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  Bill Proposes Harsher Penalties for Child Abuse

Daily Texan
April 15, 2009

http://www.dailytexanonline.com/bill-proposes-harsher-penalties-for-child-abuse-1.1715548

In response to last year's controversy at a West Texas polygamist ranch, state Rep. Harvey Hilderbran, R-Kerrville, proposed a bill Tuesday that would make child abuse a Class A misdemeanor and send repeated offenders to state jail.

Last April, the state took custody of 468 children from the Yearning for Zion ranch in Eldorado, owned by members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints. The Supreme Court of Texas upheld a ruling from the Third Court of Appeals last May to revoke the custody order on unproven grounds of physical and sexual abuse.

Hilderbran's bill would also clarify when Child Protection Services should remove suspected perpetrators, rather than children, from a home. Perpetrators would be removed only if there is evidence that the parent who would remain at home, would monitor the residence and report any attempt by the perpetrator to return.

"The safety of children is paramount, and that is our first priority," Hilderbran said.

The House Human Services Committee also heard testimony on the state's response to allegations of child abuse at the ranch last year.

Willie Jessop, a member of the fundamentalist church who spoke on his own behalf and not on behalf of the church, said a policy for regulating underage marriage has always been in place in the church. Hilderbran's proposed bill attacked a specific group's way of life, Jessop added.

"If you're not a lawbreaker, let's go pass new laws that make you a lawbreaker and make it difficult for you to live," he said.

The case began with a report of a 15-year-old girl living on the ranch who called a family help hot line on March 30, 2008 claiming she had been physically and sexually abused, said Anne Heiligenstein, commissioner of the Department of Family and Protective Services.

Investigators arrived at the ranch on April 3 and found journal entries detailing repeated sexual abuse of girls, saw pregnant children and discovered records and marriage photos of 12- and 13-year-old girls married to men who were several decades older.

"Out of 43 girls from 12 to 17 years old, there were 12 confirmed cases of sexual abuse," Heiligenstein said. "One girl told a Child Protection Services worker that no age is too young to get married."

Just, 18 girls were removed from the ranch until it was decided that all the children should be removed to ensure their safety, Heiligenstein said.

"Nothing could have prepared our staff for what happened last year," Heiligenstein said.

"When the first investigation group went to the ranch, they thought there were only 100 to 150 residents, not over 500."

Scott McCown, executive director of the Center for Public Policy Priorities, said the case proved to be much more complex than anyone had imagined and that there were not enough resources to deal with it.

"Child Protection Services asked for too much, so it got too little," McCown said. "I'm not critical of how they acted, however, because they made decisions quickly and didn't realize that so many children were involved. They had an almost impossible task because teenagers are the most difficult age group to work with no matter the issue, and the children on the ranch had grown up with the idea that underage marriage is acceptable. They wouldn't answer questions or admit to being abused."

McCown defended the state's actions, saying that though it is necessary to be sensitive to different religions, a state should not stop protecting a child because of a deeply held religious view.

"The children on the ranch are Texas citizens and deserve the same protection as every other Texan," McCown said.

When state Rep. Drew Darby, R-San Angelo, asked for Jessop's word that similar cases would not happen again within the church, Jessop replied that they wouldn't.

"I don't know what authority Jessop has because he said he is speaking for himself," said Susan Hays, an attorney from Dallas who has experience in child abuse cases. "If he said the church will not perform any more underage marriages, it means nothing."

 
 

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