Yearning for Zion Ranch (FLDS) Cases

Events Leading Up to Raid

On March 29, 2008 a child protective services hotline received a call from a 16-year-old girl stating that she had been beaten and raped by her husband and was pregnant with her second child at the Yearning for Zion Ranch, a community of between 500 and 1000 members of the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS) near Eldorado, Texas. Initially refused entry, Texas law enforcement and child welfare investigators obtained a warrant, raided the compound and removed 416 children on suspicion of being abused or under the threat of abuse or neglect.

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The Trial

The Texas Department of Family and Protective Services was named temporary managing conservator of the children subject of a number of cases under Judge Barbara Walther in the 51st Judicial District Court of Schleicher County, Texas. April 18, 2008: Judge Barbara Walther ruled that the children be taken into protective custody.

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Texas 3rd Court of Appeals Overturned Walther’s Decision

On May 22, 2008, Judge Walther’s decision was overturned by the Texas 3rd Court of Appeals, which ruled that there was not enough evidence that the children were in any immediate danger.

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Texas 3rd Court of Appeals Decisions:

Texas Supreme Court Affirms

Child Protective Services (CPS) appealed the ruling to the Texas Supreme Court; however, the Texas Supreme Court upheld the decision made by the Appeals Court and ordered that the children be returned home. Indeed, Ellen Marrus, co-director of the Center for Children, Law and Policy at the University of Houston, said, “If you want to make any change . . . it has to go case by case, one child at a time. It’s going to be very slow.”

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Return of the Children to their Parents

By June 4, 2008, every child in state custody has been picked up by their guardians although few have returned to the ranch. On June 5, 2008, Texas Governor Rick Perry announced his support of CPS’ actions in taking the children despite Texas court rulings that CPS had stepped over the line in its actions. He said, “I am substantially less interested in these fine legal lines that we’re discussing than I am about these children’s welfare; that’s where my focus is. That’s where CPS’ focus is.”

It was reported on June 10, 2008, that one FLDS family had succeeded in getting a temporary restraining order issued on CPS. This order would result in temporarily halting CPS’ investigation. Judge Martha Tanner of the 166th District Court said, “I am not going to allow CPS or any other agency to interfere with parents in this state.” The state has announced it will appeal the decision.

Potential Charges of FLDS Individuals

It was announced on June 3, 2008, that 16 year old Teresa Jeffs alleged that she was a victim of sexual abuse. Her father is former FLDS leader Warren Jeffs, who was sentenced last November in Utah to 10 years to life in prison for forcing a 14-year-old girl to marry her 19-year-old cousin and to submit to sexual relations against her will. (A Mohave County Superior Court Judge ruled recently that the charges of incest he has been accused of do not apply in his case because the law only applies if both participants are over the age of 18.) However, a June 23 article reported that the girl denies the abuse happened, implying that her lawyer, Natalie Malonis, fabricated these accusations.

On July 22, the Houston Chronicle reported that a Texas grand jury is considering indicting members of the FLDS on charges of child abuse. Several members of the church arrived in El Dorado on July 22 to testify before the grand jury.

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