Legal confusion may lead to reforms in Texas law


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(AP File Photo/Tony Gutierrez)

John Hollenhorst reporting

There was continuing confusion today in the legal proceedings surrounding 450 or so Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS) children in state custody in Texas.

The state's Supreme Court judges could either order the children back to their parents or uphold the state seizure action, but they have not yet taken any action.

Attorneys for one group of 12 children filed a new motion today. In effect, it asks for all the children to be released. But the court has remained silent while studying a lower court ruling that the state exceeded its authority.

Regardless of how that court battle unfolds, the child custody crisis is almost certain to prompt major reforms in Texas law. That's the opinion of a veteran lawmaker there who says Texans are bombarding their state capitol with questions similar to those being asked here in Utah.

The seizure of hundreds of children by Texas Child Protective Services (CPS) prompted many questions in Texas. Lone Star State residents have barraged lawmakers with e-mails, letters and phone calls.

"One of the questions we've been repeatedly asked is: 'Why didn't CPS remove the fathers, the alleged perpetrators?' CPS doesn't have the authority to do that," said Texas Rep. Elliott Naishtat.

Another question: Why wasn't CPS better prepared to handle the crisis that resulted? "[It was] an added burden on an already overstretched, overburdened system," said Eileen Garcia-Matthews, with the child advocacy group Texans Care for Children.

The group says social workers were stretched so thin the children were the losers. "That really robs the child of the attention and focus and care and just the accountability in our system to make sure that that child remains safe," Garcia-Matthews said.

Naishtat says parents were hurt too. The underfunded system had to rely on volunteer lawyers, who themselves were overworked, traveling far and wide across the state of Texas.

"It's so overwhelming that there's no question that some due process rights have not been guaranteed, have not been upheld," Naishtat said.

In the Texas State Capitol at Austin, many people think CPS followed the letter of the law. But they have serious reservations anyway and are wondering if the law itself needs to be changed.

Naishtat flatly predicts reforms but says lawmakers will have to tread carefully if it comes to removing fathers, instead of children, in some future situation. "Because we can't set up a situation where their constitutional rights are not being complied with," he said.

Naishtat predicts major scrutiny of family and children services. "They are all overwhelmed. We must put more money, more resources into this system," he said.

The FLDS situation is unique. Maybe it will never happen again, but a lot of folks think the Lone Star State needs to be better prepared just in case.

Naishtat is vice chairman of the Human Services Committee in the Texas House. He will likely play a major role in shaping new legislation.

E-mail: jhollenhorst@ksl.com

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