Court Is Out Of Order- Sect Children Should Not Have Been Removed

       In Texas, an appeals court overruled the state’s decision to remove the children of the sect, Fundamentalist Church of Jesus Christ of Latter Day Saints.  The appeals court has found that the CPS department had not proven evidence of immediate danger of physical health or safety of children who had not reached puberty.  The court also said that their beliefs, in and of themselves, did not place children in danger of abuse.

          This is a victory for the 41 mothers who brought the suit against the state for removing their children.  Initially, the state had said that 31 of the mothers were under the age of 18.  It has since been determined that 15 of that 31 are OVER the age of 18.  What that means, for the other mothers, isn’t clear.

        Does this mean that the children will be returned back to their families?  No one seems to know for sure.  The ruling is being reviewed.  It is possible that the 450 children who were removed; could be removed from temporary foster care and returned to their families. 

          No one really seems to mention the fathers.  It is almost as if by accusing some of the fathers of sexually abusing young women…they all are guilty by association.  This is wrong.  Damage has been done to “whole” families…some of them may even be “INNOCENT”. 

          Part of the problem here is that in America, we are supposed to be considered innocent until proven guilty.  That didn’t really happen here.  Truthfully, children need to be protected.  However, in “protecting” them…the system damaged others.  This whole case is disturbing.  Allegations that can be proven true, of abuse, are horrendous…and should be prosecuted.  Those who were under suspicion and are proven to be innocent have been done a great injustice.

          The mothers had been represented by the Texas Rio Grande Legal Aid.  TRLA is a non-profit organization.  They help people, in southwestern Texas, with low income to receive legal services.  http://www.trla.org/   TRLA has been instrumental in helping these mothers to find a pathway to once again regain custody.  Update 5-23-08  Today it was announced that the state of Texas child welfare officials will appeal this landmark decision.  In a notification to the court the state says that a motion will be filed later today!   Keep watching to see what happens….as the outcome will surely define the limits or lack of limits on the department of child welfare that the courts will enforce.  This affects us all!!! 

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Was The Abuse Report Based On a Lie-Church Of Latter Day Saints Sect

        There have been reports allegedly linking a woman from Colorado, to the reports of abuse in the case of young woman and children in the Texas sect of Fundalmentalist Church of  Jesus Christ of Latter Day Saints who practice polygamy.  This same woman, Rozita Swinton, has been accused of filing false reports as recently as April 16 in another case.

          The problem is…the supposed victim that called in the report…is missing; if she exists at all.  Now, all of these young woman and children/teens have been removed and seperated from their families and many have been placed into foster care.  Is all of this trauma for naught? 

           Legally, if they can’t find the alledged victim…is there even a case?  And obviously, if there are cases of young woman who are forced or coerced into marriage with adult husbands before they are 18 years of age and are having babies…that is against the law.  So, what if all of these children go through this removal and seperation only to have the case thrown out….this is a terrible cost…all of this emotional damage.

          Will the legality of this whole intervention be challenged?  What will happen to the women and children who have been put in this horrible circumstance.  Will they find the help they need to go on and live a normal life?  What about all of the children in foster care…will they be reunited with appropriate family members?

           Even if it is proven that this woman Rozita Swinton lied and had no knowledge of actual abuse…will those same young woman and children be protected from further “real” sexual and emotional abuse?  Things to think about here, definately.

       

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