Author Topic: Appeals court rules TX had no right to seize hundreds of children of polygamists  (Read 1472 times)

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Offline Wretched Excess

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Court grants appeal by FLDS mothers

AUSTIN, Texas (KXAN) -- The Third Court of Appeals has ruled that Child Protective Services did not have the right to remove children from the Yearning for Zion ranch last month.

The ruling comes as a result of a document filed by Texas RioGrande Legal Aid last month. The TRLA is the largest provider of legal aid in Texas, on behalf of 48 FLDS mothers that TRLA is representing in their child custody cases.

"The way that the courts have ignored the legal rights of these mothers is ridiculous," said TRLA attorney Julie Balovich. "It was about time a court stood up and said that was has been happening to these families is wrong."

In the decision, the Court ruled that CPS failed to provide any evidence that the children were in imminent danger and acted hastily in removing them from their families. According to the Court, "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."

TRLA will be holding a press conference in front of the courthouse in San Angelo Thursday at 1:30 p.m. regarding this issue.

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« Last Edit: May 22, 2008, 12:39:21 PM by Wretched Excess »

Offline Wretched Excess

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I updated the OP with something from an Austin TV station that got the details up first.

Offline Wretched Excess

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Say Kids Should Not Have Been Removed From FLDS Compound

San Angeleo Tex.,May 22,02008—

A state appellate court has ruled that child welfare officials had no right to seize more than 400 children living at a polygamist sect's ranch.

The Third Court of Appeals in Austin ruled that the grounds for removing the children were "legally and factually insufficient" under Texas law.

Child welfare officials removed the children on the grounds that the sect pushed underage girls into marriage and sex and trained boys to be grown-up predators.

The appellate court ruled the chaotic hearing held last month did not demonstrate the children were in any immediate danger, the only measure of taking children from their homes without court proceedings. The ruling came as judges were signing off on individual custody plans in San Angelo. DEVELOPING

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Offline Airwolf

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MOLON LABE

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Offline Baruch Menachem

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It looks like the public safety people just piled on and went a little too far. One of the underage moms was 27, and and one was not a mom.

So out of 15 underage moms, the reality was there were only seven.  I don't know that seven underage moms are somehow acceptable.  I don't think so.

It shows the danger of going too far in too big a hurry.  Things fall apart.
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Offline Airwolf

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Did they even figure out which kids belonged to which set of parents yet?
MOLON LABE

"Someday, when all your civilization and science are likewise swept away, your kind will pray for a man with a sword."-- Conan the Barbarian

Clint Eastwood - Because God wanted Chuck Norris to have nightmares.

"I am not a Number,I am a free man"

"He's my hero, you don't put away your heros, you honor them!"

Offline rich_t

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Representatives of the "State"  often exceed their authority IMO.

At least this wasn't another Waco were folks were killed by the gubmint.
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Offline Chris_

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Representatives of the "State"  often exceed their authority IMO.

At least this wasn't another Waco were folks were killed by the gubmint.
Well, we don't have this running things anymore.

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