A juvenile court judge on Monday granted permanent custody and guardianship of one of polygamist John Daniel Kingston's children to a couple not associated with what is commonly known as "The Order."
Second District Judge Andrew Valdez expressed fears about the 13-year-old girl's safety and mental health if she is returned to her birth mother and father.
"This child needs to be safe and protected," the judge said.
Valdez in June determined Kingston and Heidi Mattingly's children had been abused and neglected by their father, and that their mother did not protect them. He removed two girls — the 13-year-old and another who just turned 16.
Throughout Monday's hearing, Valdez referred to the mother as Heidi Mattingly — despite her preference for the name Foster — because the judge said it was a charade to use a fake name.
In a strongly worded order from the bench, Valdez characterized Kingston as a "batterer" and expressed doubts about Mattingly's desire to reunite with this daughter.
"If she continues to badmouth this child in the presence of the court, in the presence of therapists, it is not indicative she is taking reunifications seriously," Valdez said.
Valdez awarded custody of the girl to an aunt and uncle, Shauna and Justin Mattingly, with whom the teen has been staying for five months. The judge said the girl needs stability and psychological help for post-traumatic stress syndrome, severe stress reaction and depression so profound it carries the risk of suicide.
However, the judge did not terminate the birth parents' rights, which leaves open the possibility of them regaining custody.
Mattingly's lawyer said his client preferred that custody of the girl be granted to her parents or a different aunt and uncle. Kingston's lawyer said his client would be happy to leave the children temporarily with Shauna and Justin Mattingly until a gradual reunification with John Kingston and Heidi Mattingly could be arranged in order to ease the girl's fears.
Valdez took Kingston and Mattingly to task for not complying with previous court orders, and repeatedly reminded both of them — especially Mattingly — they could be jailed for contempt of court.
Valdez set two new hearings for Heidi Mattingly and Kingston: one on Aug. 9 to determine whether they are in contempt of court for not complying with a previous court order to have evaluations by a court-appointed psychologist, and another on Aug. 25 to decide child support for the couple's 11 children, including a baby girl born July 3.
Contributing: Leigh Dethman; E-mail: lindat@desnews.com