- Dec 14, 2000
- 68,143
- 10
- 81
SAN ANGELO, Texas (CNN) -- The state of Texas should not have removed the more than 460 children it took from a polygamist sect's ranch, an appeals court ruled Thursday.
In its ruling, the Texas 3rd District Court of Appeals decided in favor of 38 women who had appealed the removals, as well as a decision last month by a district judge that the children will remain in state custody.
"The existence of the FLDS belief system as described by the department's witnesses, by itself, does not put children of FLDS parents in physical danger," the three-judge panel said.
The state's Department of Family and Protective Services "did not present any evidence of danger to the physical health or safety of any male children or any female children who had not reached puberty," the judges ruled.
"The legislature has required that there be evidence to support a finding that there is a danger to the physical health or safety of the children in question and that the need for protection is urgent and warrants immediate removal," the ruling said.
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Read the ruling -- PDF
It concluded, "Evidence that children raised in this particular environment may someday have their physical health and safety threatened is not evidence that the danger is imminent enough to warrant invoking the extreme measure of immediate removal prior to full litigation of the issue."
The children were removed last month from the Yearning for Zion (YFZ) Ranch in Eldorado, Texas, which is owned by the Fundamentalist Church of Jesus Christ of Latter-day Saints, a Mormon offshoot that practices polygamy.
The sect is linked to jailed "prophet" Warren Steed Jeffs.
figured this would happen. teh whole case is going to get tossed.
UPDATE:
http://www.cnn.com/2008/CRIME/...polygamists/index.html
ANGELO, Texas (CNN) -- Texas officials had no right to remove about 460 children from a polygamist sect, the state Supreme Court ruled Thursday
The Texas Supreme Court agreed with a lower court's ruling, that the state's Child Protective Services division did not present ample evidence that the children were being abused.
The state said it removed the children last month from the Yearning for Zion Ranch near Eldorado, Texas, because in interviews with those living there, officials found what they called a "pervasive pattern" of sexual abuse through forced marriages between underage girls and older men.
The high court ruling could clear the way for the children to be returned to their families. The sect subscribes to the Fundamentalist Church of Jesus Christ of Latter-day Saints, a Mormon offshoot that practices polygamy.
"We are not inclined to disturb the court of appeals' decision," the ruling said. "On the record before us, removal of the children was not warranted."
/snip
guess thats it.
still going to take a while. since they need to figure what kid belongs to who.
In its ruling, the Texas 3rd District Court of Appeals decided in favor of 38 women who had appealed the removals, as well as a decision last month by a district judge that the children will remain in state custody.
"The existence of the FLDS belief system as described by the department's witnesses, by itself, does not put children of FLDS parents in physical danger," the three-judge panel said.
The state's Department of Family and Protective Services "did not present any evidence of danger to the physical health or safety of any male children or any female children who had not reached puberty," the judges ruled.
"The legislature has required that there be evidence to support a finding that there is a danger to the physical health or safety of the children in question and that the need for protection is urgent and warrants immediate removal," the ruling said.
Don't Miss
Read the ruling -- PDF
It concluded, "Evidence that children raised in this particular environment may someday have their physical health and safety threatened is not evidence that the danger is imminent enough to warrant invoking the extreme measure of immediate removal prior to full litigation of the issue."
The children were removed last month from the Yearning for Zion (YFZ) Ranch in Eldorado, Texas, which is owned by the Fundamentalist Church of Jesus Christ of Latter-day Saints, a Mormon offshoot that practices polygamy.
The sect is linked to jailed "prophet" Warren Steed Jeffs.
figured this would happen. teh whole case is going to get tossed.
UPDATE:
http://www.cnn.com/2008/CRIME/...polygamists/index.html
ANGELO, Texas (CNN) -- Texas officials had no right to remove about 460 children from a polygamist sect, the state Supreme Court ruled Thursday
The Texas Supreme Court agreed with a lower court's ruling, that the state's Child Protective Services division did not present ample evidence that the children were being abused.
The state said it removed the children last month from the Yearning for Zion Ranch near Eldorado, Texas, because in interviews with those living there, officials found what they called a "pervasive pattern" of sexual abuse through forced marriages between underage girls and older men.
The high court ruling could clear the way for the children to be returned to their families. The sect subscribes to the Fundamentalist Church of Jesus Christ of Latter-day Saints, a Mormon offshoot that practices polygamy.
"We are not inclined to disturb the court of appeals' decision," the ruling said. "On the record before us, removal of the children was not warranted."
/snip
guess thats it.
still going to take a while. since they need to figure what kid belongs to who.
Texas did overstep its authority. 
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