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Houston Lawyers Fight For Polygamist Children

By Mary Benton

POSTED: Monday, May 19, 2008
UPDATED: 5:51 pm CDT May 19, 2008

As parents of the children taken from a polygamist compound go to court Monday in a battle to regain custody of their children, two Houston attorneys are concerned that the voices of the young people they represent are not being heard, KPRC Local 2 reported.

"You got two sides that are very well-funded. You got CPS and you got the parents, and their duking it out," Houston attorney Betty Luke said. "What I don't want to see happen is my client become collateral damage to that fight."

Luke represents a young girl who is living with her sister in a facility near Waco, but their younger brothers were sent to a facility in Liverpool, Brazoria County.

Before the children can be reunited, their parents must comply with a state service agreement -- a custody agreement that outlines what they must do in order to prove they are capable of protecting and caring for their children.

Luke said she has seen a copy of the service agreement for her client and the state is making specific demands.

"That an independent household be set up and that the mother demonstrate that she is capable of raising her kids basically as a single parent," said Luke.

The parents are also being told they will have to undergo psychological testing and take parenting classes.

The Houston attorneys are concerned that the one-size-fits-all plan does not treat each child as an individual.

"Are we talking that we really want these children reunified with their parents or are we looking at, we don't want these parents getting their hands on these kids again?" asked Houston Attorney Donna Broom.

Her young client is staying at a state facility in Gonzalez, Texas, and has voiced her desire to be reunited with her parents.

Broom said she would advocate on what is in the best interest of her client.

"Whether it be sexual, emotional, physical, there is nothing forthcoming right now that there's any imminent harm to my child, so it seems to me that reunification with the mother probably would be best."

Both attorneys are affiliated with the South Texas College of Law and are working for free to represent the children.

A hearing will be held in San Angelo on May 29 for the attorneys representing the children and Broom said she plans to be there.
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