Chuck Johnston
CNN National Desk

Grand Jury recesses in Eldorado, will reconvene in July, no indictments yet.

A Texas grand jury recessed last night after hearing allegations of sexual abuse in the polygamist FLDS sect.

The grand jury is considering criminal charges arising from the raid on the sect’s Yearning for Zion (YFZ) Ranch in April. FLDS members have denied abuse allegations.

The grand jury reviewed evidence for eight hours, and recessed without issuing indictments. It won’t resume until late next month.

The state of Texas removed over 450 children from the YFZ Ranch in Eldorado that an underage girl was being forced to marry and have sex. The children were placed in foster homes around the state.

But the Texas Supreme Court later ruled the evidence of abuse was insufficient, and children must be returned to their parents while the investigation continues.

Chuck Johnston
Assignment Editor, CNN National Desk

The gates outside the Yearning For Zion ranch in Eldorado, Texas, are usually locked. But they were open late Tuesday, as families returned to the sprawling ranch with children being returned from foster homes around the state.

“We just traveled day and night. Texas is a beautiful state, I had no idea I would see that much of it,” Zavenda Young said, holding her youngest daughter while her husband Edson Jessop embraced their sons.

“We are sure grateful to be home,” she added. “We’ve traveled 11,000 miles covering visits to the children, visits with attorneys, and all.”

Young told reporters the family had been temporarily living in the Houston area as they shuttled in between their four children and their caseworkers.

“The people that have been taking care of the children were doing such a wonderful job. They literally cried when we took them away,” Young said of the foster parents who cared for the children after they were removed from the ranch by state officials in April, citing evidence of underage marriages and statutory rape.

Young said the children had been hit hard by the removal to foster homes around the state. “They are dazed,” she said. “They are not the same. We hope they pull out of it.”

Some reporters asked returning children how it felt to be back with their parents on the ranch. Clearly still shaken by the experience, children clung to their parents and shied away from the cameras.

Jessop said the raid had created misconceptions of the FLDS members of the polygamist ranch:

“We feel that everybody has been fed a whole bunch of garbage about us. I think when most people come to know us they come to learn that we are different than they suppose, but it’s really hard to change the spots on a leopard-we are what we are. I am the same kind of man that my father and grandfather was. I don’t know why the world wants to change me.”

Ismael Estrada
AC360° Producer

So how does the state give the kids back?

This morning Judge Barbara Walther asked for all the players to join in court today. A 2pm “conference” to decide how the court will abide by the Texas Supreme Court’s decision to essentially give the FLDS kids back to their families.

The court was packed this afternoon as attorneys, FLDS mothers, and media filled the seats. All waiting to hear how this would all be resolved.

The state drafted up some language on how to return the children, with guidelines. Some of those proposals:
Keep reading

A family waits at a San Antonio, Texas, courthouse last week for a reunion with a seized child

Members of a polygamist sect whose children were removed by Texas authorities could flee the state if a lower court ruling stands, according to lawyers for the state.

If sect members were to flee, they also would leave the courts’ jurisdiction, attorneys for the state Child Protection Services said in court filings Tuesday to the Texas Supreme Court.

The case involves 38 mothers from the Fundamentalist Church of Jesus Christ of Latter-day Saints, a Mormon offshoot that practices polygamy, and their 124 children.

In a ruling last week, the Texas 3rd District Court of Appeals said the state had no right to remove those children in April from the Yearning For Zion ranch near Eldorado, Texas. Although that ruling applied only to those 124 children, attorneys said the reasoning could apply to all the youths removed during the raid — about 460. (Up to 20 of those later were found in court to be adults.)

Read full story…

Fundamentalist Church of Jesus Christ of Latter Day Saints mothers smile as they leave the Tom Green County courthouse after hearing news of a court ruling in their favor.

Jeffrey Toobin
CNN Sr. Legal Analyst

The Third District Court of Appeals, in Austin, today ruled that the children seized last month at the FLDS ranch must be returned to their mothers. The decision made a lot of sense to me. The nine-page opinion is very much worth reading here.

To me, the key passage in the opinion is this one:

“Removing children from their homes and parents on an emergency basis before fully litigating the issue of whether the parents should continue to have custody of the children is an extreme measure. It is, unfortunately, sometimes necessary for the protection of the children involved. However, it is a step that the legislature has provided may be taken only when the circumstances indicate a danger to the physical health and welfare of the children and the need for protection of the children is so urgent that immediate removal of the children from the home is necessary.”

The question is whether the Texas authorities put forth enough evidence to justify the ‘extreme’ step of taking the children away from their mothers. The court focused a great deal on the claim by Texas that the ‘pervasive belief system’ of the FLDS put the children in danger­ that males were raised to be perpetrators of sexual abuse and females were trained to be victims.

Keep reading

You can read the court's ruling on the legality of removing of 400+ children from a polygamist compound here.

David M. Reisner
360° Digital Producer

This is just crossing the wires:

An Appeals court has ruled that the state of Texas should not have removed the more than 400 children it took from a polygamist sect’s ranch

In its ruling, the Texas 3rd District Court of Appeals decided in favor of 38 women who had appealed the removals, as well as a decision last month by a district judge that the children will remain in state custody.

The ruling stated:

“The legislature has required that there be evidence to support a finding that there is a danger to the physical health or safety of the children in question and that the need for protection is urgent and warrants immediate removal,”

“Evidence that children raised in this particular environment may someday have their physical health and safety threatened is not evidence that the danger is imminent enough to warrant invoking the extreme easure of immediate removal prior to full litigation of the issue.”

The children were removed last month from the Yearning for Zion (YFZ) Ranch, owned by the Fundamentalist Church of Jesus Christ of Latter-day Saints, a Mormon offshoot that practices polygamy.

From our Ed Lavandera:

“This ruling out of Austin goes on to say the family and protective services division (the agency in charge of removing the children from the compound) did not prove the children were in danger and they needed to be removed from their homes.”

“You can imagine what the reaction is going to be in the coming ours from those involved with the sect and those who live in the compound… “

“State officials are also saying they still need more time to investigate and they are still in that process. “

Watch 360° for in-depth coverage and share your thoughts here:

Editor’s Note: The following is a dispatch from CNN’s Senior producer Tracy Sabo inside the FLDS courtroom hearings.

Note: The next case was going to be postponed to take place at the same time as all the other 11 children in state custody… but the guardian for this child had dialed in by phone/”Court call” at the personal cost of $55, and the Judge could not guarantee reimbursement… so they proceeded in hearing this one case of the 10.)

Mother: Rebecca
Father: Marion Steed

Child: Angela, age 11

Highlights:

• Some confusion over the case plan which was filed here for the wrong Angela (one from the earlier hearing), but that was eventually sorted out by the Court.
• The father was first shown with the service plan as he walked into the courtroom, so he needed an extra 15 minutes to look it over. He filed an objection as to its “generality” but said that he would sign it and work the plan.
• Mother atty filed objections to the plan arguing that the summary at the beginning of the document included incorrect ages for all the children and was full of errors and therefore she was arguing that the 14-day hearing was unlawful). The argument was overruled by the court, but attached to the case file.
• The couple says they are legally married to each other and lived on the ranch in a single family dwelling with all their children.
• DNA testing was done for both parents and children.
• The caseworker spoke with mother Rebecca about the plan and about visitation plans thus far.

Keep reading

Editor’s Note: The following is a dispatch from CNN’s Senior producer Tracy Sabo inside the FLDS courtroom hearings

Courtroom B, Case #1
Mother: Louanna Jessop
Father: Leroy J. Jessop (not present)

Note: This mother/father have 7 children.

1. Angela, age 2
2. Virginia, age 4
3. Harmony, age 10
4. Zane, age 5
5. Shem, age 1
6. Leanna, age 7
7. Miranda, age 8

Highlights

• Caseworker has not had any contact with father, Leroy J. Steed, and has not been able to locate him thru calling the ranch, etc. Will continue trying to reach him thru the attorney name/number (court-appointed?) provided today by the mother (she does not know where he is, per her atty).
• Louanna has done DNA testing. None done on the father, as far as anyone in court is aware.
• Mother has signed the plan and added some comments and a home schooling curriculum as well as a complaint that it lacked specificity.
• When the caseworker was asked by the mother’s attorney, Charles Grimm, “Did you have anything to do with creating this plan?” Martinez answered, “I did not have anything to do with this plan. It was already created.” Martinez went on to say, “It was tailor-made for the FLDS parents.” He clarified by saying it was a fairly standard CPS plan “is very close to what we use all the time… This is a starting point… We will individualize it.”

Keep reading

From a pool reporter inside the courtroom
Update from Courtroom A

Case #1
1 year old boy
Mother: 17 ½ years old

Attorneys asked for a continuance because the mother, who is a minor, has not been able to meet with her attorneys because she is 8 months pregnant and located in a shelter in San Antonio. The judge granted the continuance and the hearing will now be held 6/3. Attorneys expressed concern that they are not able to have private conversations, that social workers are taking notes on phone conversations.

——————

Case #2
9 ½ year old child

Father: Warren Steed Jeffs (incarcerated)

Highlights: The attorney asked which version of the Book of Mormon the children were given (new version of Book of Mormon condems polygamy). CPS worker Irene Schwaninger “Polygamy is not the issue, underage marriage is the issue here.” Mother has signed CPS plan.
Keep reading

From a pool reporter inside the courtroom

2 cases so far:

Case #1
2 ½ year old girl

Janet Jeffs, the mother, was not in the courtroom, but she and her attorney spoke via speakerphone from Austin, TX. Janet and her child are living together at a shelter in Austin. There were questions about whether Janet was a minor, but at this morning’s hearing the state agreed to accept the fact the she was over 18. The mother’s court-appointed attorney had to withdraw from the case because she was assigned to represent Janet as a minor. The judge has given Janet a week to find an attorney who will represent her as an adult. Janet says she last saw the father, Raymond Jessop, about a year ago at the ranch. No one knows where he is now.
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