SAN ANGELO, Tex., May 30, 2008

Sect Case Judge Won't Sign Reunion Order

Court Refuses To Sign Agreement To Reunite Polygamist Sect Parents With Children

  • Play CBS Video Video Polygamist Sect Case Unclear

    It remains unclear whether anxious parents from the polygamist sect compound in El Dorado will re-obtain custody of their children. Hari Sreenivasan reports from Texas.

  • Martha Emack, one of the parents from from the Yearning For Zion Ranch at Eldorado, Texas, approaches a news conference outside the Texas Capitol Thursday, May 29, 2008, in Austin, Texas. It was after the Texas Supreme Court ruled that child welfare officials overstepped their authority and the children from a polygamist sect's ranch should go back to their parents. Photo

    Martha Emack, one of the parents from from the Yearning For Zion Ranch at Eldorado, Texas, approaches a news conference outside the Texas Capitol Thursday, May 29, 2008, in Austin, Texas. It was after the Texas Supreme Court ruled that child welfare officials overstepped their authority and the children from a polygamist sect's ranch should go back to their parents.  (AP Photo/Harry Cabluck)

  • Photo Essay Separation Anxiety

    Some mothers in polygamist sect separated from children as part of abuse investigation.

  • Photo Essay Polygamist Compound Raid

    Secret calls from alleged abuse victim lead to raid of religious sect's compound.

(CBS/ AP)  In a surprise move, the Texas Supreme Court judge in the polygamist sect child custody case refused to sign the order releasing the children until after all the lawyers and their clients could agree on it, reports CBS News correspondent Hari Sreenivasan.

Anxious members of the El Dorado polygamist sect came to court Friday with hopes of being reunited with their children, who were taken from the Yearning for Zion Ranch by the state's Child Protective Services nearly two months ago. The agreement would have returned more than 400 children to their parents by the end of next week.

But the court set preconditions for the children's release, including:

  • Parents must be photographed when they pick up their child.

  • Parents must agree to unannounced home visits as Child Protective Services continues to investigate sexual abuse.

  • Children cannot leave the state of Texas or even travel 60 miles without permission.

    And not all the children would be allowed to go home, as lawyers expect Child Protective Services to keep custody of a handful of girls that they believe were younger than the legal age of 16 when they married or became pregnant.

    "It appears to be a fair compromise to me," said Court Coordinator Guy Choate. "I mean, the children are going back … that's what everyone said they wanted. Everyone said they wanted the child not to be injured, not to be harmed, not to be subject to child sexual abuse. If you take everyone at their word this order will ensure that occurs."

    Several lawyers pleaded with the court to reunite the kids this weekend, but the court said it was better to take the time, and get everything done right - putting the reunions on hold.

    The key investigation now appears focused on Warren Jeffs, the imprisoned leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints. An affidavit filed in Arizona charges that Jeffs married two 12-year-old girls and two 14-year-old girls before his arrest two years ago.


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    Add a Comment See all 143 Comments
    by michellem99-2009 May 30, 2008 9:42 PM PDT
    SIGN THE ORDER..PARENTS HAVE RIGHTS.
    Reply to this comment
    by joe1022joe May 30, 2008 9:43 PM PDT
    Texas District Judge Barbara Walther is the culprit. She wants to tell these parents where they can go, when they can go, and how to rear their children. The Texas Court of Appeals should sanction her. She is way too big for her -- skirt.
    Reply to this comment
    by wogerwabbit May 30, 2008 9:43 PM PDT
    A liberal activist judge, no doubt.
    Reply to this comment
    by truthalways May 30, 2008 9:44 PM PDT
    Judge walter is upset that the appellate and supreme court stepped over her...she still won''t admit her mistake of allowing cps to abuse power, when taking all these kids without reasons...I do agree that the handful of underage mothers and pregnant girls should be kept under state custody though, and charges against the abusers shoukd be filed...thus freeing the other girls from such abusers...

    but unannounced visits by cps and not allowing the the parents to take the kids anywhere without permission, is totally controlling and an abuse of power...it''s seems like a form of vindication from judge walter...she is sure a weird woman to want to play that game of keeping these kids more days away from their moms...bring the kids right away, since they have to bring them back anyway!!!
    Reply to this comment
    by blazercoach1 May 30, 2008 9:50 PM PDT
    And in other news, they found a South American tribe untouched by "civilization". And the whole point is to KEEP them untouched.

    Why don''t we go and take all of their children away until we can verify that all of the mothers were over 18 when married or impregnated? Do any of the children have bruises? And if those men have more than one wife we just HAVE to intervene don''t we?

    (If you''re not smart enough to detect sarcasm, please don''t reply)
    Reply to this comment
    by rafterman1 May 30, 2008 9:56 PM PDT
    ===A liberal activist judge, no doubt.===
    Posted by WogerWabbit

    In Texas? Yeah, right.
    Reply to this comment
    by millerjq May 30, 2008 10:02 PM PDT
    LIBERAL NAZIS. HMMM!
    Reply to this comment
    by kevboom May 30, 2008 10:10 PM PDT
    Love the hair ladies!
    Reply to this comment
    by nolalou May 30, 2008 10:28 PM PDT
    A liberal activist judge, no doubt. A liberal activist judge, no doubt. Posted by WogerWabbit

    This is Texas we''re talking about, not exaclty a hotbed of liberalism! Sorry, but you can''t blame everyething on ''Liberals'' !
    Reply to this comment
    by nicstepro May 30, 2008 10:30 PM PDT
    One word : DISGUSTING!

    can you imagine the outcry if CPS swooped down into public housing areas and took every underage pregnant girl into custody...

    ladies- sign the order, then escape in the night. you live in a police state
    Reply to this comment
    by bhrater-2009 May 30, 2008 10:39 PM PDT
    What has this got to do with liberals, do republicans think that underage *** is OK!
    Most don''t, have you heard of family values?
    That means protecting children?
    Yes CPS didn''t do the job very well, but stop the liberal rant and get a life?
    Reply to this comment
    by andrewsac May 30, 2008 11:02 PM PDT
    So, it''s alright to marry off underage girls to old men, many of whom have three or four (or more) wives? How about telling them they will burn in hell forever if they don''t go along with this, or if they dare to want to venture out of this "prison"? Remember, these people went to Texas to keep young girls from wanting to leave the compound. But not only that, immediately after your wedding, you are forced into *** in your own church? Why don''t they just spread her legs right there at the alter and save time?
    What about all of the young men who are forced out of this "cult" when they are teens themselves, so there is less competition for brides? Where do you go when your family turns you out, and you have no skills or education to live in the outside world?One of you got something right - I''m looking at a police state, and it isn''t just our government, it''s also this cult. Anyone who sees a sixteen year-old (or younger) as a *** object is sick. Haven''t any of you seen Predator Raw? They lock folks up, just for talking about doing this.
    This is not an attack on religion. This is a cult that seeks special treatment under the law for something that many states do not tolerate. A minor cannot consent to ***, under any circumstances, ever. Religion is not supposed to harm people. But for cults, it is all about control over others, mostly through terror, fear, and brute force. Enough. Texas was right to do this. At least this cult knows that the eyes of Texas are finally upon them.
    Reply to this comment
    by joe1022joe May 30, 2008 11:20 PM PDT
    Is the issue underage girls having babies or is it underage girls having *** or -- what? Is it OK for publically financed housing developments to be rife with underage girls who are engaged in both *** and having babies? Aren''t all the families who live in a public housing block when of the same race and the same religious orientation (Protestant) in the same situation as these folks? Oh, yes - the males having *** with the public housing development girls don''t marry them. I''m sure that must be better.
    Reply to this comment
    by messiahx4eve May 30, 2008 11:40 PM PDT
    Ah texass, "STUPIDITY the religion, IGNORANCE the way of life" home of presidents, including STINKY B, the chimp in charge. Just another piece of Arkansas property for the overflow.
    Reply to this comment
    by floydzeppl May 30, 2008 11:56 PM PDT
    Ah texass, "STUPIDITY the religion, IGNORANCE the way of life" home of presidents, including STINKY B, the chimp in charge. Just another piece of Arkansas property for the overflow.

    Posted by messiahx4eve at 11:40 PM : May 30, 2008
    -----------

    2nd only to Ohio.
    Reply to this comment
    by faustinah May 30, 2008 11:56 PM PDT
    For their god''s sake, give the children back to their parents. At least to their brainwashed mothers.
    Reply to this comment
    by faustinah May 30, 2008 11:58 PM PDT
    Men are just disgusting.
    Reply to this comment
    by beehive21-2009 May 31, 2008 12:08 AM PDT
    The State of Texas has gone commie,put the judge in jail with the rest of his commies.
    Reply to this comment
    by marcpcbs May 31, 2008 12:11 AM PDT
    These cultist can dress up as funny as they want to and swear allegiance to 50 religions and it''s still illegal to rape kids in the USA.
    Reply to this comment
    by sspaur May 31, 2008 12:22 AM PDT
    I bet the judge was one that voted against giving the kid back. time to get her off the bench. and i agree lets go to any city in Texas an look for all the underage girls that are pregnant and put them in foster care. The officials with CPS should be arrested and removed from their jobs, since they pick and choose which kids need to be protected. By the way last time I checked marriages that are reconized in the communist state of Texas has to get a licence to get married. I''m sure the marriages in question are not regonized by Texas (as to the letter of the law)
    Reply to this comment
    by joe1022joe May 31, 2008 12:44 AM PDT
    Folks, don''t look now, but the same legal logic that is currently being used to convince activist judges to make up the law as they go along and legalize homosexual marriage is the very same legal logic that will cause polygamous marriage to be legalized next. You can''t legalize one without legalizing the other.
    Reply to this comment
    by irliberal May 31, 2008 1:00 AM PDT
    Folks, don''''t look now, but the same legal logic that is currently being used to convince activist judges to make up the law as they go along and legalize homosexual marriage is the very same legal logic that will cause polygamous marriage to be legalized next. You can''''t legalize one without legalizing the other.

    Posted by joe1022joe at 12:44 AM

    Folks, don''t look now, but joe1022joe is a partistan bigot with an agenda of hatred against gay and lesbian people. You can''t enshrine discrimination in a constitution, it violates the entire purpose of the document that is so very important to every American.
    Reply to this comment
    by messiahx4eve May 31, 2008 1:04 AM PDT
    What part of Ohio do you hail from FloydZeppl?
    Reply to this comment
    by bob48tech May 31, 2008 1:58 AM PDT
    What concerns me is the rising tide of activist judges in America ! Legislating their will from the bench and skirting around congress. I have NO respect for communism. We are slowly entering martial law or a police state along with a dictatorship.
    Reply to this comment
    by naucoming4u May 31, 2008 2:13 AM PDT
    Is it against the FLDS rules for the women to have a hair style and clothing that doesn''t scream 80s?!
    Reply to this comment
    by haoli25 May 31, 2008 2:33 AM PDT
    If Texas won''t lock up all of the illegals, then they should just let the Stepford children and Stepford wives go.
    Reply to this comment
    by akakjb May 31, 2008 2:38 AM PDT
    I may not agree with the sect''s beliefs but the initial call that reported the alleged abuse has been shown to be a hoax. Family Services are clutching at straws trying to tie this in to Warren Jeffs or anyone else so they won''t go down as having blown the biggest child welfare case in history. Meanwhile, hundreds of kids in Texas are probably going hungry, getting the snot beat out of them or God-knows-what while these morons keep arguing about who can do what, where they can do it and whom they may do it with. If there are no signs of abuse (and so far, there have been none reported), ship the kids back home and keep an eye on things. All the court and Family Services are succeeding in doing right now is to make themselves look exactly how the cult leaders portray them to their followers; evil people who will stop at nothing to keep them from their brand of ''faith''.
    Reply to this comment
    by MagmaiKG May 31, 2008 2:43 AM PDT
    No sober person could authorized the removal of an entire community''s children. CPS capitalized on the polygamy freak-factor and intentionally went over-board so that later they could "lose" in court and have to send back "most" of the kids instead of losing in court and having to send back the 2 girls (out of ~400) that might actually be in danger.

    Seriously consider what would happen if they removed an entire /neighborhood/ of kids near where you live?
    Riots. Bloodshed. Rebellion. It would be /war/ here.

    The various CPS organizations, as demonstrated in this case, routinely abuse their power.

    CPS is a government organization that gets paid by case-load to take children from their parents.
    There''s no reason for these organizations to exist.
    If a parent commits a crime against their children the police can handle it.
    CPS was created because police require things like evidence and warrants to enter your home and take your kids.
    CPS considers random crank calls and made-up stories evidence.

    Vote to de-fund them.
    Waste of time, money, & effort on top of being evil.
    Reply to this comment
    by ruby0728 May 31, 2008 2:56 AM PDT
    pathetic bunch...the adults are beyond disgusting. feel sorry for the kids...stepford bimbo moms fornicating with so called men who have fathered innumerable kids...way to go brainiacs.
    Reply to this comment
    by Marie Zarankevich May 31, 2008 3:13 AM PDT
    joe1022joe -- It is one thing for a young girl to behave in a precocious manner, and have $ex before she is legally supposed to. -- It is quite another for her to be forced to have $ex with someone not of her own choosing before she is of legal age, or of any age. -- That is actually called rape, and is against the law in most of America. -- Men are NOT legally entitled to demand $ex from women, girls, boys, or anyone. -- Just because they want it does not mean they are entitled to it. -- Got it yet?
    Reply to this comment
    by soshljustic May 31, 2008 3:14 AM PDT
    I am all for what the judge and CPS is doing. Isolation is inhumane and torturous.Keeping kids penned in a compound and refusing them experience in the larger world around them,or scaring them anxious about it, is blatently against their rights as human beings and citizens. Also against those human beings rights is the total indoctrination and potential for coercion into illeagal marriage and intercourse as minors for the pleasure,slavery potential,and confirmation bias of a ideology. If choosing to break from this dysfunctional upbringing, or forced out, it will be the social service system and the tax payer which bears the cost of the damage at that time. Children are not ownership material of the groins that birthed them, as it takes not only a village but a nation and many taxpayers many years to repair unintentioned harm done by well-meaning but short sighted parents. Look around and see the fruits of such problems and the failing public social systems funding problems because of the ideal that children are owned, rather than having their own Constitutional rights of freedom of indoctrination into slavery or other forms of coerced illegal behaviors in underage marriages and climbing the holy ladder to heaven thru perverse social intercourse as trained animals to satisfy the confirmation theist bias in a almost sacrificial manner.Of course the parents who love them will be happy to comply...if they truly love their kids and are not using them as current-day sacrificial tools.
    Reply to this comment
    by homespunlady May 31, 2008 3:45 AM PDT
    I''m amazed and appalled a the double standard hypocrisy of it all.

    Whatever happened to COMMON SENSE in this country?

    Some WHACK JOB in Colorado Springs calls a Denver Shelter and is coached by a "former member" in Denver who "amazingly escaped" which PROVES that LEAVING is NOT all that "impossible".

    The Whack Job then goes on and makes FALSE ACCUSATIONS using the information provided to her and that wild accusation IS NOT CHECKED BEFORE Texas CPS JUMPS to ASSumptions and runs a very costly to the taxpayer HEAVILY ARMED Nazi style "ROUNDUP" and MASS DETENTION in ARENAS.

    Because they DIDN"T THINK, PLAN beyond the unverified KNEE-JERK WITCH-HUNT or even CONSIDER ALL the possible CONSEQUENCES of THEIR actions the taxpayers of Texas WILL be "footing the bill" on this one to the tune of MILLIONS and more with the LOSS of TRUST AND RESPECT in that CPS system probably at an ALL TIME HIGH now.

    This kind of Knee-Jerk "righteous cause" BASED ON LIES is EXACTLY WHY this nation is QUAGMIRED and going BANKRUPT in Iraq.
    Reply to this comment
    by May 31, 2008 4:06 AM PDT
    It was done wrong for all the right reasons. That is life.
    Reply to this comment
    by homespunlady May 31, 2008 4:10 AM PDT
    At least the Texas Justice system ABOVE the ONE knee-jerk GULLIBLE "ACTIVIST JUDGE" was capable of READING the STATUTES concerning what needed to be done and FOLLOW THEM rather than MAKING IT UP as they go.

    There GOES HER probable POLITICAL AMBITIONS - ONLY FOOLS RUSH IN - based on LIES - without clear thought and COMMON SENSE!

    But then again, she''s "hanging in there" Hillary style trying to PROVE her MISTAKE wasn''t one by NITPICKING EVERY LAST LOOPHOLE.

    Maybe that ONE JUDGE and the FEAR-MONGERS that ENCOURAGED AND "EMBELLISHED the TRUTH" with subsequently DISPROVED LIES should CONSIDER the CONSEQUENCES of RASH DECISIONS BEFORE trying to reenact the wartime "roundups" of the Japanese that resulted in the US having to APOLOGIZE and PAY REPARATIONS decades later.

    From what I''ve read - the Native Americans are STILL WAITING for their "fair treatment" after their horrific treatment by the SELF-Righteous "CRUSADERS" of this nation.
    Reply to this comment
    by nonayabiness May 31, 2008 5:14 AM PDT
    I see a bit of speak here about "how would you like it if CPS took all the kids out of your own community." That''s not the same. Most people live under separate rooves. While there is sometimes a bad apple in the bunch, most American citizens try to live a good, honest life. Most are not a religious cult, separated from the rest of society under the guise of slavery and servitude to one man claiming to be a prophet who takes 12 year old brides and such.
    Reply to this comment
    by poopus123 May 31, 2008 5:15 AM PDT
    Does anyone really care about this story?
    Reply to this comment
    by summarex May 31, 2008 6:22 AM PDT
    GET YOUR FACTYS STRAIGHT CBS

    It''s not the suprenme court judge refusing to sign anything. It''s that lower court judge Barbara Walthers who is stalling things. She shoulb be removed from that case, disbarred and jailed. How do animals like this get judgeships in the first place?
    Reply to this comment
    by mcvet May 31, 2008 7:37 AM PDT
    GET YOUR FACTYS STRAIGHT CBS

    It''''''''s not the suprenme court judge refusing to sign anything. It''''''''s that lower court judge Barbara Walthers who is stalling things. She shoulb be removed from that case, disbarred and jailed. How do animals like this get judgeships in the first place?


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    Posted by summarex

    BECAUSE?? I can''t say as I blame anyone for having doubts about returning these kids to THIS enviroment. Have you LOOKED and LISTENED to these ROBOTS? Can you imagine growning up in such an enviroment. Independent thought is a pipe dream in this group.
    Reply to this comment
    by joe1022joe May 31, 2008 7:47 AM PDT
    The State of Texas had no "probable cause" to enter the compound initially. This was a violation of their constitutional rights. Any evidence found in this compound after the illegal entry by the state is almost certainly inadmissible in any criminal prosecution as "fruit of the poisonous tree."
    Reply to this comment
    by dowjones20k May 31, 2008 7:55 AM PDT
    Glad the courts straightened this out ....

    felt CPS was a little overzealous ...

    This is a twisted little cult and you cant hide behind religion when your molesting/raping young
    teens ...

    The parents of these kids should really do some soul searching ... WOW!! We thought Jim Jones was a kook?
    Reply to this comment
    by joe1022joe May 31, 2008 8:02 AM PDT
    Some of the comments on this site demostrate why constitutional protections are necessary. Minorities need protection and the Texas Supremes are giving it to these families. The fact that some members of the public don''t like the way these folks live and are prepared to persecute them for living in their chosen way is just the sort of thing from which the constitution was designed to protect minorities. Well settled law in every state in the union permits parents to rear their children as the parents see fit. By the way, the same legal logic, the very same legal logic, that is being used right now to legalize homosexual marriage is the logic that will be used to legalize polygamous marriage. If homosexual marriage is finally legalized, get ready for the inevitible legalization of polygamous marriage.
    Reply to this comment
    by tootall10142 May 31, 2008 8:15 AM PDT
    In response to joe 122 joe, you are probably right however the the pimps will be better dressed this coming season in response to the new laws they will need to appeal to a BROADER market.
    Reply to this comment
    by sistatee-2009 May 31, 2008 8:20 AM PDT
    The only thing worse than placing the kids back into the cult, would be to leave them with the state.
    Reply to this comment
    by gocubs58 May 31, 2008 8:35 AM PDT
    This is kidnapping, pure and simple.
    Reply to this comment
    by esyrdr413 May 31, 2008 8:41 AM PDT
    I have read some of the unbeleivable comments,evidently, a lot of you think its ok for an adult to molest a child!Where I live its against the LAW!People hide behind a cult,and call it religous freedom (BULLCHIT), so they can be child predators.
    Reply to this comment
    by joe1022joe May 31, 2008 8:43 AM PDT
    The families are not "stuck with" this judge. Next week the Texas Appeals Court is likely to either: 1) order her to stop trying to impose her restrictions on this matter or 2) remove her from this case. In no event will the appeals court permit a lower court judge to flaunt its decisions. Next week we won''t have to speculate about this.
    Reply to this comment
    by alexma50085 May 31, 2008 8:51 AM PDT
    Polygamy isn''t for everyone, but maybe if we would legalize it, we would be able to catch the sick perverts that try and marry 13 year old girls. People have different preferences on marriage, we need to get out of this "We are a Christian Country" mind-set, and realize that there are people in this country that aren''t christian and they have their rights too.
    Reply to this comment
    by kirt4esther May 31, 2008 8:53 AM PDT
    I''m all for protecting children from harm - but 400+ ?!

    Typical knee-jerk reaction without any investigation!

    Government sanctioned kidnapping!

    So, when will we see a swastika flying above the White House?!
    Reply to this comment
    by kennedy7955 May 31, 2008 8:59 AM PDT
    Texas took 400 kids away from their families without due process. Maybe they had proof on a half dozen but certainly not 400. The recent decision to return all the kids proves that due process was not carried out.

    Also, while these kids may have a strange life in the sect - you wouldn''t need to look very far to see similar or worse circumstances across the country. If the government was to investigate the lives of children of convicted criminals, they would find a great many children living in unfit conditions which would require taking these kids. Imagine the government rounding up millions of kids when they can''t properly take 400.

    I believe the 400 kids were rounded up for political gain which went terribly wrong for all including the instigators. The bargaining with the courts for the release of the kids is just the State trying to save face. I will bet that in the future a court will rule not only taking the children was wrong but that procedures preventing travel and other forms of blackmail will be found illegal.

    The cost to the taxpayer for the debacle is already in the millions and will be hundreds of millions when lawsuits are brought against the state. Expect huge settlements from Texas in the future and a sect with huge amounts of cash and power.

    Our stupid, stupid government...
    Reply to this comment
    by esyrdr413 May 31, 2008 9:12 AM PDT
    If you think it''s ok to have a 50 yr. old man hump a 12 yr. old child, send yr. kids there to live!Sick
    demented comments for this horrendous CULT!
    Reply to this comment
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