By Emily Ramshaw and Robert T. Garrett
Dallas Morning News
May 31, 2008
http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/
DN-polygamists_31tex.ART.State.Edition2.46552be.html
AUSTIN An agreement to reunite children removed from a West Texas polygamist ranch with their parents fell apart at the last minute on Friday, after a district judge and attorneys for the religious sect sparred over the details.
The courtroom drama followed four hours of negotiation on a plan that would've returned the youths to the Yearning for Zion ranch starting Monday, as long as their parents agreed to keep them in Texas and fully cooperate with child welfare investigations.
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| 'It is extremely disappointing to watch someone in the judicial system not be willing to stay at the table long enough to fix the problem,' sect leader Willie Jessop said after talks broke down in San Angelo. Photo by Donna McWilliam / The Associated Press |
Now, it's unclear when the children, separated from their parents for seven weeks, will go home and how soon a new compact can be reached.
Attorneys for the sect mothers said a clearly frustrated judge told them just after 6 p.m. that they should try to come to their own consensus over the weekend and that she would resume the hearing Monday.
"It is extremely disappointing to watch someone in the judicial system not be willing to stay at the table long enough to fix the problem when there are so many innocent children's lives at stake," said sect leader Willie Jessop, who said parents were hopeful all afternoon that they'd see their children on Monday.
Most of the provisions of the plan were agreeable to everyone, he said.
"How do you give up when we were so close?" Mr. Jessop asked.
More than 450 children were removed from the Fundamentalist Church of Jesus Christ of Latter Day Saints' ranch in Eldorado early last month by state officials who said they were concerned for their safety.
Friday's deliberations in the San Angelo courtroom followed Thursday's Texas Supreme Court ruling that the state didn't have enough evidence of physical or sexual abuse to take custody of the children.
The high court said the district judge who ordered the children's removal could take other steps to ensure their well-being. On Friday, Judge Barbara Walther tried to do that helping craft an agreement that required sect members and their children to submit to interviews and medical and psychiatric exams and that allowed child welfare investigators access to the ranch.
But attorneys for the families balked at Judge Walther's efforts to give state child welfare workers more authority and put more restrictions on the parents.
The agreement, as first offered by CPS attorneys, required families to remain within Texas, demanded identification to claim children and forced adults to take parenting classes. It set aside daytime hours when child welfare workers could visit the ranch unannounced. The agreement would have remained in effect until Aug. 31, giving state investigators a fast-approaching deadline to wrap up their abuse cases.
By day's end, and with Judge Walther's input, the order appeared stronger. It gave child welfare officials broader authority to enter the ranch whenever they desired and to move children off-site for interviews. The judge also removed any timeline for completing the investigations.
Attorneys for the FLDS families said they were trying to alter some of these provisions when Judge Walther ended the hearing.
Patrick Crimmins, a spokesman for the Texas Department of Family and Protective Services, confirmed that no agreement was reached Friday and said the agency would keep working with sect families.
"Today, Judge Walther asked that we continue to finalize this plan together to ensure the prompt and orderly return of the children," he said.
rtgarrett@dallasnews.com;
eramshaw@dallasnews.com
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