June 2, 2008, 11:12AM
Texas judge orders return of polygamist group's children
By TERRI LANGFORD
Copyright 2008 Houston Chronicle
A judge approved the release this morning of nearly 450 children from foster care, ending a public, two-month impasse between members of a polygamist church and Texas Child Protective Services over where the children should live while the agency continues investigating child abuse allegations.
State District Judge Barbara Walther signed an agreement that was hammered out over the weekend between about 20 attorneys for CPS and the parents who belong to the Fundamentalist Church of Jesus Christ of Latter Day Saints.
Walther, the same judge who ordered the children into foster care nearly two months ago, made the decision after the Texas Supreme Court last week sided with the 3rd Texas Court of Appeals that CPS could have taken other actions before resorting to removal of the children from FLDS' ranch in West Texas.
Release of the children was to begin at 10 a.m. today, but the judge's actions, although anticipated, were not expected to come so quickly. CPS officials, foster care workers and even parents were caught off-guard.
The children were dispersed among 19 foster care facilities across the state, including one in northwest Harris County and another in Liverpool, a small town in Brazoria County.
Walther's ruling also orders FLDS parents to participate in parenting classes and not to interfere with any ongoing investigations. It also allows CPS to make unnannounced visits — from 8 a.m. to 8 p.m. — to the FLDS' Yearning For Zion Ranch north of Eldorado, to check on the children.
All children will be photographed, along with their parents, who also must sign affidavits about where the children are going before the children are released back to family members.
CPS officials will continue to investigate allegations of abuse, particularly that underage girls were forced into "spirtual marriages" with adult men.
The FLDS, which broke from the Mormon church more than a century ago, practices polygamy. The state of Texas' parallel criminal investigation also is continuing.
More than 460 FLDS children were removed on April 4 and 5 from the ranch after a caller, claiming to be an abused 16-year-old wife of one of the church members, contacted a women's shelter in San Angelo.
While the call now is thought to have been a hoax, CPS investigators maintain they uncovered proof that children were being sexually and physically abused, justifying the removal of all of the children.
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