Apr 27, 2009
Texas Legislation Watch: Rep. Hilderbran’s Legislative Response to the Raid at Yearning for Zion Ranch
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By: Danielle Raffield | Other Posts by Danielle Raffield Go to Comments | Be the First to Comment |
The Yearning for Zion Ranch is a religious community located just outside of Eldorado in Schleicher County, Texas. It is owned by the Fundamentalist Church of Jesus Christ of Latter Day Saints. In March 2008, the YFZ Ranch received national attention when it was raided by the Texas Department of Family and Protective Services. 416 children were removed after state officials determined that they were actual or potential victims of child abuse. In May 2008, the Third Court of Appeals in Texas overturned an order appointing the Texas Department of Family and Protective Services as temporary managing conservator of the children and ruled that there was insufficient evidence showing that the children were in any immediate danger. The Texas Supreme Court upheld the ruling of the Third Court of Appeals and ordered that the children be returned home to the YFZ Ranch.
Rep. Harvey Hilderbran has filed legislation (HB 4255) during this 81st Texas Legislative session which would require courts to consider the actions of all adults in the household before determining whether the child or the alleged abuser should be the one removed from the home.
According to a press release issued by Rep. Hilderbran on March 18, 2009:
In the Eldorado incident last year, in my view we should have removed the suspected perpetrator, not the victim,” Hilderbran said. “But we have to know for sure that the remaining parent would really be protecting the child. If they are going to let the alleged abuser back in the home, then keeping the child there isn’t a viable option.”
The bill (HB 4255) follows last year’s raid on a polygamist compound in Eldorado, where over 400 children were removed from the camp amid sexual abuse allegations. The Texas Supreme Court later determined that Child Protective Services did not make all reasonable efforts to keep the children in their homes by considering an option to remove the alleged perpetrator rather than the children.
However, for many families in the Eldorado case, evidence showed that both parents were aware of the child abuse and took no reasonable steps to prevent it.
Hilderbran’s bill would modify the Family Code to state that the court may only issue an order to remove the alleged perpetrator from the home, rather than the child, if all available facts indicate that the remaining parent or guardian is likely to abide by the terms of the temporary restraining order.
According to the Texas Department of Family and Protective Services, there were numerous incidents where the parents remaining with the children were observed coaching them on what to say to DFPS staff. The continuous coaching raised concerns that the children were not providing department staff with truthful answers about the alleged abuse.
“The safety of the child should always be considered first, and we are working with the Attorney General’s office on language for the committee substitute that will ensure that,” Hilderbran said. “At the same time, we have to know that keeping the child with their parent isn’t doing them more harm than good.”
As Rep. Hilderbran stated above, HB 4255 seeks to amend the Family Code to require the parent or guardian remaining in the home after an alleged perpetrator has been removed to make a reasonable effort to monitor the home and to report any attempt by the alleged perpetrator to return home to the Texas Department of Family and Protective Services. It now appears that the parent or guardian remaining in the home will have to convince the Texas Department of Family and Protective Services that these steps will be taken. Failure to do so otherwise will most likely result in removal of the child rather than the alleged perpetrator from the home.
HB 4255 has been reported favorably out of the House Committee on Human Services. For more information about this bill, contact Rep. Hilderbran’s office at (512) 463-0536 or your local representative.
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