FLDS Texas Child Welfare Raid Part I

Unless you have been really isolating yourself from the media over the past few weeks, you are likely aware that child protective services in Texas conducted a raid on an FLDS (not to be confused with the Mormon church, which Mitt Romney is a part of, FLDS is a splinter group) compound based on allegations of sexual abuse, welfare fraud, domestic violence, and marriage of underage girls to older men.

 A few hundred children were taken into state protective services while the mess is sorted out.  Since the children & the adults have been indoctrinated to believe all outsiders are the enemy, they are confounding officials by lying about whose child is whose, lying about their ages, and their names.  Most of the children do not have birth certificates b/c they were delivered at home. You can read an article from the Salt Lake Times here. 

 The absolute best book I have read regarding Mormonism & the difference between Mormon’s and the FLDS is Jon Krakauer’s book, Under the Banner of Heaven.  I cannot recommend it enough.  The thing I appreciate so much about his book is that it is extremely religiously unbiased and written from a journalistic perspective, not a religious one.  Even if you would not call yourself a reader, this book will keep you interested.  I would lend it to you, but my cousin has it and I don’t think I will ever see it again (that was 3 years ago).

         The raid has sparked  A LOT of controversy from professionals of every type, and if you listen closely to the arguments being leveled against the authorities, they fall broadly into one of two camps:

1.) Religious persecution- people claim that unless the child is underage that is given in marriage, this behavior (polygamy) is a religious issue, not a moral issue that should be dealt with in the public square.  This is violating their rights. The claim also runs the course of saying that the state should not be interfering with matters of child welfare except in the most extreme of circumstances.. i.e. the “isolated” case within the compound.

2.)  Emotional Outrage- People in general are very upset at seeing children separated from their mothers en masse (over 400 in all).  Many, many people are comparing this to the US government treating the kids like cattle, or the treatment of those of Asian descent during WWII. But… I would like to quickly point out, that this is not a quaint Texas version of Lancaster’s Amish… this is a community known and documented to practice religion by marrying off young girls to older men.  I mean, I know the outfits are hot, and I have always wanted to sport a wide collar myself, but come on!

I am fascinated by this story b/c it highlights the on-going debate in the child welfare world of the direction of policy regarding children who come into contact with state protective services for suspected abuse, and the debate it raises b/w the separation of church & state.  For years, the child welfare system was governed by a “parent-centric” philosophy, meaning, that you were preserve the family at all costs. The primary question asked was whether or not the home was ’suitable.”  This lead to the common picture most have of children languishing in care for years while their parents may or may not meet goals. 

 Fortunately, in my opinion, we have shifted away from the philosphy in 1997 when ASFA (adoption & safe families act) was enacted which put limits on kids being in care.  The field shifted from a “parent-centric” position who saw the parent or family as the client, to a “child-centric” position whose primary question is “what is in the best interest of the child.” Under ASFA, child safety is the highest priority.  If this shift had not taken place, it is highly doubtful that such a raid would have taken place. 

If you question parents of any cultural background on what children need to thrive, you will be hard pressed to find someone who lists safety as the only characteristic.  It would be utterly absurd to argue that because your child is consistently hungry and suffering delays from a lack of food, but is not yet dying, you can be declared a fit and suitable parent.  NO, that is ludicrous, yet, that is exactly how our current policies and child welfare systsm make decisions.

Excited expectant mother’s do not walk around in their ninth month saying, “I can’t wait to protect my baby from harm.” NO, they wait eagerly to nurture the life they have carried within them. We have a frightening and despicable double standard for children. For children in “normal” families we define a good parent as one who is loving and nurturing, but in child welfare we do not define parents as “good” or “bad” simply suitable. 

When we create policies that make serious bodily harm the primary indicator for whether or not a parent should maintain parental rights (not all the FLDS parents abused their kids, right? hmmm..) , we fail and create conditions ripe for another round of abuse and neglect.  This is why I cannot understand folks arguing that these kids should stay with their moms during this investigation.   That is like making the kids the canary in the mind shaft…. put them back in… if abuse happens, then we will take them away for good!  what? Since when do we allow people a second chance to harm children, whether or not they believe it’s religiously okay?

Researchers have long docmented the link b/w childhood abuse and the likelihood of becoming an abuser, so while the state of Texas has taken exreme measures, that just may be what it takes to stop a cycle of abuse in this situation.  There is no question as to whether or not the abuse is occurring, the question is the degree of abuse.  But.. given the environment of abuse, linked to controlling religious beliefs, the situation will recapitulate if allowed to continue.

ASFA’s safety focus is a remarkable step compared with former family preservation efforts, but does not go far enough.  It is not enough to protect from injury and sexual abuse, we are inconsistent with our own parenting values if that is our policy and practice standard. This double standard also leads to a serious lack of funding for stretched agencies. 

If we keep funding at the absolute minimum, with a very low social safety net, as some advocate, you are then forced to only pursue suitability, instead of the values we aspire to for our own families.  In one of my earliest social work ethics classes in undergrad, we were given a case study about whom we would place a child with following their parents death. The case was one of those horrid (I found out later that is what a lot of social work is, it is always a bizarre set of circumstances) examples where it was the lesser of two evils.  My prof pushed us hard saying constantly… “If this were your child, which family would you pick?”  So.. the same applies… “If this were my child, how much funding would I allocate for child protective services? would I want my kid with the FLDS church while the state investigated?”

FYI: This post will be followed with a discussion on the intersection b/w polygamy, and religious rights.  Why is it practiced by all of our heroes of the faith, and outlawed by the American govt.?

27 Responses to “FLDS Texas Child Welfare Raid Part I”

  1. Joel Says:

    Amy: there’s a possible contradiction in what you said, and I think I know where you’re going, but you might like to flesh it out. . .

    ” Fortunately, in my opinion, we have shifted away from the philosophy in 1997 when ASFA (adoption & safe families act) was enacted which put limits on kids being in care. ”

    VS.

    “NO, that is ludicrous, yet, that is exactly how our current policies and child welfare systsm make decisions.”

  2. av Says:

    Polygamy and why it was outlawed? When was it outlawed? The founding of our nation or much later? I think that may help a discussion.

    I also heard that they were forcing young girls to undergo ’spiritual’ things by having intercourse or whatnot with older men. Am I right in assuming these are underage girls? Or are these all 18?

  3. av Says:

    Sorry 17 years old for Texas.

  4. amybaker Says:

    Joel… it seems paradoxical, but it’s actually not, if you know more detail about the law. the limits in ASFA are in favor of the child and are tighter controls on the parent. Prior to it, a parent had virtually an ulimited amount of time to meet goals (in and out of foster care for up to 10 years was not uncommon). with the newer laws…if the injury is severe enough you do not get your child back, and you have 15 mos. to get your act together. If you don’t meet goals w/in that time the child begins the adoption process.

  5. amybaker Says:

    AV: yes… it is well documented that girls as young as 12-14 have been ‘married in th eyes of the church” sometimes to guys just in their 20’s but it’s not uncommon for them to married to middle aged men at the behest of their leader saying they have to.

  6. amybaker Says:

    yes, polygamy is illegal it was outlawed in the late 1800’s as part of a number of bans that were designed to stop specifically the spread of the Mormon church in Utah.

  7. Joel Says:

    obviously all laws have upside and downside, so, as per “more detail about the law.” do you think it’s a good law or bad? probably you’re going to say, It’s better than what we had but it’s still limited.

  8. amybaker Says:

    It’s not uncommon for a practice to happen called, “bleeding the beast.” which, is why Texas is so mad. They have one legal marriage (appropriate ages and etc.) and then multiple more in the eyes of their church. The subsequent wives then file for food stamps, welfare and other benefits claiming single mom status, and have stolen literally millions of dollars over the years in welfare fraud from other families who need it, and from tax payers. This is why I laugh when I hear people talk about their ‘Religious persecution” as though Texas was banning amish barn raisings or something.

  9. amybaker Says:

    I think it’s a great law, but it’s not done yet. The paradigm shift away from parent as client vs. child as client was so massive that the original bill was not passed the way the child welfare advocates wanted it to be, this is a “watered down” version if you will. It’s like 1/2 way there.
    What’d be great is if the complete shift happened to where the police were the primary investigators not child welfare workers. Just b/c it’s kids getting assaulted, doesn’t mean there should be a different set of rules. If an adult did the same level of damage to an adult, there’d be jail time for assault, but that is really, really rare in child welfare.

  10. Joel Says:

    does the whole spanking thing play into why this sea change has been so slow to happen?

  11. Joel Says:

    so it doesn’t?

  12. amybaker Says:

    joel: not exactly.. it has more to do with values amongst child welfare workers. It definitely plays in to a degree, but not as much as you’d think. It has a lot more to do with a debate of.. “to what degree do you attempt to preserve a family?” here’s an example, before ASFA (this can still happen on occasion) say, I as a SW went into a home and the parent beat one child to the degree they had life threatening injuries. If just that child was hurt, and not the two other siblings, I would then only be authorized to remove that one child, not all three. The justification is that the rights of the parents must be taken equally into account, and there’s no evidence they harmed the other two. But.. if safety is the primary question, why leave the other 2 at clear risk?

  13. amybaker Says:

    That’d be like saying.. voluteer worker A has a history of molesting boys, but they only want to work with girls, so it’s then okay for them to work with just girls. The point is judgement, clearly the volunteer has bad judgement etc., so why would we trust them with girls?

  14. amybaker Says:

    AV: what was that about 17 yrs.? is that a legal adult in TX? or just when you can legally marry with parental consent?

  15. av Says:

    I’m sorry, 17 is the age of consent in Texas. It is clear that this group was breaking laws of Texas and that immediately cuts into their activity and prevents it from being merely religious discrimination.

    As far as polygamy goes, I think there are cultures and times in those cultures where it is appropriate and even good. I also think that the typical rendition of polygamy in the USoA ends up being in a perverted and unnecessary form.

    This is a difficult topic to comment on as Joel and I (perhaps myself more so) are rather ignorant of this ASFA thing and the laws/rules on social workers/foster families/etc.

  16. Joel Says:

    the more wives i had, the more odious my “no more tattoos for you, wife” policy would be.

  17. amybaker Says:

    ha! if I were one of your multiple wives, I’d get like 3 tattoes just be obnoxious. It’s like this compulsion i have, I can’t help it.

  18. Joel Says:

    *changes locks*

    yeah that’s how I roll.

  19. tammy Says:

    i agree with kathy children should not been seperated from their moms i also strongly disapprove of the manner it was done as well. unconstitutional [no warrants]and almost inhumane if i may say bringing arms . they are being treated like offenders when nothing else can be further from the truth… they are the victims… i cannot begin to imagine what a traumatic experience it might have been for the little ones

    foster care? these children have a totally different lifestyle….. talk of culture shock

    as far as the allegations… well from what i know the girl who they claim made a report is yet to be identified… abuse is abuse no doubt…however being a polygamous sect tends to complicate things but in realty should not because the issue is sexual abuse nothing more nothing less…

    nevertheless they are victims and should be treated as one not the other way around irregardless of their religious beliefs

  20. Meade Says:

    Tammy: if they were being molested they must be taken away from the perpetrators. There’s no way to do this without trauma but it is still the lesser of two evils. They are victims but they were victimized first and worst by the perpetrators of the abuse, not those who removed them from that environment.

  21. amybaker Says:

    Tammy: I do agree that they could’ve used less force so as to not scare the kids, but in reality, the FLDS church in various states has used violent force against law enforcement in the past. Their leader, now imprisoned (prior to this event), had multiple girls escape with evidence of sexual abuse by him and other men. When the authorities attempted to arrest this man, he went into hiding within FLDS sects t/o the US & Canadian West.
    It is horrible and sick that these moms, whom I am sure love their children, have been religiously manipulated to think that they are worshipping their god by giving young girls in marriage to older men, but that is the truth, and just b/c they did it unintentionally, does not make it okay.

    Foster care?— in response to this, the state of Texas has actually gone to great lengths to avoid foster care for these children b/c they have lived such a cloistered existence. The kids are being kept together as sibling groups in community/group home settings so they have their natural support systems.
    Yes… there has been some questions raised as to whether or not the original phone call was a hoax or a mentally ill resident, but there is no question, that sexual abuse has been taking place in this organization as a form of religious worship. This has been well documented and prosecuted in recent months and years. Even shows like 20/20 and dateline have done extensive coverage. The question is not whether or not abuse has occurred, it is a question of specifically to what children, and how much.
    Their religious beliefs are protected by the Constitution, but not when they violate laws of our country like forcible marriage of underage girls to older men, that is sexual violation.

  22. amybaker Says:

    Please note, I should’ve stressed this in my response… this is in reference to the FLDS sect, NOT, Mormonism. It is a mistake to paint these two separate groups with the same brush. The Mormon church does NOT sanction this behavior.

  23. tammy Says:

    meade… i agree with you they need to be sepearated from the perpetrators to protect them from abuse… what i dont support is sperating them from their moms… the men are the threat not the women… yes i know if the women i were aware of the abuse they contributed to it but i believe given that their lifestlye is different they should have atleast let the children to be with their moms. a restraining order i believe would have been better. it seperates them from the main threat while the trail takes place.

  24. tammy Says:

    amybaker…
    well referring to flds having used force in several instances in the case of their leader , i really cant comment on that but taken that is true that does not mean they should have done same in this case. because again they are victims not perpetrators

    i totally agree its sickening to know the moms are being manipulated but they all have the right to religion as well as free will, i know little of the mormon faith or the flds so i rather not be judgemental… religion and constuition are never to be mixed and we have a case where both are intertwined but it all boils down to morality abuse is abuse….

  25. smf Says:

    Amy,
    You are so right about these women collecting welfare. How else
    are they able to support themselves? I think what we should do is to
    deny these people welfare and then we’ll see how long FLDS survives.
    I also wonder how many children born into FLDS later go to college and
    be able to choose the kind of life they want to live. We know these people
    do not educate these children the way normal schools (not that public
    schools are that great either but still…). We should judge these people
    on how well they prepare their children to be productive citizens later in life.
    I think you all know the answer to that question.

  26. tammy Says:

    smf
    i agree and understand where you are coming from [ collecting welfare and all], not that i approve of their way of life but to their defense just because they dont got to normal school does nt mean they are not thought to be productive…

    just because they dont do what the public percieves to be normal does not mean they should judged they are not threats in any way because if we do that it becomes religious persecution

  27. tammy Says:

    finally the court agrees with my opinion all the children should not have been sperated from their mothers as well as the manner in which they were taken…

    now i think justice its on it way….

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