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  Parents' Attorneys Say They're in the Cold

By Brooke Adams and Nate Carlisle
Salt Lake Tribune
May 5, 2008

http://www.sltrib.com/news/ci_9155046

Attorneys for FLDS parents say they are striking out in getting any issues raised before Tom Green County Judge Barbara Walther - even as state officials say there is widespread confusion about the purpose of hearings set to begin in two weeks.

Patrick Crimmins, a spokesman for the Texas Department of Family and Protective Services, said the 60-day hearings that begin May 19 are to review service plans developed for each child, check medical care and hear how the children are faring in foster care.

"This is not going to be a redo of whether abuse or neglect occurred," Crimmins said.

Walther determined at a two-day April hearing that the 464 children removed from the YFZ Ranch were at risk of abuse because of their parents' support for polygamy and underage marriage.

But some attorneys continue to argue that the en masse hearing held April 17-18 was unfair to their clients.

Vince Nowak, an Amarillo attorney, said he believes that hearing provided no justification for removing the five boys he represents from their homes. The boys, ages 12 to 15, are all healthy - and all homesick.

"They want to go home," Nowak said. "They feel they've been unjustly removed from their mothers."

Polly O'Toole, a Dallas attorney, said she tried to file a request for a hearing by telephone but was told she would have to make the 272-mile trip from Dallas to San Angelo to do so. And she has received little information about the 60-day hearings.

"Are these children going to have a day in court about their needs individually?" asked O'Toole. "We have no access to relief for our clients right now. We have all filed motions and we are unable to get hearings on those motions."

The next legal move may come at the 3rd Court of Appeals in Austin, where Texas RioGrande Legal Aid is seeking to have children returned to their mothers while the state's investigation continues. The state's response to that motion is due Tuesday.

Contact: brooke@sltrib.com

 
 

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