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Show DAILY AS Lawsuit Continued from Al wreak havoc on the digestive After being diagnosed with the disease, Ashley could only eat five foods, including rice, rice milk and sugar, because they were the only foods that did not make her sick. But Tammy Zundel, Ashley's mother, says the condition has worsened over the past six to 12 months, and Ashley must now be fed through a feeding tube in her stomach. "Without it she has nothing. She's allergic to everything that we've fed her, so this is it. It's her sole source of nutrition," Tammy said. The Zundels are suing to force the R.H. Donnelly Group Health Plan, which is administered by Blue Cross Blue Shield of North Carolina, to pay for EleCare, the nutritional formula that costs nearly $1,000 a month. Brian King, the family's attorney, said the company wont pay because it classifies EleCare as a nutritional supplement, which is not covered by its plan. Tammy points out that EleCare and other similar formulas are not available over the counter, can only be obtained on a doctor's orders and must be used under a doctor's supervisioa "It's not like they're out and buying Ensure for their daughter because she's five pounds underweight and they want to be reimbursed for the $10 that it cost them at friday, May 30, 2008 FLDS Costco, King said. "This is a prescription medication. It's extraordinarily expensive, and it certainly falls within the scope of coverage of their plan." Tammy said Ashley's doctors at Primary Children's children in your hands, there's no relief. But we have hope." Continued from Al Standing outside the Texas Supreme Court building with attorneys for the famitime period. lies, Martha Emack, mother of a The ruling shatters one of the largest and a echoed that sentiment. cases in U.S. history. State "I'm happy when all the children are officials said the removals were necessary back to their mothers and we're home," to end a cycle of sexual abuse at the ranch said Emack, whose children have been in which teenage girls were forced to staying at an Austin children's shelter. The case before the court technically marry and have sex with older men, but only applies to the 124 children of 38 mothparents denied any abuse and said they were being persecuted for their religious ers who filed the complaint that prompted beliefs. the ruling, but it significantly affects Every child at the ranch run by the nearly all the children since they were reFundamentalist Church of Jesus Christ of moved under identical circumstances. The Third Court of Appeals in Austin Latter Day Saints in the west Texas town ruled last week that the state failed to of Eldorado was removed; half were 5 or show that any more than five of the teenyounger. CPS officials said they were disappointage girls were being sexually abused, ed by the ruling but would take immediate and had offered no ev idence of sexual or physical abuse against the other children. steps to comply. The FLDS, which teaches that polyg"We are disappointed, but we understand and respect the court's decision," amy brings glorification in heaven, is a the agency said in a written statement. breakaway sect of the LDS Church, which FLDS elder Willie Jessop said parents renounced polygamy more than a century were excited about the court's decision ago. but would remain apprehensive until they Roughly 430 children from the ranch are in foster care after two births, nuget their children back. merous reclassifications of adult women "We're just looking forward to when little children can be in the arms of their initially held as minors and a handful of parents," he said. "Until you have your agreements allowing parents to keep cus health-insuranc- e system. HERALD child-custod- y Medical Center in Salt Lake City are dumbfounded by Blue Cross Blue Shield's refusal to pay for the formula. The facility has other patients with conditions similar to Ashley's, she said, and most of those patients' insurance companies pay for the formula. With no assistance from their insurance, the Zundels are having trouble providing formula for Ashley. Tammy said Ashley is currently being fed with a donated supply, but that will run out in about a week. A woman in New York whose son was recently taken off formula donated a three-wee- k supply and is sending more formula that may last Ashley for another month or two. "After that I dont know. I just keep scrounging around," Tammy said. Tammy founded the Utah chapter of the American Partnership for Eosinophilic Disorders, a support group for people with conditions like Ashley's. For more information on eosinophilic gastroenteritis, visit the group's Web site at www.apfed.org, or contact Tammy at Education Senate Bill 2. Among them: money for the International Baccalaureate Continued from A 1 eos.utahgmail.com. I Jeremy Duda can be or reached at jdudadiheraldextra.com. 344-256- 1 rt I Associated Press Writer Jim Vertuno in Austin contributed to this report. clean vote, so the governor can use veto power effectively, so the legislative process is not coerced," Jenson stuprogram for dents, a computer program for preschool students and revisions to charter-schoo- l funding. "The reason that our constitution has the clause prohibiting omnibus legislation like that is so citizens have fair warning about what the bill can do, so legislators can get a high-scho- have a clear title. Lawmakers say the bill does address one subject: education, But an attorney for the plaintiffs, Janet Jenson, said lawmakers violated the spirit of the law with the omnibus bill. Several bills already defeated were brought back to life in tody while the Supreme Court considered the case. Texas officials claimed at one point that there were 31 teenage girls at the ranch who were pregnant or had been pregnant, but later conceded that about half of those mothers, if not more, were adults. One was 27. Under Texas law, children can be taken from their parents if there's a danger to their physical safety, an urgent need for protection and if officials made a reasonable effort to keep the children in their homes. The high court agreed with the appellate court that the seizures fell short of that standard. CPS lawyers had argued that parents could remove their children from state jurisdiction if they regain custody, that DNA tests needed to confirm parentage are still pending and that the lower-coujudge had discretion in the case. The justices said child welfare officials can take numerous actions to protect children short of separating them from their parents and placing them in foster care, and that Wakher may still put restrictions on the children and parents to address concerns that they may flee once reunited. ol said. The complaint names Attorney General Mark Shurtleff, Utah Treasurer Edward Alter and Jeff Herring, executive director of the Utah Department of Human Resource Management, as defendants. "We will need to meet with laws." Jenson said her group isn't necessarily opposed to the programs in the law, but it is concerned that the process at the Legislature could begin to mirror the earmark system of re-wa- private projects that are either pet projects of lobbyists or where legislators themselves have a financial stake in what they're doing," Jenson SAW0lflg If Murphy, a spokesman for Shurtleff. "Truth is, we have yet to review it. By law we are required to defend all state Congress. "You will end up with what you have in Congress: There is no debate. I think you'll end up with a great deal of pork that is never voted for. I think citizens will have a very hard time figuring out how legislators affect bills," she said. "I think you'll see even more of the same cronyism where public funds are used to (Cjl IaxLn1 h r lyip our clients and talk to them before we give some sort of formal response," said Paul said. If the law is declared unconstitutional, it would strip millions of dollars for salaries of math and science teachers as well as money for an elementar- w program. y-arts the Net: Senate Bill On 2: le.utah. gov2008billssbillenr sb0002.htm GOING ON VACATION? ! DONATE YOUR PAPER TO ' :; ; ft; , 1 f , ,if. 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