Tom Green District Judge Barbara Walther said the girl's 11-year-old brother will be allowed to remain with his mother, Barbara Jessop, but emphasized the mother must stay in contact with child welfare caseworkers.

The siblings' father is Merril Jessop, the overseer of the YFZ Ranch, home to members of the polygamous Fundamentalist Church of Jesus Christ of Latter Day Saints. Barbara Jessop and the children are among members who have not returned to the ranch; they have been living in San Antonio.

In photographs submitted into evidence by the state, the girl appears in an embrace and kissing sect leader Warren S. Jeffs, allegedly at their 2006 wedding.

Walther ordered Merril Jessop to have no contact with the children and to submit a DNA sample to the state. The parents were also ordred to pay $180 a month each in child support for the time their daughter remains in state care.

The judge also gave the state 30 days to complete psychological testing of the children and parents; urged that required parenting classes be made available immediately and set a 45-day deadline to complete a home evaluation.

Gonzalo Rios, Barbara Jessop's attorney, had asked for both children to remain with their mother with additional restrictions. He said his client was the only parent that was never offered a safety plan. "She never got anything other than 'We want the children,' " he said.

He later added: "She is going to do everything she can to see this thing through and be reunited with her daughter again."

State attorney Jeff Schmidt argued officials had shown the couple condones underage marriage and will do nothing to stop it.

Barbara Jessop asserted her Fifth Amendment right against self-incrimination to nearly every question she was asked in court on Monday, he noted, including queries about who has provided basic care for her children.

In another case, the judge agreed to let two girls, ages 9 and 11, remain with their mother under stricter rules. She said the girls must complete "therapeutic education classes" and attend individual counseling sessions; that their mother must notify CPS of any plans to relocate, and could not leave the state of Texas; and that any visits to the sect's ranch must be supervised by caseworkers.

The judge will review those two cases in February.

State officials removed more than 450 children from the ranch in April, alleging they were at risk of abuse. The Texas Supreme Court later ordered the childrens' release from state custody, citing a lack of evidence that all of the children were in danger.

Child welfare officials have since closed cases involving 76 children, including nine who have turned 18. There are 364 cases still pending.

Officials are negotiating additional conditions with some mothers; the hearing is expected to continue this afternoon with a discussion of whether two daughter's of the sect's physician should return to state care. The girls are ages 13 and 5.