Category: law

child welfare reform, foster care abuse, cps, domestic violence, education, family, General, government, law, system failure
ALERT:: Collin & Dallas Counties Ignore Domestic Violence Outcries

August 16, 2008 at 12:29 am

VICTIM OF DOMESTIC VIOLENCE SEEKS HELP

SHE IS IN DANGER AND NEEDS HELP

COLLIN AND DALLAS COUNTIES IGNORE HER SO SHE TURNS TO ITS ALMOST TUESDAY FOR HELP!!

(The comments below were made by a woman on Its Almost Tuesday’s main page, I copy/paste for you all to see)

I am going through almost exactly what Mary has gone through in the Collin County Court System. I feel for her and broke-down several times while reading about her story. I have been a victim of Domestic Violence to my husband, the abuser who has beat & battered me throughout our marriage. There are at least thirty (30) Police Incidents and i finally obtained a Protective Order that Collin County will not enforce because they say it is out of there jurisdiction and that I need to see the City of Dallas. Likewise, the City of Dallas says that it is out of there jurisdiction and that the constable of Collin County is the one to enforce these Protective Order Matters. Collin County says thay dont know what Dallas is talking about. I pay taxes to both. Neither one is helping me and my husband is continuing to take steps to follow-through on his threats to kill me. Something needs to be done, but I don’t know where to turn.

CONTACT US IF YOU CAN HELP

child welfare reform, foster care abuse, cps, domestic violence, education, family, General, government, law
ACP Offers Freedom For Abuse Victims in Texas

[vodpod id=ExternalVideo.590626&w=325&h=250&fv=]

 

 

more about “Corpus Christi, TX | KRISTV.COM |Texa…“, posted with vodpod

 

I left my abuser…but he keeps coming after me… nobody was there to stop him…so I went back…

If I leave him, he’ll just come find me… so I might as well stay…”

 

I’m afraid to stay home alone… my ex might show up one day if he finds out where I am….”

 

Its been ten years and still I keep the shades closed on the windows, always wondering if he’s out there…”

 

Climbing out broken windows may be the only way to get to safety…

But now, the state of Texas wants to help keep victims of abuse safe once they do leave the abuse…by keeping residential addresses confidential & forwarding abuse victim’s mail to their safe location.

I don’t live in fear anymore…

 

I cleaned my house with the windows open for the first time in years …”

I’m free…. I finally feel like I’ve

gotten my life back…

 

Thank you ACP!

 

Under a new statewide program, Texans who are the victims of stalkers, sexual assault or family violence crimes can now make their home addresses confidential.

State Attorney General Gregg Abbott outlined the new program on Monday, which is designed to protect their privacy and help keep them safe.People who are eligible can sign up to have the Crime Victim Services Division of the Attorney General’s office designate a substitute address for them.

 

 

 

The division will receive the mail, process it, and then forward it to the participant’s actual address.

The substitute addresses can be used on voter and school registration cards, driver’s licenses and most government documents, including court records.

For more information about the Address Confidentiality Program or to learn more about the eligibility criteria, contact the program at ( 512 ) 936-1750 or ( 888 ) 832-2322.

You can also visit the agency’s web site at www.texasattorneygeneral.gov.

This is a wonderful program I recommend for all 50 states – I was a member of this program in another state until I moved back to Texas where they did not have the program in place. Had this program been in place in Texas when my ex found, stalked and utlimately planned and assisted in abducting my son, I may have never lost my little boy.

 

 

 

 

Attorney General Abbott Announces Confidential Address Program For Crime Victims

Victims of family violence, stalking and sexual assault can register for anonymous address

AUSTIN – Texas Attorney General Greg Abbott today announced that family violence, stalking and sexual assault victims may be eligible to participate in a new, state-sponsored address confidentiality program. Eligible Texans can register for an anonymous address that will appear on voter and school registration cards, driver’s licenses, and most government documents, including court records.

The Attorney General’s Crime Victim Services Division will designate a substitute address for eligible victims; receive service of process and mail for the participants; and forward mail to participants’ actual address. During the 80th Legislative Session, Sen. Eddie Lucio authored legislation creating the Address Confidentiality Program (ACP), which authorizes the attorney general to provide this service to crime victims.

“Texas family violence, stalking and sexual assault victims can now obtain a confidential address that will help them protect their privacy and keep them secure,” Attorney General Abbott said. “We are grateful to the victim assistance organizations that partnered with us to ensure this program provides the meaningful protections intended by the Legislature.”

Applicants must meet with a local domestic violence shelter, sexual assault center, law enforcement, or prosecution staff member to discuss a safety plan and learn more about the enrollment process. To get contact information for local shelters, access the Texas Council on Family Violence Web site at www.tcfv.org or call the National Domestic Violence Hotline at (800) 799-SAFE. To contact local sexual assault centers, access the Texas Association Against Sexual Assault Web site at www.taasa.org or the National Sexual Assault Hotline at (800) 656- HOPE. Meeting with a victim advocate is vital to this process and required by law.

Sheryl Cates, chief executive officer of the TCFV and the National Domestic Violence Hotline praised the new program: “The ACP is yet another valuable tool available to victims of family violence in protecting themselves from the perpetrators who abuse them. We are grateful to General Abbott and his staff for seeking input from the Texas Council on Family Violence and many other domestic violence service providers in the development of ACP guidelines.”

Annette Burrhus-Clay, executive director of TAASA, added: “Rape is a crime that removes control from a victim; this measure provides one additional avenue for restoring that control.

TAASA is proud to have worked with the Legislature, the Attorney General and other victim advocacy organizations to see this important program through to fruition and we’re hopeful that survivors of sexual violence, stalking and domestic violence will find this a helpful tool on their path to recovery.”

 
 

A BILL TO BE ENTITLED

  AN ACT
  relating to the creation of an address confidentiality program to
  assist victims of family violence, sexual assault, or stalking in
  maintaining confidential addresses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 56, Code of Criminal Procedure, is
  amended by adding Subchapter C to read as follows:
  SUBCHAPTER C. ADDRESS CONFIDENTIALITY PROGRAM FOR VICTIMS OF
  FAMILY VIOLENCE, SEXUAL ASSAULT, OR STALKING
         Art. 56.81.  DEFINITIONS. In this subchapter:
               (1)  “Applicant” means a person who applies to
  participate in the program.
               (2)  “Family violence” has the meaning assigned by
  Section 71.004, Family Code.
               (3)  “Family violence shelter center” has the meaning
  assigned by Section 51.002, Human Resources Code.
               (4)  “Mail” means first class mail and any mail sent by
  a government agency. The term does not include a package,
  regardless of size or type of mailing.
               (5)  “Participant” means an applicant who is certified
  for participation in the program.
               (6)  “Program” means the address confidentiality
  program created under this subchapter.
         Art. 56.82.  ADDRESS CONFIDENTIALITY PROGRAM. (a)  The
  attorney general shall establish an address confidentiality
  program, as provided by this subchapter, to assist a victim of
  family violence or an offense under Section 22.011, 22.021, 25.02,
  or 42.072, Penal Code, in maintaining a confidential address.
         (b)  The attorney general shall:
               (1)  designate a substitute post office box address
  that a participant may use in place of the participant’s true
  residential, business, or school address;
               (2)  act as agent to receive service of process and mail
  on behalf of the participant; and
               (3)  forward to the participant mail received by the
  office of the attorney general on behalf of the participant.
         (c)  A summons, writ, notice, demand, or process may be
  served on the attorney general on behalf of the participant by
  delivery of two copies of the document to the office of the attorney
  general. The attorney general shall retain a copy of the summons,
  writ, notice, demand, or process and forward the original to the
  participant not later than the third day after the date of service
  on the attorney general.
         (d)  The attorney general shall make and retain a copy of the
  envelope in which certified mail is received on behalf of the
  participant.
         Art. 56.83.  ELIGIBILITY TO PARTICIPATE IN PROGRAM. (a)  To
  be eligible to participate in the program, an applicant must:
               (1)  meet with a victim’s assistance counselor from a
  state or local agency or other entity designated by the attorney
  general under Article 56.92 and receive orientation information
  about the program;
               (2)  file an application for participation with the
  attorney general or a state or local agency or other entity
  designated by the attorney general under Article 56.92;
               (3)  designate the attorney general as agent to receive
  service of process and mail on behalf of the applicant; and
               (4)  live at a residential address, or relocate to a
  residential address, that is unknown to the person who committed or
  is alleged to have committed the family violence or an offense under
  Section 22.011, 22.021, 25.02, or 42.072, Penal Code.
         (b)  An application under Subsection (a)(2) must contain:
               (1)  a signed, sworn statement by the applicant stating
  that the applicant fears for the safety of the applicant, the
  applicant’s child, or another person in the applicant’s household
  because of a threat of immediate or future harm caused by the person
  who committed or is alleged to have committed the family violence or
  an offense under Section 22.011, 22.021, 25.02, or 42.072, Penal
  Code;
               (2)  the applicant’s true residential address and, if
  applicable, the applicant’s business and school addresses; and
               (3)  a statement by the applicant of whether there is an
  existing court order or a pending court case for child support or
  child custody or visitation that involves the applicant and, if so,
  the name and address of:
                     (A)  the legal counsel of record; and
                     (B)  each parent involved in the court order or
  pending case.
         (c)  An application under Subsection (a)(2) must be
  completed by the applicant in person at the state or local agency or
  other entity with which the application is filed.  An applicant who
  knowingly or intentionally makes a false statement in an
  application under Subsection (a)(2) is subject to prosecution under
  Chapter 37, Penal Code.
         (d)  A state or local agency or other entity with which an
  application is filed under Subsection (a)(2) shall forward the
  application to the office of the attorney general.
         (e)  The attorney general by rule may establish additional
  eligibility requirements for participation in the program that are
  consistent with the purpose of the program as stated in Article
  56.82(a).  The attorney general may establish procedures for
  requiring an applicant, in appropriate circumstances, to submit
  with the application under Subsection (a)(2) independent
  documentary evidence of family violence or an offense under Section
  22.011, 22.021, 25.02, or 42.072, Penal Code, in the form of:
               (1)  an active or recently issued protective order;
               (2)  an incident report or other record maintained by a
  law enforcement agency or official;
               (3)  a statement of a physician or other health care
  provider regarding the applicant’s medical condition as a result of
  the family violence or offense; or
               (4)  a statement of a mental health professional, a
  member of the clergy, an attorney or other legal advocate, a trained
  staff member of a family violence center, or another professional
  who has assisted the applicant in addressing the effects of the
  family violence or offense.
         (f)  Any assistance or counseling provided by the attorney
  general or an employee or agent of the attorney general to an
  applicant does not constitute legal advice.
         Art. 56.84.  CERTIFICATION; EXPIRATION. (a)  The attorney
  general shall certify for participation in the program an applicant
  who satisfies the eligibility requirements under Article 56.83.
         (b)  A certification under this article expires on the third
  anniversary of the date of certification.
         Art. 56.85.  RENEWAL. To renew a certification under
  Article 56.84, a participant must satisfy the eligibility
  requirements under Article 56.83 as if the participant were
  originally applying for participation in the program.
         Art. 56.86.  INELIGIBILITY AND CANCELLATION. (a)  An
  applicant is ineligible for, and a participant may be excluded
  from, participation in the program if the applicant or participant
  knowingly makes a false statement on an application filed under
  Article 56.83(a)(2).
         (b)  A participant may be excluded from participation in the
  program if:
               (1)  mail forwarded to the participant by the attorney
  general is returned undeliverable on at least four occasions;
               (2)  the participant changes the participant’s true
  residential address as provided in the application filed under
  Article 56.83(a)(2) and does not notify the attorney general of the
  change at least 10 days before the date of the change; or
               (3)  the participant changes the participant’s name.
         Art. 56.87.  WITHDRAWAL. A participant may withdraw from
  the program by notifying the attorney general in writing of the
  withdrawal.
         Art. 56.88.  CONFIDENTIALITY; DESTRUCTION OF INFORMATION.
  (a)  Information relating to a participant:
               (1)  is confidential, except as provided by Article
  56.90; and
               (2)  may not be disclosed under Chapter 552, Government
  Code.
         (b)  Except as provided by Article 56.82(d), the attorney
  general may not make a copy of any mail received by the office of the
  attorney general on behalf of the participant.
         (c)  The attorney general shall destroy all information
  relating to a participant on the third anniversary of the date
  participation in the program ends.
         Art. 56.89.  ACCEPTANCE OF SUBSTITUTE ADDRESS; EXEMPTIONS.
  (a)  Except as provided by Subsection (b), a state or local agency
  must accept the substitute post office box address designated by
  the attorney general if the substitute address is presented to the
  agency by a participant in place of the participant’s true
  residential, business, or school address.
         (b)  The attorney general by rule may permit an agency to
  require a participant to provide the participant’s true
  residential, business, or school address, if necessary for the
  agency to perform a duty or function that is imposed by law or
  administrative requirement.
         Art. 56.90.  EXCEPTIONS. The attorney general:
               (1)  shall disclose a participant’s true residential,
  business, or school address if:
                     (A)  requested by:
                           (i)  a law enforcement agency; or
                           (ii)  the Department of State Health
  Services or a local health authority for the purpose of making a
  notification described by Article 21.31, Section 54.033, Family
  Code, or Section 81.051, Health and Safety Code; or
                     (B)  required by court order; and
               (2)  may disclose a participant’s true residential,
  business, or school address if:
                     (A)  the participant consents to the disclosure;
  and
                     (B)  the disclosure is necessary to administer the
  program.
         Art. 56.91.  LIABILITY. (a)  The attorney general or an
  agent or employee of the attorney general is immune from liability
  for any act or omission by the agent or employee in administering
  the program if the agent or employee was acting in good faith and in
  the course and scope of assigned responsibilities and duties.
         (b)  An agent or employee of the attorney general who does
  not act in good faith and in the course and scope of assigned
  responsibilities and duties in disclosing a participant’s true
  residential, business, or school address is subject to prosecution
  under Chapter 39, Penal Code.
         Art. 56.92.  PROGRAM ASSISTANCE. The attorney general
  shall:
               (1)  identify state and local agencies and other
  entities, whether for-profit or nonprofit, that provide counseling
  and shelter services to victims of family violence; and
               (2)  require the identified agencies to provide access
  to the program, including making program information and
  application materials available and providing assistance in
  completing program applications.
         Art. 56.93.  RULES. The attorney general shall adopt rules
  to administer the program.
         SECTION 2.  Article 56.54, Code of Criminal Procedure, is
  amended by amending Subsection (c) and adding Subsection (l) to
  read as follows:
         (c)  Except as provided by Subsections (h), [and] (i), and
  (l), the compensation to victims of crime auxiliary fund may be used
  by the attorney general only for the payment of compensation to
  claimants or victims under this subchapter.
         (l)  The attorney general may use the compensation to victims
  of crime auxiliary fund to cover costs incurred by the attorney
  general in administering the address confidentiality program
  established under Subchapter C.
         SECTION 3.  Section 18.005(a), Election Code, is amended to
  read as follows:
         (a)  Each original and supplemental list of registered
  voters must:
               (1)  contain the voter’s name, residence address or
  substitute post office box address, if required by Section 18.0051,
  date of birth, and registration number as provided by the statewide
  computerized voter registration list;
               (2)  be arranged alphabetically by voter name; and
               (3)  contain the notation required by Section 15.111[;
  and
               [(4)  until Section 13.122(d) expires, identify each
  voter registered by mail for the first time who failed to provide a
  copy of a document described by Section 63.0101 establishing the
  voter’s identity at the time of registration].
         SECTION 4.  Subchapter A, Chapter 18, Election Code, is
  amended by adding Section 18.0051 to read as follows:
         Sec. 18.0051.  CONTENTS OF LIST: SUBSTITUTE ADDRESS. An
  original or supplemental list of registered voters must contain a
  voter’s substitute post office box address designated by the
  attorney general under Article 56.82(b), Code of Criminal
  Procedure, for use by the voter in place of the voter’s true
  residential, business, or school address if the voter is eligible
  for early voting by mail under Section 82.007 and has submitted an
  early voting ballot application as required by Section 84.0021.
         SECTION 5.  Chapter 82, Election Code, is amended by adding
  Section 82.007 to read as follows:
         Sec. 82.007.  PARTICIPATION IN ADDRESS CONFIDENTIALITY
  PROGRAM. A qualified voter is eligible for early voting by mail if,
  at the time the voter’s early voting ballot application is
  submitted, the voter is certified for participation in the address
  confidentiality program administered by the attorney general under
  Chapter 56, Code of Criminal Procedure.
         SECTION 6.  Subchapter A, Chapter 84, Election Code, is
  amended by adding Section 84.0021 to read as follows:
         Sec. 84.0021.  CONTENTS OF APPLICATION FOR PARTICIPANT IN
  ADDRESS CONFIDENTIALITY PROGRAM; CONFIDENTIAL INFORMATION.
  (a)  An early voting ballot application submitted by a qualified
  voter who is eligible for early voting by mail under Section 82.007
  must include:
               (1)  the applicant’s name and address at which the
  applicant is registered to vote;
               (2)  the substitute post office box address designated
  by the attorney general under Article 56.82(b), Code of Criminal
  Procedure, for use by the voter in place of the voter’s true
  residential, business, or school address; and
               (3)  an indication of each election for which the
  applicant is applying for a ballot.
         (b)  The information contained in an application under this
  section relating to the address at which the applicant is
  registered to vote is confidential, except that the information
  must be disclosed if:
               (1)  requested by a law enforcement agency; or
               (2)  required by court order.
         SECTION 7.  Chapter 221, Election Code, is amended by adding
  Section 221.018 to read as follows:
         Sec. 221.018.  EXAMINATION OF CERTAIN CONFIDENTIAL
  INFORMATION. (a)  Notwithstanding Section 84.0021(b), the
  tribunal hearing an election contest may examine the information
  contained in an application under Section 84.0021 relating to the
  address at which the applicant is registered to vote.
         (b)  Information may be examined under this section only for
  the purpose of hearing an election contest.
         SECTION 8.  The attorney general shall establish the address
  confidentiality program and adopt rules to administer the program
  as required by Subchapter C, Chapter 56, Code of Criminal
  Procedure, as added by this Act, not later than June 1, 2008.
         SECTION 9.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
 

Act takes effect September 1, 2007.

 

For more information about the Address Confidentiality Program or to learn more about the eligibility criteria, contact the program at (512) 936-1750 or (888) 832-2322, or visit the agency’s Web site at www.texasattorneygeneral.gov.

STATES WHICH HAVE ADDRESS CONFIDENTIALITY PROGRAMS IMPLEMENTED FOR DOMESTIC ABUSE VICTIMS

State (year of implementation) Statute
Arkansas (2005) Ark. Stat. Ann. 27-16-810
California (1998) Cal. Govt. Code §6206
Connecticut (2004)
Florida (1998) F.S.A. §741.403
Illinois (1999) (no funding) 750 ILCS 61/
Indiana (2001) IC §5-26.5-2
Maine (2002) 5 M.S.R.A. §90-B
Massachusetts (2001) M.G.L.A. 9A §2
Nebraska (2003) Neb. Rev. Stat. §42-1201 through 42-1210
Nevada (1997) N.R.S. §217.462
New Hampshire (2001) N.H. Rev. Stat. Ann. §7:43
New Jersey (1998) N.J. Stat. Ann. §47:4-4
North Carolina (2002) N.C. Gen. Stat. §15C-1
Oklahoma (2002) 22 Okla. Stat. Ann. §60.14
Oregon (2006) 2005 Or. Laws, Chap. 821 (SB 850)
Pennsylvania (2005) 2004 Pa. Laws, Act 188
Rhode Island (1999) R.I. Gen Laws §17-28-3
Vermont (2000) 15 VSA §1152
Washington (1991) RCW §40.24.030


 

 

 

 

child welfare reform, foster care abuse, cps, education, family, foster care, government, law, system failure
FLDS: Appellate Court Rules CPS HAD NO RIGHT TO REMOVE CHILDREN

http://www.kxan.com/global/story.asp?s=8365745

AUSTIN, Texas (KXAN) — The Third Court of Appeals has ruled that Child Protective Services did not have the right to remove children from the Yearning for Zion ranch last month.

The ruling comes as a result of a document filed by Texas RioGrande Legal Aid last month. The TRLA is the largest provider of legal aid in Texas, on behalf of 48 FLDS mothers that TRLA is representing in their child custody cases.

“The way that the courts have ignored the legal rights of these mothers is ridiculous,” said TRLA attorney Julie Balovich. “It was about time a court stood up and said that was has been happening to these families is wrong.”

In the decision, the Court ruled that CPS failed to provide any evidence that the children were in imminent danger and acted hastily in removing them from their families. According to the Court, “The existence of the FLDS belief system as described by the Department’s witnesses, by itself, does not put children of FLDS parents in physical danger.”

TRLA will be holding a press conference in front of the courthouse in San Angelo Thursday at 1:30 p.m.

child death, child welfare reform, foster care abuse, cps, domestic violence, education, family, foster care, General, government, law, system failure
CPS v. FLDS: Truth v. Lies: ItsAlmostTuesday v. Media- I CALL FOR A STRIKE

I am disgusted by CPS – again. I am disgusted by the Media – again. I miss my children… again…

So, the saga continues… FLDS, CPS, ElDorado, Media, Rocky, Bullwinkle…. hrrrrm?

My day started out a little emotional with this post as I read the Dallas Morning News Opinion Blog – where Sharon Grigsby posted CPS vs FLDS: 0 for 10 yesterday and i quote:

“The Deseret News and Grits for Breakfast, among others, continue to keep close tabs on those YFZ teens that CPS claims are pregnant. Some on our staff have said they aren’t interested in my continued posts on this topic. Perhaps some readers out there are: Today’s news from the Deseret News is that it turns out no 14-year old girls were found pregnant at the YFZ Ranch during the Great Eldorado…Full Story on The Dallas Morning News:

A lawyer for a 14-year-old girl that is on a list of so-called “disputed minors” said this morning she is not pregnant as Texas child welfare authorities have alleged. “My client does not have children. (She) is not pregnant. She’s the youngest on the list of disputed minors,” said Andrea Sloan.

“The department is communicating to the public that there are 14-year olds who are pregnant,” she said. Texas Child Protective Services caseworker Ashley Kennedy said that investigations were still ongoing.

The bombshell was dropped during the hearing involving Adeline Barlow, 38, the mother of a 10-year-old and the 14-year-old.

That led to quite a discussion when Grits for Breakfast replied as follows:

Posted by Gritsforbreakfast @ 6:29 PM Wed, May 21, 2008

Your observation that “Some on our staff have said they aren’t interested in my continued posts on this topic” confirms my sense that the MSM is less interested in focusing on information that’s not full of salacious accusations against weirdo polygamists. God forbid y’all actually report the truth instead of whatever phony accusation CPS ginned up that day.Pretty amazing that your colleagues would admit it, though. The facts on which they based their opinions were invalid, but they don’t want to revisit their conclusions. I’m asking myself “Why?”, but can’t come up with a single good reason offhand besides some sort of religious bigotry. What else could possibly explain journalists’ callous indifference to truth?

Which led to other comments on DMN Opinion Blog:

Posted by Shirlee @ 6:38 PM Wed, May 21, 2008

Amen! It is very demonstrative of the media’s duplicity that these “corrections” aren’t as widely snapped up and repeated as gospel as CPS’s lies all along, such as their assertion that they were investigating sexual abuse in boys too. That was spread like wildfire through the media, with the implication that the FLDS were guilty. This turned out to be, of course, a red herring to remove attention from their other atrocities. Thanks for having the integrity to point this out.

and

Posted by Kristi @ 7:31 PM Wed, May 21, 2008

Thank you for covering this. I have a friend that keeps saying I should quit yelling their rights have been violated and read some of the books out about them and learn more about their beliefs.

WHY? Their beliefs are irrelevant as far as I am concerned. I don’t have to agree with them or disagree with them – that doesn’t matter. What matters is that people are treated humanely, and that citizen’s rights be protected. REGARDLESS of who they sleep with, or what picture hangs in their room. Jeez.

Thanks for covering this. The mainstream media is nothing but a statist mouthpiece. THey aren’t reporting because all they can do is repeat what the govt. tells them. They are afraid of real investigative journalism.

So here’s my take on it – from the perspective of a parent who has lost her child to false allegations & CPS: First I’d like to thank GritsforBreakfast and DMN Opinion Sharon Grigsby for their guts, perseverance and dedication to this story.

Doesn’t it seem eerily like the OJ Simpson Murder trial? Where everyone tuned in, it was a news sensation who-done-it, bestseller, and yet – in the mix – people forgot about Nicole & Ron, the REAL PEOPLE who were brutally murdered in an act that was not from a movie script, but from domestic violence.

These are children. These are mothers.

These are people who do not live like “normal society” – and this is their lives.

In a letter from a former FLDS member, dan fischer, to the parents involved in these proceedings, one of the things he talks about is the way these families lived, and the way these women lived as mothers. They do not have television, friends, movies or dinners out, or clubs or dancing or even pictures hanging on their walls. They have their children. Their children have their mothers. These children, if they get an education, it is not like they would get in public school. It is a different lifestyle, belief, way of thinking and living. Is it wrong? Who’s to say? IT IS ALL THEY KNOW. To say that they will need psychological therapy is an understatement. These families are forever changed. The children are no longer innocent at all, secure, or stable. They are forever altered.

Imagine today, someone comes into your office, takes your computers, your pictures, your children, friends, families, etc., and says “EVERYTHING YOU ARE DOING IS NOT NORMAL AND YOU ARE GOING TO BE RIPPED APART AND IMPRISONED FOR IT” and you just thought that’s the way things were in life … you were behaving as “normal” and someone comes and rips it all to pieces – because we forget that ‘normal’ is a perspective….

You can’t imagine it – I know I can’t… tho’ I can try. Day to day routine & what you know is based on your experiences, surroundings, teachings, and perspective. Duh… right? Now – how does that tie into the law? How does that relate to the system?

There’s the debate. But wait a minute – the children…. aren’t they the MOST IMPORTANT PART OF ALL OF THIS? Remember the children are no longer protected by the sect and their ‘no television’ rules. They are thrown into “normal’ society – for the first time – So they get their first taste of ‘normalcy’ in a place where children are 11 times more likely to be abused than at their natural home? These are children being introduced to society In a place where anger and rage and social workers and doctors and lawyers and psychotropic medications and abuse and lies and faces change and confusion and more abuse and more rage and new foster mothers and new foster fathers and new schools and new kids and danger and fear and confusion fear confusion confusion…. COME ON THESE ARE CHILDREN!

I am a mother first and foremost, and an advocate for children & families. I fight against pedophiles, crooked CPS workers, and system failures within our government. BUT WHAT THE HELL ARE THEY DOING TO THESE CHILDREN?

As a Mother having gone through this CPS involvement and false allegation thing, I want to say this:

– I know that if I had the media reporting lies & making my case into a rumor-filled-gossip office-watercooler-coffee-break discussion, I probably wouldn’t be here typing this blog post right now. I’d be dead, because I would have committed suicide at least 10 times over from the pain and humiliation and suffering that I ALREADY HAD GOING ON added to that media cherry to the top of the rumor cake. No way. I wouldn’t have made it. I do not speak lightly when I say that. I would not be here. My heart goes out to the mothers and children.

As an Advocate-Paralegal who fights against pedophiles, child abusers, and government system failures – I say this:

Lets suppose a 14 year old gets married to an adult… is the sex still considered pedophilia? If a parent ‘consents’ to marry away the child to their sex partner can they essentially thwart the law? What if that marriage – which makes it legal – is forced …. in the name of ‘consent’ but the child never speaks up… or doesn’t know better..?

Child abuse is child abuse. A child has the right to live an abuse-free life. So then, let’s define abuse….Spanking on the butt? To some – yes. To others – no… Some say “Discipline all children with the rod or the child will be unruly” – Others say “Corporal punishment of any kind is abuse…”

Some say keeping these children apart from mainstream society without the ability to choose for themselves whether or not to watch TV or whether or not to go to public school, is abuse;While to others, its a NORMAL WAY OF LIFE.

Go to college v. get a job ? Dog v. cat ? Toilet paper – put it on the roll with the pull side up? Or down?

We could argue all day long as to who is living right or who is living wrong. We could argue all day about whether or not its abusive to live in a sect or abusive to allow no religious teachings in a family.

But we cannot argue truth vs. lie.

We cannot argue the difference between fact or fiction – perjury – telling the truth in the court of law v. falsifying evidence.

WE CANNOT DEBATE WHETHER CPS WORKERS SHOULD OR SHOULD NOT LIE ABOUT THE CHILDREN AND FAMILIES THEY ARE INVESTIGATING…

IT IS NOT OKAY TO LIE ABOUT THE FACTS OF A CASE

IT IS NOT OKAY TO REPORT LIES IF YOU ARE REPORTING THE NEWS

IF YOU KNOW SOMETHING IS NOT TRUE IT IS NOT OKAY TO ADD TO THE PROPOGANDA BY TELLING THE LIE AGAIN AND AGAIN WHEN IT COMES TO REAL PEOPLE’S LIVES & THE EFFECTS IT WILL HAVE ON FAMILIES (isn’t that right Nicole, Ron?)

While everyone has an opinion, not everyone has a child.

Not everyone has a family or a family problem with CPS.

Not everyone has abuse issues in their lives, or conflicts to deal with, or a religious leader telling them one thing with a government telling them another with media saying something else with people giving opinions and everything they know being taken away, and not everyone understands what is involved in a case unless you go through it yourself.

It isn’t an easy thing to deal with when you live in mainstream society I CANNOT IMAGINE that happening to me if I lived in a removed, isolated, lifestyle like FLDS mothers, and I HAVE BEEN THROUGH IT – So if I can’t imagine it, knowing what I know, I KNOW there are most people out there who have no idea what they are talking about.

But everyone has an opinion. So, here’s mine –

I ONLY WISH I HAD THE NEWS REPORTING AND WATCHING OVER MY CASE THIS WAY WHEN I LOST MY LITTLE BOY –

Maybe then I wouldn’t have scars on my arm from my suicide attempts and the tears that fall when I post this – feeling the shame as I still write, admitting it, for the sake of children I don’t know.

If I had this kind of attention to my case, I might have back the years I lost, and the many more to come since my case caused me such despair because I WAS LIED ABOUT BY CPS TOO. Maybe I wouldn’t have lost everything I owned, friends of 20 years and my children.

Maybe my family members that I don’t see or speak to anymore would be over this weekend with my children who are not in my life anymore and we’d laugh together instead of yearning for my children & family back.

Maybe if I had someone to blog about me and my case when my son was forcibly removed and traumatized I wouldn’t have these nightmares about seeing him beaten & drugged in foster care, & the LIES BY CPS WORKERS and GAG ORDERS that made it okay to hurt my child and destroy me so a pedophile could get his revenge – finally – against me – for leaving him and trying to protect my child… REALLY protect my child….

That’s not news. That’s a life. That’s my life. My son’s life. That’s their life & their children’s lives in ElDorado. That’s the lives of your children AND mine, and unless you’ve been through this kind of horrible thing, you just may not understand.

I pray you never do understand -But for cryin’ out loud – tell the truth…. whether you’re reporting on it, or working on the case, or just talking about it to your neighbors.

If mainstream media entertainment “sells” more newspapers based on CPS LYING ABOUT THESE FAMILIES…. I URGE ALL OF YOU TO JOIN IN A STRIKE.

RIGHT NOW I URGE US ALL TO STRIKE AGAINST ANY NEWS REPORTING AGENCY, BLOG, NEWSPAPER, MAGAZINE OR OTHER NEWS/MEDIA SOURCE WHO KNOWINGLY MISREPORTS ELDORADO OR FLDS FACTS & WHO ASSISTS IN SPREADING CPS’ LIES OR WHO FAILS TO CORRECT ANY MISSTATED FACTS OF ANY FLDS/ELDORADO CHILD WHO IS GOING THROUGH THIS TRAGEDY IN THEIR FAMILY.

IF WE ALLOW CPS TO LIE ABOUT A FAMILY & CALL IT ‘NEWSWORTHY’ THEN WE ARE ALSO CHILD ABUSERS WHO SHOULD BE PUNISHED ACCORDINGLY IF WE ARE TO DO RIGHT BY THE CHILDREN. NO FAMILY DESERVES SUCH ABUSE & ATROCITY NO MATTER WHAT THEIR BELIEFS MAY BE – NO MATTER WHAT LIFESTYLE THEY LIVE.

SHOW THE TRUTH WHEN IT IS REVEALED OR BE JUDGED ALL THE SAME. TRUTH IS TRUTH. REPORT IT TRUTHFULLY OR SHUT UP. TRUTH IS TRUTH.

Please. For the sake of these families.

There’s no question about the integrity of truth v. lie ….

just like you can’t be ‘kinda pregnant’….

Because the swing of every pendulum brings with it potential adverse consequences, it is important to emphasize that in the area of child abuse, as with the investigation and prosecution of all crimes, the state is constrained by the substantive and procedural guarantees of the Constitution. The fact that the suspected crime may be heinous – whether it involves children or adults – does not provide cause for the state to ignore the rights of the accused or any other parties. Otherwise, serious injustices may result. Syl.Pt.3,WALLIS v. SPENCER, 202 F.3d 1126(9th Cir. 2000)

child custody, child death, child welfare reform, foster care abuse, cps, domestic violence, education, el dorado, Eldorado, family, foster care, General, government, law, legal, religion, system failure
FLDS parents complain of vague custody plans
0520 Polygamist Retreat_BW
Members of the Fundamentalist Church of Latter-Day Saints make their way towards the Tom Green County Courthouse in San Angelo, Texas for the first round of hearings regarding the family plans on Monday, May 19, 2008. (AP Photo/San Angelo Standard-Times, Brian Connelly)
Tuesday, 20 May 2008


Michelle Roberts – THE ASSOCIATED PRESS

SAN ANGELO, Texas — Children from a polygamist sect were the only subjects on the docket Monday at a west Texas courthouse where five judges began handling hundreds of hearings that attorneys for the children’s parents decried for their cookie-cutter approach.

State child welfare officials gave each of the more than 460 children in state custody the same template plan for parents to follow, and judges made few changes. But parents remained without answers to important questions, including whether a requirement that the children live in a “safe” environment means they can’t return to the Yearning For Zion Ranch.

Donna Guion, an attorney for the mother of a 6-year-old son of the sect’s jailed prophet, Warren Jeffs, complained the plans were so vague they would be impossible to satisfy and were contingent on psychological evaluations likely to take weeks more to complete.

“This plan is so vague and so broad that my client has no idea what she can do now,” Guion said of the boy’s mother.

Dozens of mothers in prairie dresses and fathers in button-down shirts, flanked by pro bono lawyers from the state’s most prestigious firms as well as Legal Aid, arrived at the Tom Green County courthouse hoping to learn how to regain custody of their children.

“What the parents are trying to find out here is what they need to do to get their children back, and there’s no clear answer to that,” said Rod Parker, spokesman for the Fundamentalist Church of Jesus Christ of Latter Day Saints, which runs the ranch in Eldorado.

The FLDS parents say they are being persecuted for their religion, which includes beliefs that polygamy brings glorification in heaven.

In one hearing, attorneys complained that the Book of Mormon was confiscated from some of the children at a foster facility.

“If they can openly admit they can take away the Book of Mormon from us today, it’ll be the Bible tomorrow, and it’s outrageous,” said FLDS elder Willie Jessop.

State Child Protective Services spokeswoman Marleigh Meisner said officials have not been able to confirm whether the members’ holy text was taken from them, but they have removed photos, sermons and books of Jeffs, who is a convicted sex offender.

The hearings in San Angelo, 40 miles north of the ranch, are scheduled to run for the next three weeks, and none of the judges would humor any discussion about whether the initial grounds for removing the children in a raid of the ranch last month were valid. It probably will be months before the cases are reviewed again in court.

The state also acknowledged Monday that two more sect members they listed as minors are actually adults. The state has made that mistake at least four times; child welfare officials have complained that church members have not cooperated with their efforts to determine ages and family relationships.

Texas child welfare authorities argued that all the children, ranging from newborns to teenagers, should be removed from the ranch because the sect pushes underage girls into marriage and sex and encourages boys to become future perpetrators.

Church members insist there was no abuse. They say the one-size-fits-all action plan devised by CPS doesn’t take into account specific marriage arrangements or living circumstances.

Some members of the renegade Mormon sect lived in a communal setting in large log houses they built themselves. Others lived as traditional nuclear families in their own housing on the ranch.

CPS spokeswoman Shari Pulliam said the plans look similar now but will be customized as officials get more information.

“It’s logical they all look the same. All the children were removed from the same address at the same time for the same reason,” she said. But “it’s an evolving plan.”

All the plans call for parenting classes, vocational training for the parents and require the parents to prove they can support their children. They also call for safe living environments, though they offer no specifics.

CPS supervisor Karrie Emerson said the parenting classes will be tailored to explain Texas laws regarding underage sex. “The goal isn’t to change any of their religious beliefs per se but just to educate them what might be a problem under Texas law,” she said.

CPS has said that reunification of the families by next April is the goal.

Jessop, however, said the state has made it impossible for parents comply with vague plans and to visit their children, many of whom are scattered to facilities up to 650 miles apart.

“Every parent is accused of being bad, and there’s no cure,” Jessop said.

The unwieldy custody case has been unusual from the beginning. All the children of the ranch were treated as if they belonged to a single household, so the chaotic initial hearing involved hundreds of attorneys for children and parents and broad allegations from the department about the risk of abuse.

So far, 168 mothers and 69 fathers have been identified in court documents; more than 100 other children had unknown parents as the hearings got under way. DNA samples have been taken, but the first results are at least two weeks away.

The children were removed from the ranch during an April 3 raid that began after someone called a domestic abuse hot line claiming to be a pregnant 16-year-old abused by a much older husband. The girl has never been found and authorities are investigating whether the calls were a hoax.

The FLDS is a renegade breakaway of the Mormon church, which renounced polygamy more than a century ago.

Sect leader Jeffs, who is revered as a prophet, has been sentenced to prison in Utah for being an accomplice to rape in arranging a marriage of a 14-year-old follower to her 19-year-old cousin. He is awaiting trial in Arizona, where he is charged as an accomplice with four counts each of incest and sexual conduct.

Court documents listed 10 children of Jeffs living at the ranch. If DNA tests confirm that any of the children are his, the children will be allowed to keep a photo, said Meisner, the CPS spokeswoman.

child welfare reform, foster care abuse, cps, family, foster care, General, government, law, legal, social worker
When Children Services Comes Knocking

Children Services was founded to protect abused children.

However, they have now become the largest group of child abusers.

How do you stop them?

***Force them to obey the laws of the State and the United States of America***

The most commonly broken laws and regulations are:

*Agency staff enters homes and schools without court orders or search warrants.
Just like any other government agent, caseworkers (social workers) cannot enter your home without either your permission or an order signed by a judge or magistrate.

*Children are only to be removed if they are in “imminent danger.”

This does not mean your children can be removed because you spanked them or your refrigerator is broken. (If your home has mold and feces, then they can take your child. If they have sustained life- threatening or permanent injuries, then they can take your child.)

*Caseworkers (social workers) cannot interview your child without your knowledge unless they have a court order to do so.

Schools must cooperate with investigations, but you must be informed. Children should not be taken from school without a court order.

Every effort must be taken to keep a family together before the removal of children. This measure should be taken as a last resort only.

If it is determined that the children must be removed, they should be place with family whenever possible.

Do not sign a case plan unless it has been court ordered! Otherwise, you have been tricked into giving up your rights to fight any/all allegations. You are admitting that you have abused/neglected your children. (These are sometimes referred to as Service Plans.)

It is unlawful for caseworkers (social workers) to threaten you with the removal of your children for exercising your Constitutional Rights.

child death, child welfare reform, foster care abuse, cps, domestic violence, General, law, legal, social services, system failure children
Texas Laws on Child Abuse

Reporting Child Abuse

Mandated Reporting

Texas Family Code

261.101 Persons required to report

A person (everyone) having cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report as provided by this subchapter. This requirement to report under this section applies without exception to an individual whose personal communications may otherwise be privileged, including an attorney, a member of the clergy, a medical practitioner, a social worker, a mental health professional, and an employee of a clinic or health care facility that provides reproductive services. The identity of the reporter is confidential and may only be released by order of court or to law enforcement agency conducting a criminal investigation.

Texas Family Code

261.103 Report made to appropriate agency

A report shall be made to: any local or state law enforcement agency; Child Protective Services if the alleged or suspected abuse involves a person responsible for the care, custody, or welfare of the child; the state agency that operates, licenses, certifies, or registers the facility in which the alleged abuse or neglect occurred; or the agency designated by the court to be responsible for the protection of children.

Texas Family Code

261.104 Contents of report

Person making report shall identify, if known:

name and address of child; name and address of person responsible for the care, custody, or welfare of child; and any other pertinent information concerning the alleged or suspected abuse or neglect.

Texas Family Code

261.106 Immunities

Persons acting under good faith who reports or assists in the investigation of a report of alleged child abuse or neglect or who testifies or otherwise participates in a judicial proceeding arising from a report, petition, or investigation of alleged child abuse or neglect is immune from civil or criminal liability that might otherwise be incurred or imposed.

Texas Family Code
261.107 False report
A person commits an offense if the person knowingly makes a report under this chapter that the person knows is false or lacks factual foundation. The offense is a Class A misdemeanor (up to 1 year in jail and/or $4,000 fine).

Texas Family Code
261.109 Failure to report
A person commits an offense if the person has cause to believe that a child’s physical or mental health or welfare has been or may be adversely affected by abuse or neglect and knowingly fails to report as provided in this chapter. The offense is a Class B misdemeanor (up to 180 days in jail and/or $2,000 fine).

Child Outcry Statements

Texas Code of Criminal Procedure 38.072

Hearsay statement of child abuse victim
Statements of a child under the age of 13 who is a victim of sexual offenses or assaultive offenses made to the first person 18 years of age or older are an exception to hearsay rule and that person can testify directly as to what the child said to them.

Privileged Communications

Civil

Texas Family Code
261.202 Privileged Communication
In a proceeding regarding the abuse or neglect of a child, evidence may not be excluded on the ground of privileged communication except in the case of communications between an attorney and client.

Criminal

Texas Code of Criminal Procedure 38.10 Exceptions to spousal privilege
The privilege of a person’s spouse not to be called as a witness for the state does not apply in any proceeding in which the person is charged with a crime committed against the person’s spouse, a minor child, or a member of the household of either spouse.

Texas Rules of Criminal Evidence 503 and 505

The privileged communications afforded by attorney/client and clergyman/ client relationships applies to criminal prosecutions except as noted in the Texas Family Code 261.101 (initial reporting).

Statute of Limitations

None –
murder/manslaughter

10 years past child’s 18th birthday –
aggravated sexual assault of a child
sexual assault of a child
indecency with a child by contact

10 years- indecency with a child by exposure

  • All persons are
    required by law to report child abuse.

  • The report can be made
    to law enforcement, Child Protective Services, or the agency regulating the
    facility where the abuse is occurring.

  • Report should contain
    name/address of child and caregiver as well as information regarding the
    abuse.

  • Information about the
    reporting person is confidential except if ordered by court or to aid law
    enforcement in their investigation.

  • Persons reporting in
    good faith are immune from civil or criminal punishment.

  • Persons making
    intentional false reports can be punished criminally.

  • Persons failing to
    make a report can be punished criminally.

  • Hearsay (statement
    made by another person) is usually not admissible in court. In cases
    where a child is a victim under 13, the first person the child told about
    the abuse 18 or over can testify to the hearsay statement.

  • There is no privileged
    communication in civil child abuse cases except for statements to your
    attorney.

  • The only privileged
    communication in a criminal child abuse case is those to your attorney and
    your clergyman.

  • A spouse or other
    family member can be compelled to testify against anyone.

  • The time that a person
    can be charged after committing sexual abuse of a child is up to 28 years
    except in cases of child death in which case there is no set time to bring
    charges after the commission of the offense.

source: ATCCAC Home Page

child custody, child welfare reform, foster care abuse, cps, Eldorado, family, foster care, government, law, legal, system failure
ElDorado Childrens’ Removal by CPS was based on False Allegations

But still … they are keeping the kids in foster care…. ?  Why?

Warrant dropped against man named in polygamist retreat raid

May 2, 2008

ELDORADO, Texas (AP) — An arrest warrant has been dropped for a man thought to be the husband of a teenage girl whose report of abuse triggered a raid on a polygamous sect’s Texas compound, authorities said Friday.

A Texas Department of Public Safety spokesman would not say why the warrant was dropped for Dale E. Barlow, 50, who lives in Colorado City, Ariz. Barlow has denied knowing the 16-year-old girl who called a crisis center.The girl reported that she was a member of the Fundamentalist Church of Jesus Christ of Latter Day Saints and that she was beaten and raped at the sect’s Eldorado ranch.

An investigation led to the April 3 raid, in which state welfare workers took 463 children living at the Yearning For Zion Ranch. A boy was born to one of the sect’s mothers Tuesday; he and the other children remain in state custody.

Authorities have not located the 16-year-old girl and are investigating the source of the call.

Public Safety spokesman Tom Vinger would not say when the warrant for Barlow was dropped, only that “it is no longer active.”

Rob Parker, an FLDS spokesman, said the dropped warrant shows the weakness of the state’s case against residents of the ranch.

“I think that’s just one more piece of evidence that the whole basis on which this raid was premised was unfounded and was inadequately checked out, to the formulation of what basically amounted to an army that went in there and took their children,” Parker said.

The phone number used to call the crisis center is the same one once used by a Colorado woman, identified as 33-year-old Rozita Swinton of Colorado Springs, accused of making previous false reports of abuse.

Investigators have not said whether Swinton made the call to Texas authorities, though Vinger said she is “still considered a person of interest.”

“There is an investigation centering on that,” Vinger said. “We have quite a bit of evidence that still needs to be analyzed.”

A judge has ruled that children removed from the ranch should stay in state custody until all can have a hearing.

Child welfare officials told the judge the children were living in an authoritarian environment that left girls at risk of sexual abuse and raised boys to become sexual perpetrators.

The FLDS is a group that splintered from the Mormon Church, which does not recognize the sect and disavows polygamy.

In Utah, members of the polygamous church have asked the state’s governor to intervene in its fight with Texas authorities over the custody the children.

A letter written by FLDS elder Willie Jessop says Texas officials are rejecting Utah-issued birth certificates and other documents as “fake.”

The letter asks Gov. Jon Huntsman to exercise his executive authority to assist in protecting the civil rights of native Utahns and FLDS members. FLDS parents claim they have been denied their due process by the Texas courts.

“Without your leadership and personal intervention in this matter, the parental rights of every Utah family is at risk,” Jessop wrote.

Huntsman spokeswoman Lisa Roskelly said the governor has been in contact with Jessop and was reviewing his request.

child death, child sex crimes, child welfare reform, foster care abuse, death penalty, domestic violence, family, General, government, law, legal, rape, sexual assault, system failure, U.S. Supreme Court
Texas Argues Death Penalty For Child Rapists

http://www.dallasnews.com/sharedcontent/dws/dn/yahoolatestnews/stories/041708dnnatscotus.6c5b97cf.html?npc
 
U.S. Supreme Court to hear Texas argue death penalty for child rapists
08:39 AM CDT on Wednesday, April 16, 2008
By BRENDAN MCKENNA / The Dallas Morning News
bmckenna@dallasnews.com
 
WASHINGTON — Texas says sometimes the sexual assault of a child can be so violent or obscene that the only appropriate punishment is to execute the offender.
 
And Wednesday, Texas Solicitor General Ted Cruz will make that case to the U.S. Supreme Court, arguing that state legislatures have the constitutional right to allow the death penalty for child rapists.
 
The case before the court, Kennedy vs. Louisiana, concerns a Louisiana law and the case of a Jefferson Parrish, La., man convicted of raping his 8-year-old stepdaughter. But striking down that law could call into question Texas’ 2007 “Jessica’s Law,” which allows the execution of certain repeat child sex offenders.
 
The Supreme Court ruled 30 years ago that death was an excessive penalty for the aggravated rape of a 16 year-old girl. But Mr. Cruz said that decision implicitly left open the door for capital punishment for the rape of children in referring to that victim as an adult.
“The damage inflicted on this 8-year-old girl … will remain with her every day of her life,” Mr. Cruz said. “The Constitution does not prohibit elected legislatures from making the determination that the most egregious forms of child rape should permit the jury to impose the most serious sentence.”
 
But the prospect of capital punishment could lead to fewer abuses being reported because most child sexual abuse is committed by someone known to and even loved by the victims, said Judy Benitez, executive director of Louisiana Federation Against Sexual Assault. The group is leading a coalition of victims groups opposed to applying the death penalty for child rapes, including the Texas Association Against Sexual Assault.
 
“These are extremely manipulative people,” she said. “They say to the child, ‘If you tell, you’re going to make the police come and take me away, and then how is Mom going to pay the bills.’ They put it very much on the child.”
 
The groups also argue that if the death penalty can be imposed for child rape, it could make some offenders more likely to kill their victims to prevent them from testifying, she said.
Aside from the moral arguments, David Bruck, executive director of the Virginia Capital Case Clearinghouse at Washington and Lee Law School, said Mr. Cruz and the lawyers for Louisiana face serious legal hurdles.
 
“The Supreme Court doesn’t take very many easy cases, but this should be one,” he said. “The rape of a child is not the same as killing a child, that’s basically what the court said [in 1977]. … Horrible as the crime is, it is not equivalent.”
 
Mr. Bruck said the court could strike down the Louisiana law and leave Texas’ statute intact because it more narrowly restricts cases in which the death penalty could apply. A ruling is expected later this year.
 
Arguments for and against allowing the execution of those who sexually assault children:
AGAINST
Execution is “cruel and unusual punishment” when applied to child rape cases because the Supreme Court already ruled that it is excessive in rape cases when the victim was not also killed.
 
Executions for child rape mean the penalties for rape and murder are the same so an offender may be more likely to kill a victim.
 
Executing child rapists may make it more likely for some child sexual abuse to go unreported.
 
Louisiana’s law, the subject of the case being argued today, is too broad because it could apply to any rape of a child under 12, not just the most egregious.
 
FOR:

 Execution is not necessarily barred by previous rulings as excessive for all rape cases, merely for the rape of an adult woman.
 
Violent rape of a child is particularly egregious and shows “a degree of manifest evil, that is qualitatively” different from other rapes.
 
Society’s moral standards are evolving to recognize the horror and damage caused by child rape and impose stricter punishments on perpetrators.
 
Louisiana’s aggravated rape law, which also includes rape of the elderly, allows the death penalty only for rape of children under 12.