Runaway case elicits criticism
 
By Jennifer Dobner
Deseret Morning News
 
A Salt Lake anti-polygamy group says the Utah Division of Child and Family Services should have been called to interview a 15-year-old Arizona runaway before the girl was returned to her parents by the Washington County Sheriff's Office.

Had a child protection caseworker talked with the girl, she might now be in the protective custody of the state and not living in fear of being forced into an arranged marriage, said Doug White, an attorney for Tapestry Against Polygamy.

The girl, who fled a friend's home in Salt Lake City last weekend, told White that her father had already arranged a polygamous marriage for her. The family lives in Colorado City, Ariz., and is allegedly involved in the polygamous sect known as the Fundamentalist Church of Jesus Christ of Latter Day Saints. The girl is reportedly supposed to marry Warren Jeffs, one of the fundamentalist church leaders.

"I did talk to the child and ascertained that she was fearful," White said Friday. "In fact the father had said he would tell her the time and the place (of the marriage) and that she would have no voice, she would consent. Within five minutes of talking with her I was on the phone to child protective services."

But officials in the Washington County Sheriff's Office refused an offer from DCFS to shelter the girl and conduct an investigation, saying they were going to work it out with the parents, said Abel Ortiz, DCFS director of Child Protective Services. Had DCFS assumed custody of the girl, a shelter hearing would have been held and a juvenile court judge would have the authority to determine the girl's future.

"I think the thinking of law enforcement was that because there were no allegations of physical abuse, there was nothing for us to investigate," Ortiz said.

Instead, Wednesday, Sheriff Kirk Smith mediated a three-hour meeting between the girl, her parents and her great-uncle, Les Zitting of St. George, with whom the girl was living. During the meeting, the family agreed that the best solution was to allow the girl to live with Colorado relatives who are not involved in the polygamous lifestyle, Smith said.

Never during the meeting were there allegations of abuse or discussion of an impending marriage, he said. And the parents told Smith that all of their children are allowed to make their own decisions about polygamy. Smith also said that because the girl is from Arizona and because no crime had apparently been committed in Utah, he had no legal jurisdiction in the matter.

"This is not a pro-polygamy or anti-polygamy issue. It has to do with she's a 15-year-old minor. This was a runaway," Smith said. "In my opinion there was no allegation of abuse. The issue was never raised with me. I had absolutely no authority to take this child from her parents."

But polygamous sects always say publicly that members have personal choice, White said. And children, especially in the presence of a parent, will rarely say they are being abused or feel threatened.

"That's why we need trained CPS (Child Protective Services) worker to talk to them," said White. "These girls are not going to . . . tell a sheriff what they are doing. We've had this experience before."

Last year, two girls from an Idaho polygamous group sought help in Utah but refused to talk openly with law enforcement, later returning to Idaho. Since then, members of various child protection advocacy groups, Tapestry and DCFS caseworkers have met to talk about ways to better assist young women and other children attempting to flee polygamy. As a result, DCFS has rewritten some policy, Ortiz said.

By White's estimation, Smith's knowledge that the girl's family is involved in polygamy was sufficient grounds to involve DCFS.

Allowing a child to enter an unlawful marriage is also a misdemeanor offense, although the penalty will increase to a felony in June because of a change in law during the past legislative session. And allowing or forcing a minor to engage in sexual activity with an adult is also a felony. Any questions about legal jurisdiction are superceded by the fact that a minor is potentially at risk, White said.

"If there's a minor child that has come across the state line and is claiming that someone is coming to force them into marriage. . . . that is jurisdictional grounds for the state to take custody of that child," White said. "All CPS needs is a reported of suspected abuse and they can investigate."

Smith maintains that he made the right choice and says he was acting in the best interests of the girl.
 
deseretnews.com
Originally published April 7, 2001
 
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