return home.

"You can't point to a single male who has ever been sexually abused," he said. "Why don't they let them go home?"

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He also disputed the state's argument that they were not pursuing the case on religious grounds.

"This is all about religion. No thinking person could believe CPS's assertion that it is not about religion," he said. "The evidence they presented about doctrine, beliefs and lifestyle" demonstrate that it is their main focus.

During earlier testimony Friday, a 29-year-old polygamist mother testified today that she would be willing to do anything the court required if she could regain custody of her 7-year-old daughter.

Merilyn Jeffs told the court she would be willing to leave the YFZ Ranch and is capable of supporting herself, if that is what it takes to be reunited with Marva. Under questioning by her attorney, Merilyn Jeffs, who was born in Utah, said she would never allow her daughter to be married until she reached the age of 18.

For herself, she did not marry until age 20 and was "absolutely not" coerced into the union.

Under cross-examination by the state's attorney, Merilyn Jeffs' answers became measured and slow, and were given with some reluctance. Although she testified that she has a 19-year-old sister who is married, she said she didn't know when the marriage took place.

When the attorney asked if she knew how her sister was married, she replied, "After it's done, they come and we congratulate them."

When asked the age of her sister's baby, she said, "I estimate two." She also said she has another married sister who "I believe she is 18."

It is the ambiguity of facts like these that has state child welfare officials concerned regarding the monumental task of sifting through information about FLDS families to determine when or if it is appropriate to be reunited.

Recent comments

Home of the free.

don | April 28, 2008 at 8:23 p.m.

But who is next? If they can remove children for being "potentially...

Julie | April 20, 2008 at 10:11 p.m.

The FubarLDS have had ample warning to modify their practices to...

Dougway | April 19, 2008 at 10:49 a.m.

FLDS women walk out of the Tom Green County Court House after Judge Barbara Walther made the ruling for the state to keep custody of 416 children taken from Yearning for Zion Ranch. (Tim Hussin, Deseret News)
Tim Hussin, Deseret News
FLDS women walk out of the Tom Green County Court House after Judge Barbara Walther made the ruling for the state to keep custody of 416 children taken from Yearning for Zion Ranch.