Polygamist raid: The battle continues

SAN ANGELO (KXAN) - One year after Texas child-protection officials removed more than 440 children from a polygamist compound in Eldorado, the battle between the families and the state continues.

It was the largest child-welfare operation in the history of Texas' Department of Public Safety and Department of Family and Protective Services.

"It was a 9/11 experience," said church member Willie Jessop.

Sect members gathered in front of the Ft. Concho complex in San Angelo on Friday to talk about what they say were injustices the state committed against church members during the raid.

The group rented the building in which they were held during the first few days of the raid, planning to show the public the conditions in which they had to live versus the lives they had to leave.

Putting on an almost churchlike atmosphere, they set up chairs and showed a video with graphic images of children behind bars.

Hand in hand, members of the sect who still live on the ranch showed up to speak about the raid, which they say still haunts them.
 

The anniversary comes months after Texas agencies stopped almost all of their investigations into the claims of abuse on the ranch.

CPS eventually non-suited all of the cases except for one and the last update on their website about the biggest raid in U.S. history dates back to December of 2008.

While officials stand by their decision to remove the children - and some families never went back to the ranch - lawyers for the families question the silence.

"My hunch is that they [CPS] wanted out," said Debra Brown, the San Angelo director of Court Appointed Special Advocates (CASA). "The cooperation level was not very high with these families. I think they just felt like it was just a no-win situation for them."

Brown said none of the CASA volunteers had been back to the ranch since January, since all but one of the cases has been non-suited.

"I'm just concerned, because I don't think we did put safeguards in place and we have a lot of unanswered questions."

Rep. Drew Darby, R-San Angelo, said he still believes the state made the right move in removing the children from the ranch.

"We knew there was systemic abuse happening out there," Darby said. "Yet we had no idea just how many children were being kept on that ranch."

CPS Investigation Results

After an appeals court decided in late May of 2008 that CPS must return the all of the FLDS children to their parents, CPS began working with families on a master plan the agency created.

All of the teenage girls, ages 10 to 17, were asked to attend 4 hours of therapeutic education sessions in which they attended in groups. 170 parents participated in 2-4 hour parenting classes.

Mothers of teenage girls signed "safety contracts," guaranteeing the girls would not be subject to sexual abuse.

In December of 2008, CPS published a report on their investigation results.

The report showed 12 girls as confirmed victims of sexual abuse and neglect because they were married at ages ranging from 12 to 15.

It also found that 262 other children were subjected to neglect because parents failed to remove their child from a situation in which the child would be exposed to sexual abuse committed against another child within their families or households.

In all, 175 families were investigated with 275 children confirmed as victims and 124 adults designated as perpetrators.

The report split the cases into the following categories:

- Reason to believe abuse or neglect was present in 91 families. This was either due to sexual abuse or neglect, failing to take steps against underage marriage, failure to remove a child from a family or household where they would be exposed to underage marriage.

- Ruled out abuse or neglect in 12 families

- Unable to determine abuse or neglect in 39 families

- Unable to complete the investigation in 1 family

- Administratively closed, meaning CPS determined an investigation was not needed for 3 families

As of December, DPS had ended its investigations of 424 of the 439 children involved. Lawsuits were pending for 5 mothers of 15 girls.

And now, Friday, Apr. 3, there is only one case left, involving a 12-year-old girl who remains in state custody due to evidence linking her as a wife to the sect's jailed leader, Warren Jeffs.

Cost of the Raid and Legislative Action

The latest figures released show the raid and removal of the children from the YFZ ranch cost the state $12.8 million.

This number is sure to rise, once CPS tallies the cost for attorneys and programs after the children were returned to their parents.

Included in the $12.8 million figure is the $60,000 spent on DNA tests for 599 people.

As can be expected, the 81st Legislature has stepped in to evaluate the raid and deal with any mistakes or lessons learned that may come from it.

Rep. Patrick Rose, D-Dripping Springs, chairman of the Health and Human Services committee, said there will be a major hearing in mid-April.

Originally he had formed a subcommittee to deal with the FLDS investigation, but quickly dissolved that after other members of the committee wanted to be included in the hearing.

Rose said members of the sect will likely appear to testify, as well as state officials.

However, Darby questions the effectiveness of CPS's continuing investigation.

"What we did was costly and intrusive," he said. "I'm worried about how those children are doing now."

Timeline of the FLDS Investigation

March 29 - 31: A girl calls in to a San Angelo shelter, reporting abuse by her 49 year old husband. CPS and local law enforcement start formulating a plan of action.

April 3: DPS enters the ranch and secures it. CPS enters and starts interviewing children and parents - questioning that lasts throughout the night.

April 4: 137 children (6 months - 17 years old) and 46 adult women were taken off the ranch and brought to the civic center.

April 5: All children and adults at shelters in Eldorado were moved to a centralized shelter at the Ft. Concho complex in San Angelo. Including new arrivals from the YFZ Ranch, there were 246 children and 93 women under CPS supervision.

April 7: District Judge Barbara Walthers granted CPS temporary legal custody of all 401 children in the shelter in San Angelo. An adversarial hearing was set for April 17, 2008 to determine if the children should remain in state custody.

April 8: All children are now in state custody. 139 women are also off the ranch and at the shelters.

April 12-13: Judge Barbara Walther ordered CPS to confiscate the cell phones of the 139 women.

April 14: Most mothers are separated from the children and given the choice to go back to the ranch or go to shelters. Mothers of infants are allowed to stay with the children.

April 17-18: Hearings for the children. Judge determines they should stay in state custody and every person from the ranch submit to DNA testing.

April 21-22: DNA testing conducted.

April 22-25: Children are relocated to shelters across the state.

May 1: Texas RioGrande Legal Aid, on behalf of FLDS mothers who canÂ’t afford private counsel, files a writ of mandamus petition in the Texas 3rd Court of Appeals.

May 22: The Texas 3rd Court of Appeals overturns WaltherÂ’s custody ruling, finding that there was not enough evidence of immediate danger to support removal of the children.

May 23: Texas Child Protective Services petitions the state supreme court for emergency relief.

May 29: The Texas Supreme Court affirms the appellate court opinion, ordering Walther to vacate her custody ruling. The opinion allows her to bar FLDS parents from removing their children from the state while the investigation continues.

June 2: The state starts returning children to their parents.

June 26: A grand jury convenes in Schleicher County, which includes the town of El Dorado, and opens its investigation into the FLDS.

August: A grand jury hands down nine indictments and CPS starts non-suiting other families.

December: All but 15 of the cases have been non-suited
March: All but one of the cases has been non-suited. One child remains in state custody.