Posted Jun 23, 2008, 07:16 am CDT

By Debra Cassens Weiss

The daughter of polygamous sect leader Warren Jeffs has told her attorney ad litem in an e-mail to step aside. She sent a copy of the missive to the Salt Lake Tribune.

The teen, 16-year-old Teresa Jeffs, told the newspaper in an interview that Texas lawyer Natalie Malonis is restricting her visits with the people who matter most in her life and has barred her from corresponding with her father, who has been jailed since 2006. The disagreement has created a rift with Malonis.

"The most help you will be to me now is for you to step aside and let me get a different lawyer that I feel like can help me," Teresa Jeffs said in the e-mail.

Malonis has succeeded in getting a temporary order barring Teresa Jeffs from contact with Willie Jessop, a spokesman for the polygamous sect, the newspaper reports. Another hearing on the matter is scheduled for Tuesday.

Malonis told the paper she is trying to keep the girl free of outside influence. "Right now, that's not happening," Malonis said. "There is no question I am absolutely looking out for her. … What's happening is really a shame because people who purport to care about her are really doing her a disservice."

Texas law requires attorneys ad litem to represent their clients’ position in court, unless the clients are not acting in their own best interest, according to the story. Malonis has said in court papers that police believe Teresa Jeffs was spiritually married to an older man when she was 15.

На горния адрес НАП публикува съобщения по чл.32 от ДОПК - за болшинството от вас това не значи нищо... но за малка част е важно защото:

Ако намерите съобщение за Вас в този бюлетин, трябва незабавно да посетите ТД/офис. Администрацията на НАП е подготвила това съобщение, за да Ви уведоми, че е започнала процедура по връчване чрез прилагане към досието Ви.

Съобщенията се поставят на видно място в подразделенията на НАП и се публикуват в Интернет.

Ако в 14 - дневен срок от поставянето на съобщението не се явите в Териториалната дирекция/офис, то ще се смята за редовно връчено и ще бъде приложено към досието Ви.

Мисля е ясно за какво става дума... Ако пропуснете да видите въпросното съобщение в Интернет или в офиса на ТД на НАП, то ще се счита за връчено със всичките произтичащи от това последствия... а те не са никак приятни обикновено.

Това значи, че ако сте фирмичка трябва редовно да влизате в сайта на НАП на горния адрес и да проверявате БУЛСТАТ-а си... За една фирма е ОК, но ако обслужвате десетина или стотитна фирми, ако сте счетоводна кантора? Голямо писане на БУЛСТАТ-и и кликане пада... Ето за това си спретнах едно просто perl скриптче, което да проверява вместо мен. В един обикновен текстов файл слагам всички БУЛСТАТ-и които ме вълнуват, по един на ред. Файлчето кръщавам bulstats.txt и го слагам в директорията на скрипта. Изстрелвам скрипта и той праща заявки към сайта на НАП за всеки БУЛСТАТ от файлчето bulstats.txt - ако НАП има съобщения за този БУЛСТАТ скрипта записва html страницата в директорията си, за да може да прегледам съобщенията, като за име на файла използва БУЛСТАТ номера. В отделно текстово файлче записва всичко намерено във формат "BULSTAT - NAP MESSAGES".

Просто не забравяйте да поставите БУЛСТАТ номерата, които искате да проверите, във файл bulstats.txt в директорията на скрипта...

Естествено скрипта не е перфектен, аз не съм професионален програмист, а просто мързелив сисадмин, който се опитва да улесни живота, своя и на колегите си - има много да се дяла, но като за първа работеща версия е ОК - върши това което се иска от него... Всички предложения за подобрения, подобрения и модификации на кода са повече от добре дошли... единственото изискване е да ги споделите с всички.

begin perl code-->

#!/usr/bin/perl

use strict;
use warnings;
use POSIX qw(strftime);
use LWP::UserAgent;
use HTTP::Request::Common qw(POST);

sub trim($);

my $bulstat = "";
my $messages = "";
my $data_file="bulstats.txt";
my $currdate = strftime("%d/%m/%Y/@%H:%M:%S",localtime);
my $sitedata= strftime("%Y%m%d%H%M%S.txt",localtime);

open(DAT,">>$sitedata") || die("Cannot Open File");
print DAT "Date: $currdate\n\n";
print DAT "BULSTAT# - NRA MESSAGES\n";
print DAT "=================================\n";
open(DAT, $data_file) || die("Could not open file!");
print "Read BULSTATS form file bulstats.txt...\n";
my @raw_data=<DAT>;
close(DAT);

foreach $bulstat (@raw_data)
{
print "Processing BULSTAT# ".$bulstat;
my $ua = LWP::UserAgent->new;
$ua->agent("Mozilla");
my $req = (POST 'http://212.122.164.84/regIzdirvaniSearch/search_res.jsp',["egn" => "","bulst" => $bulstat]);
my $request = $ua->request($req);
my $content = $request->content;
$content = trim($content);
$bulstat = trim($bulstat);

open(DAT,">>$sitedata") || die("Cannot Open File");

if ($content ne "Няма намерени записи." and $content ne "") {

print DAT $bulstat." - ";

while ($content=~m{№</font> (.*)</td>}g) {

if ($messages eq "") {
$messages = $1;}
else {
$messages = $messages.", ".$1;
}
}

print DAT $messages;
print DAT "\n";
$messages="";
open (HTML, ">$bulstat".".html");
print HTML $content;
close(HTML);

}

close(DAT);

}

print "All done - results are in file result.txt\n";

sub trim($)

{
my $string = shift;
$string =~ s/^\s+//;
$string =~ s/\s+$//;
return $string;
}

exit;

<--end perl code

Има и компилирана версия на скрипта, която може да се изпълнява под Уиндоус без инсталиран perl интерпретатор. Компилирана версия се стартира с просто двойно кликане. Може да я получите на имейл, като я поискате от getnap<at>abv<dot>bg

Click Here to view the 1385 Online Petition Signatures to Impeach Texas District Judge Barbara Walther Over FLDS Fiasco

Both an appellate court and the Texas Supreme Court have ruled that the children and parents must be reunified. Even now Judge Walther is blocking the reunification by attempting to get parents to sign agreements with Child Protective Services before they can be reunited with their children.

Barbara Walther's actions constitute one of the greatest violation of constitutional rights in the State of Texas and she should be impeached and removed from office. This petition will be forwarded to Texas lawmakers after enough signatures are collected.

Signing this petition does not mean that you necessarily support the FLDS and their religious views.

(This petition was created by a third party who is not necessarily affiliated with nor is this petition the true reflection of the opinion of It's Almost Tuesday - the views and opinions of this Petition is wholly its own, and independent of Its Almost Tuesday.  We are simply sharing the petition's information for those who wish to sign it.)

Petition:

Whereas Texas 51st District Judge Barbara Walther has violated the constitutional rights of more than 400 children and their parents of the Fundamentalist Latter Day Saints Church (FLDS);

and whereas Judge Barbara Walther took an oath to defend and protect the Constitution of the United States and the Constitution of the State of Texas and has violated that oath;

and whereas both an appellate court and the Texas Supreme Court have sided with the FLDS children and their parents against Judge Barbara Walther;

and whereas the actions of Judge Barbara Walther have resulted in a great financial cost to the State of Texas and its taxpayers;

and whereas Judge Barbara Walther's actions constitute one of the greatest violations of constitutional rights in the history of the State of Texas;

and whereas Judge Barbara Walther should have known ahead of time that what she was doing was unconstitutional, since the Island Pond Raid in the State of Vermont in 1984 was almost identical, and there are other similar cases on record where judges refused to support unconstitutional raids by Child Protective Services;

and whereas Judge Barbara Walther has impeded the reunification of parents with their children, even after the Texas Supreme Court ruled that they should be reunified;

we ask that proceedings begin immediately for the impeachment of District Judge Barbara Walther of the State of Texas.

Click Here to Sign the petition

The Impeach Texas District Judge Barbara Walther Over FLDS Fiasco petition to State of Texas was written by Daniel T. Weaver and is hosted free of charge at GoPetition.

please promote this petition

This is case law that I'm sure will be used throughout many cases in the future of CPS court.  This is a huge advancement for all families who have been wrongly separated by CPS who have not followed the law like they are now being forced to.  These children will surely find their way into history and law books to come and hopefully save the children of our future from suffering much the same fate.

CLICK HERE TO READ THE ACTUAL COURT

RULING OF THE TEXAS THIRD DISTRICT COURT

OF APPEALS MEMORANDUM OF LAW

FLDS vs. CPS

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.

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

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)

While we talk about foster care abuse that goes on, there is a little bit of a difference between saying the words "child abuse" and actually seeing a description of what real adults are doing (or not doing) to these children.... in the name of 'protection'... and using tax payers money to-boot.

I plan on doing lists like these every once in a while... keep us checking in on Texas Foster Care facilities... checkin' in on the children.

Standard Number 749.1521(4)

Standard Description: Medication Storage-Store medication covered by Section II of the Texas Controlled Substances Act under double lock in a separate container

Technical Assistance Given: Yes

Narrative

Several medications covered by Section II of the Texas Controlled Substances Act were found in a locked box in an unlocked cabinet. The cabinet was in the foster mother's office, which was also unlocked. These medications, therefore, were not kept under double lock at the time of inspection.

Standard Number: 749.2471(9)(D)

Standard Description:Verification Certificate specifies the ages and gender(s) of children for which the home is verified

Technical Assistance Given: No

Narrative The verification certificate at the home did not match the characteristics of the children placed. The certificate indicated the home was verified for children ages 10 to 17 even though a 7-year-old child was placed in the home.

Standard Number: 16102

Standard Description: Children must not be Abused or Neglected

Technical Assistance Given: No

Narrative A young foster child was sexually assaulted by an older child in the home. The older child was arrested for sexual assault.

Standard Number: AF22101

Standard Description: Children must not be Abused or Neglected

Technical Assistance Given: No

Narrative The evidence gathered supports that the foster mother abused the foster child by striking the child on the head and possibly causing a bruise.

Standard Number: AF23102b

Standard Description: Discipline - Not be Physically

Emotionally Damaging to Child

Technical Assistance Given: No

Narrative

The evidence gathered supports that the foster parent struck the foster child on the head as an inappropriate form of discipline.

Standard Number: AF23102a

Standard Description: Discipline - Consistent with

Agency Policies

Technical Assistance Given: No

Narrative

The evidence gathered supports that the foster mother used a restraint that is inconsistent with the PMB restraint system used by the CPA.

Standard Number: 749.1957(1)

Standard Description: Other Prohibited Discipline - Any harsh, cruel, unusual, unnecessary, demeaning, or humiliating discipline or punishment

Technical Assistance Given: Yes

Narrative

Two children reported foster mother threw a gas cap at one of them when the child rummaged through her purse.

Standard Number: 749.2593(a)(4)

Standard Description: Supervision-The caregiver is responsible for being able to intervene when necessary to ensure each child's safety

Technical Assistance Given: No

Narrative There was an addendum to the safety plan that included the foster child not have access to pens and pencils. The addendum was discussed with the foster mother on 4/4/08 and then sent to her on 4/10/08; the foster mother signed and dated it. The safety plan states that the foster parent will ensure that the foster child does not have access to any sharp objects, including pencils and pens. The foster mother was aware that the foster child had a bag full of ballpoint pens and (unsharpened) pencils just prior to the child using a pen to hurt another child in the home. The foster mother stated she was not concerned about the foster child having the pens and pencils as he needs them for school. The foster mother did not take the necessary steps to ensure each child's safety in the home.

Standard Number 749.1521(4)

Standard Description: Medication Storage-Store medication covered by Section II of the Texas Controlled Substances Act under double lock in a separate container

Technical Assistance Given: Yes

Narrative

Several medications covered by Section II of the Texas Controlled Substances Act were found in a locked box in an unlocked cabinet. The cabinet was in the foster mother's office, which was also unlocked. These medications, therefore, were not kept under double lock at the time of inspection.

Standard Number: 749.2471(9)(D)

Standard Description: Verification Certificate specifies the ages and gender(s) of children for which the home is verified

Technical Assistance Given: No

Narrative The verification certificate at the home did not match the characteristics of the children placed. The certificate indicated the home was verified for children ages 10 to 17 even though a 7-year-old child was placed in the home.

Standard Number: 16102 Standard Description: Children must not be Abused or Neglected

Technical Assistance Given: No

Narrative A young foster child was sexually assaulted by an older child in the home. The older child was arrested for sexual assault.

Standard Number: AF22101

Standard Description: Children must not be Abused or Neglected

Technical Assistance Given: No

Narrative The evidence gathered supports that the foster mother abused the foster child by striking the child on the head and possibly causing a bruise.

Standard Number: AF23102b

Standard Description: Discipline - Not be Physically

Emotionally Damaging to Child

Technical Assistance Given: No

Narrative

The evidence gathered supports that the foster parent struck the foster child on the head as an inappropriate form of discipline.

Standard Number: AF23102a

Standard Description: Discipline - Consistent with Agency Policies

Technical Assistance Given: No

Narrative

The evidence gathered supports that the foster mother used a restraint that is inconsistent with the PMB restraint system used by the CPA.

Standard Number: 749.1957(1)

Standard Description: Other Prohibited Discipline - Any harsh, cruel, unusual, unnecessary, demeaning, or humiliating discipline or punishment

Technical Assistance Given: Yes

Narrative

Two children reported foster mother threw a gas cap at one of them when the child rummaged through her purse.

Standard Number: 749.2593(a)(4)

Standard Description: Supervision-The caregiver is responsible for being able to intervene when necessary to ensure each child's safety

Technical Assistance Given: No

Narrative There was an addendum to the safety plan that included the foster child not have access to pens and pencils. The addendum was discussed with the foster mother on 4/4/08 and then sent to her on 4/10/08; the foster mother signed and dated it. The safety plan states that the foster parent will ensure that the foster child does not have access to any sharp objects, including pencils and pens. The foster mother was aware that the foster child had a bag full of ballpoint pens and (unsharpened) pencils just prior to the child using a pen to hurt another child in the home. The foster mother stated she was not concerned about the foster child having the pens and pencils as he needs them for school. The foster mother did not take the necessary steps to ensure each child's safety in the home.

Standard Number: 749.2593(a)(5)

Standard Description: Supervision-The caregiver is responsible for not performing tasks that clearly impede the caregiver's ability to supervise

Technical Assistance Given: No

Narrative Caregiver failed to supervise a child while they were playing with another child in a separate room. The service plan requires the child to have line of sight supervision while playing with other children.

Standard Number: 749.3041(4)

Standard Description: Physical Environment-foster home must

ensure that flammable or poisonous substances are stored out of the

reach of children

Technical Assistance Given: No

Narrative

A box of matches was found in the hallway of the home by one of the children residing in the home. This child held on to the matches and did not alert the foster parents that the matches had been found. This box of matches was hidden back in the foster parents' bedroom. Additionally the foster child in respite care over the Thanksgiving holiday was able to access another box of matches that she found in the dresser drawer of the room she was sleeping in. This child started a fire in the wastebasket of the bedroom with there matches. This box of matches was retrieved from the medicine cabinet in the bathroom.

Standard Number: 749.503(a)(9)A(ii)

Standard Description:

Serious Incident-Report to Licensing no later than 24 hours after determining a child 13 years old or older is missing

Narrative

The operation waited more than 24 hours before reporting to licensing that a 17 year old had run away from his foster home.

Standard Number: 749.2593(a)(3)

Standard Description:

Supervision-The caregiver is responsible for ensuring each child's safety and well being, including auditory and/or visual awareness of the child

Technical Assistance Given: No

Narrative

Foster mother, Cozette, stated she had talked with her case manager about using a baby monitoring for one of the children in her care due to his seizure disorder. At the inspection of the foster home one of the receivers for the baby monitor was unplugged and under a kitchen cabinet. Cozette stated she had not used the baby monitor on the night that the child had a seizure.

Standard Number 749.1521(4)

Standard Description: Medication Storage-Store medication covered by Section II of the Texas Controlled Substances Act under double lock in a separate container

Technical Assistance Given: Yes

Narrative

Several medications covered by Section II of the Texas Controlled Substances Act were found in a locked box in an unlocked cabinet. The cabinet was in the foster mother's office, which was also unlocked. These medications, therefore, were not kept under double lock at the time of inspection.

Standard Number: 749.2471(9)(D)

Standard Description:

Verification Certificate specifies the ages and gender(s) of children for which the home is verified

Technical Assistance Given: No

Narrative The verification certificate at the home did not match the characteristics of the children placed. The certificate indicated the home was verified for children ages 10 to 17 even though a 7-year-old child was placed in the home.

Standard Number: 16102

Standard Description: Children must not be Abused or Neglected

Technical Assistance Given: No

Narrative A young foster child was sexually assaulted by an older child in the home. The older child was arrested for sexual assault.

Standard Number: AF22101

Standard Description: Children must not be Abused or Neglected

Technical Assistance Given: No

Narrative The evidence gathered supports that the foster mother abused the foster child by striking the child on the head and possibly causing a bruise.

Standard Number: AF23102b

Standard Description: Discipline - Not be Physically or Emotionally Damaging to Child

Technical Assistance Given: No

Narrative

The evidence gathered supports that the foster parent struck the foster child on the head as an inappropriate form of discipline.

Standard Number: AF23102a

Standard Description: Discipline -Consistent with Agency Policies

Technical Assistance Given: No

Narrative

The evidence gathered supports that the foster mother used a restraint that is inconsistent with the PMB restraint system used by the CPA.

Standard Number: 749.1957(1)

Standard Description: Other Prohibited Discipline - Any harsh, cruel, unusual, unnecessary, demeaning, or humiliating discipline or punishment

Technical Assistance Given: Yes

Narrative

Two children reported foster mother threw a gas cap at one of them when the child rummaged through her purse.

Standard Number: 749.2593(a)(4)

Standard Description: Supervision-The caregiver is responsible for being able to intervene when necessary to

ensure each child's safety

Technical Assistance Given: No

Narrative There was an addendum to the safety plan that included the foster child not have access to pens and pencils. The addendum was discussed with the foster mother on 4/4/08 and then sent to her on 4/10/08; the foster mother signed and dated it. The safety plan states that the foster parent will ensure that the foster child does not have access to any sharp objects, including pencils and pens. The foster mother was aware that the foster child had a bag full of ballpoint pens and (unsharpened) pencils just prior to the child using a pen to hurt another child in the home. The foster mother stated she was not concerned about the foster child having the pens and pencils as he needs them for school. The foster mother did not take the necessary steps to ensure each child's safety in the home.

Standard Number: 749.2593(a)(5)

Standard Description:

Supervision-The caregiver is responsible for not performing tasks that clearly impede the caregiver's ability to supervise

Technical Assistance Given: No

Narrative

Caregiver failed to supervise a child while they were playing with another child in a separate room. The service plan requires the child to have line of sight supervision while playing with other children.

Standard Number: 749.3041(4)

Standard Description:Physical Environment-foster home must ensure

that flammable or poisonous substances are stored out of the reach of

children

Technical Assistance Given: No

Narrative

A box of matches was found in the hallway of the home by one of the children residing in the home. This child held on to the matches and did not alert the foster parents that the matches had been found. This box of matches was hidden back in the foster parents' bedroom. Additionally the foster child in respite care over the Thanksgiving holiday was able to access another box of matches that she found in the dresser drawer of the room she was sleeping in. This child started a fire in the wastebasket of the bedroom with there matches. This box of matches was retrieved from the medicine cabinet in the bathroom.

Standard Number: 749.503(a)(9)A(ii)

Standard Description:

Serious Incident-Report to Licensing no later than 24 hours after determining a child 13 years old or older is missing

Narrative

The operation waited more than 24 hours before reporting to licensing that a 17 year old had run away from his foster home.

Standard Number: 749.2593(a)(3)

Standard Description:

Supervision-The caregiver is responsible for ensuring each child's safety and well being, including auditory and/or visual awareness of the child

Technical Assistance Given: No

Narrative

Foster mother, Cozette, stated she had talked with her case manager about using a baby monitoring for one of the children in her care due to his seizure disorder. At the inspection of the foster home one of the receivers for the baby monitor was unplugged and under a kitchen cabinet. Cozette stated she had not used the baby monitor on the night that the child had a seizure.

Standard Number: 749.2593(a)(5)

Standard Description:

Supervision-The caregiver is responsible for not performing tasks that clearly impede the caregiver's ability to supervise

Technical Assistance Given: No

Narrative

Caregiver failed to supervise a child while they were playing with another child in a separate room. The service plan requires the child to have line of sight supervision while playing with other children.

Standard Number: 749.3041(4)

Standard Description:

Physical Environment-foster home must ensure that flammable

or poisonous substances are stored out of the reach of children

Technical Assistance Given: No

Narrative

A box of matches was found in the hallway of the home by one of the children residing in the home. This child held on to the matches and did not alert the foster parents that the matches had been found. This box of matches was hidden back in the foster parents' bedroom. Additionally the foster child in respite care over the Thanksgiving holiday was able to access another box of matches that she found in the dresser drawer of the room she was sleeping in. This child started a fire in the wastebasket of the bedroom with there matches. This box of matches was retrieved from the medicine cabinet in the bathroom.

Standard Number: 749.503(a)(9)A(ii)

Standard Description:

Serious Incident-Report to Licensing no later than 24 hours after determining a child 13 years old or older is missing

Narrative

The operation waited more than 24 hours before reporting to licensing that a 17 year old had run away from his foster home.

Standard Number: 749.2593(a)(3)

Standard Description:

Supervision-The caregiver is responsible for ensuring each child's safety and well being, including auditory and/or visual awareness of the child

Technical Assistance Given: No

Narrative

Foster mother, Cozette, stated she had talked with her case manager about using a baby monitoring for one of the children in her care due to his seizure disorder. At the inspection of the foster home one of the receivers for the baby monitor was unplugged and under a kitchen cabinet. Cozette stated she had not used the baby monitor on the night that the child had a seizure.

• Every day more than 3 children die as a result of abuse and neglect. Over 75% of the child abuse fatalities were children under the age of 5.

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