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Polygamist sect to sue government officials over raid



 
 
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Old June 11th 08, 04:16 PM posted to alt.support.child-protective-services,alt.support.foster-parents,alt.dads-rights.unmoderated,alt.parenting.spanking
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Default Polygamist sect to sue government officials over raid

Polygamist sect to sue government officials over raid
By BILL HANNA
Star-Telegram staff writer

http://www.star-telegram.com/275/story/693313.html


The attorney for the Fundamentalist Church of Jesus Christ of Latter Day
Saints said Tuesday that the polygamist sect intends to sue state and
county officials over the April 3 raid on the Yearning for Zion Ranch
near Eldorado.

Rod Parker, the Salt Lake City-based attorney for the FLDS, wouldn't say
when a lawsuit will be filed but says the sect's lawyers believe that
they have grounds for suit after the Texas Supreme Court ordered the
return of 440 children to the compound.

He said that many of the children need extensive counseling after their
two-month separation from their parents and that the 1,691-acre ranch
was physically damaged during the raid.

"We are carefully exploring our options," Parker said. "We want to be
careful and deliberate about it, but we also want to act quickly enough
that we can get a meaningful remedy."

Joe Spurlock, a Texas Wesleyan University law professor and former
family court judge, said the Texas Family Code provides Child Protective
Services with immunity from lawsuits even if the children are taken
without a court order. In this case, where a court order was obtained,
Spurlock said he didn't know how a lawsuit would succeed.

"Lawsuit? I don't think so," Spurlock said. "I think as long as the
state took those kids under the reasonable belief that there was some
type of abuse or neglect going on, they don't have a leg to stand on.
Even in hindsight, as the Supreme Court said, you shouldn't have taken
all of the kids, that doesn't mean there are grounds for a lawsuit
unless you can prove they deliberately lied about the conditions on that
ranch."

FLDS lawyers will also have to navigate Texas' sovereign immunity cap
that limits damages against state agencies.

But Parker said lawyers could sue individually, most likely in federal
court, to get around the cap.

One recent court ruling might support that position.

Last month, the 10th Court of Appeals in Waco ruled that Texas A&M
administrators who are being sued individually in lawsuits over the 1999
bonfire collapse cannot claim governmental immunity. The court ruled
that administrators were not immune to lawsuits even though they were
acting in their official capacity in the accident that killed 12 and
injured 27.

CPS staying away

Child Protective Services spokesman Patrick Crimmins said the agency has
not tried to return to the YFZ Ranch since the children were returned to
parents last week.

He wouldn't say whether CPS intends to return.

"As the investigation continues, if we believe it is necessary, we will
conduct interviews with the child and their parents just as we would in
any other case where there are allegations of abuse and neglect,"
Crimmins said. "Where those interviews might take place, I really
couldn't say."

Both Crimmins and Parker said many of the parents and children have not
returned to the ranch, and it is unclear when they will go back.

"I think it's the desire of almost everyone to go back to the ranch,"
Parker said. "At what point in time, I really don't know. I think what
you're seeing is different legal advice by different lawyers as to what
approach to take in dealing with CPS."

Sect plans to stay

Parker said the sect will carry out its vow to register 300 voters in
Schleicher County, where the ranch and Eldorado are.

"I think so," Parker said. "I don't think you will see people from the
ranch running for office but I do think you will see them wanting to
have a say in the elections, particularly in the sheriff's race."

He said it can be taken as a sign that the FLDS isn't leaving Texas.

"They intend to stay," Parker said. "It's inappropriate, almost bigoted
to suggest that a group should just go away. I really find that offensive."

Last week, Schleicher County Sheriff David Doran told the Star-Telegram
that the voter registration would be retaliation against him for his
role in the April 3 raid.

Parker did nothing to dispel that notion, saying Doran "squandered the
opportunity to have a better relationship" with sect leaders and was
swayed by CPS allegations of abuse at the ranch. The attorney also
challenged Doran's assertion that there has been a change in leadership
there.

"What you have to ask is, 'How he is in a position to know?'" Parker
said. "I would say that Sheriff Doran continues to rely on undisclosed
sources that have no information about what is actually going on at the
ranch."

The Schleicher County election administrator's office hasn't recorded
any new registrants in recent weeks, but if FLDS followers registered
online it would take several months for the county to receive
notification from the state, a spokesperson said.

Criminal probe continues

State officials say they are investigating possible criminal charges
against the sect.

The Texas attorney general's office, which is now the lead agency in the
criminal case, wouldn't speculate on when charges will be filed,
spokesman Jerry Strickland said. Texas Department of Public Safety
spokeswoman Tela Mange also declined to say how close investigators were
to filing charges.

Parker said he assumes charges will be filed.

"I'm expecting it because they say to expect it," he said. "I don't know
of any particular evidence that a crime occurred. I think politically,
they feel they need to come away from this with something."

BILL HANNA, 817-390-7698




An Inconvenient Truth about Child Protective Services, Foster care, and
the Child Protection "INDUSTRY"

Child Protective Services Does not protect children...
It is sickening how many children are subject to abuse, neglect and even
killed at the hands of CPS.

every parent should read the free handbook from
connecticut dcf watch...

http://www.connecticutdcfwatch.com

Number of Cases per 100,000 children in the US
These numbers come from The National Center on
Child Abuse and Neglect in Washington. (NCCAN)
Recent numbers have increased significantly for CPS

Perpetrators of Maltreatment

Physical Abuse CPS/Foster care 160, biological Parents 59
Sexual Abuse CPS/Foster care 112, biological Parents 13
Neglect CPS/Foster care 410, biological Parents 241
Medical Neglect CPS/Foster care 14 biological Parents 12
Fatalities CPS/Foster care 6.4, biological Parents 1.5

Imagine that, 6.4 children die at the hands of the very agencies that
are supposed to protect them and only 1.5 at the hands of parents per
100,000 children. CPS perpetrates more abuse, neglect, and sexual abuse
and kills more children then parents in the United States. If the
citizens of this country hold CPS to the same standards that they hold
parents too. No judge should ever put another child in the hands of ANY
government agency because CPS nationwide is guilty of more harm and
death than any human being combined. CPS nationwide is guilty of more
human rights violations and deaths of children then the homes from which
they were removed. When are the judges going to wake up and see that
they are sending children to their death and a life of abuse when
children are removed from safe homes based on the mere opinion of a
bunch of social workers.

THIS IS AMERICA'S HIDDEN HOLOCAUST

Currently Child Protective Services violates more constitutionally
guaranteed liberties & civil rights on a daily basis then all other
agencies combined, Including the National Security agency/Central
intelligence agency wiretaping programs…

THE CORRUPT BUSINESS OF CHILD PROTECTIVE SERVICES
BY: Nancy Schaefer Senator, 50th District of Georgia

http://www.senatornancyschaefer.com/...s.php?filter=6

This is Child Protection?
By Gregory A. Hession, J.D.

http://www.jbs.org/node/4632

Mercenary Motherhood: "Memoirs of a Babystealer."

http://www.latimes.com/news/opinion/...nion-rightrail

FOSTER CARE IS A 80 PERCENT FAILU. A Brief Analysis of the Casey
Family Programs. Northwest Foster Care Alumni Study. By Richard Wexler

http://www.nccpr.org/reports/cfpanalysis.doc

HOW THE WAR AGAINST CHILD ABUSE BECAME A WAR AGAINST CHILDREN

http://www.nccpr.org/issues/1.html

Adoption Bonuses: The Money Behind the Madness
DSS and affiliates rewarded for breaking up families
By Nev Moore Massachusetts News

http://www.massnews.com/past_issues/...May/mayds4.htm

A recent study has found that 12-18 months after leaving foster ca

30% of the nation’s homeless are former foster children.
27% of the males and 10% of the females had been incarcerated
33% were receiving public assistance
37% had not finished high school
2% receive a college degree
50% were unemployed

Children in foster care are three to six times more likely than children
not in care to have emotional, behavioral and developmental problems,
including conduct disorders, depression, difficulties in school and
impaired social relationships. Some experts estimate that about 30% of
the children in care have marked or severe emotional problems. Various
studies have indicated that children and young people in foster care
tend to have limited education and job skills, perform poorly in school
compared to children who are not in foster care, lag behind in their
education by at least one year, and have lower educational attainment
than the general population.
*Casey Family Programs National Center for Resource Family Support

80 percent of prison inmates have been through the foster care system.

The highest ranking federal official in charge of foster care, Wade Horn
of the Department of Health and Human Services, is a former child
psychologist who says the foster care system is a giant mess and should
just be blown up.

http://abcnews.go.com/print?id=2017991

Four rigorous studies have found that at least 30 percent of America’s
foster children could be home right now if their parents had decent housing.

This study found thousands of children already in foster care who would
have done better had child protection agencies not taken them away in
the first place.

Front-page story in USA Today.

http://www.usatoday.com/news/nation/...m?csp=34#Close

Read the studies online.

Casey "alumni" study: "Improving Family Foster Ca Findings from the
Northwest Foster Care Alumni Study,"

http://www.casey.org/Resources/Publi...lumniStudy.htm

MIT study: "Child Protection and Child Outcomes: Measuring the Effects
of Foster Care,"

http://www.mit.edu/~jjdoyle/doyle_fo...arch07_aer.pdf

http://www.cftl.org/documents/2008/FCfullreport.pdf

Texas comptroller's "Forgotten Children" reports:

http://www.window.state.tx.us/news/60623statement.html

www.window.state.tx.us/forgottenchildren

The bottom line? - Child Protective Services and the Foster Care system
for the most part turns out young adults that are nothing more than
walking wreckage...

CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CONSTITUTIONALLY
GUARANTEED LIBERTIES & CIVIL RIGHTS ON A DAILY BASIS THEN ALL OTHER
AGENCIES COMBINED INCLUDING THE NATIONAL SECURITY AGENCY/CENTRAL
INTELLIGENCE AGENCY WIRETAPPING PROGRAMS....

CHILD PROTECTIVE SERVICES, HAPPILY DESTROYING THOUSANDS OF INNOCENT
FAMILIES YEARLY NATIONWIDE AND COMING TO YOU'RE HOME SOON...

BE SURE TO FIND OUT WHERE YOUR CANDIDATES STANDS ON THE ISSUE OF
REFORMING OR ABOLISHING CHILD PROTECTIVE SERVICES ("MAKE YOUR CANDIDATES
TAKE A STAND ON THIS ISSUE.") THEN REMEMBER TO VOTE ACCORDINGLY IF THEY
ARE "FAMILY UNFRIENDLY" IN THE NEXT ELECTION...
 




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