An appeals court has ruled that Texas had no right to seize hundreds of children from polygamous sect.
What’s more odious is that it is now reported that half the “mothers” that CPS moved to foster care have now been declared adults:
Attorneys for Child Protective Services say 15 of the 31 mothers are adults. One is actually 27.
Another girl listed as an underage mother is 14, but the state has conceded she is not pregnant and does not have a child.
So, how long have they been away from their parents? Unjustly? I’m grateful that the court is finally stepping in here and declaring this to be overreach, and I’m waiting to see what they’ll do next.
Again, what’s scary about this is that these CPS agents took away 460 children based on their religion or location, and under false information– and if it can happen to someone else…
Update: Yahoo news reports:
The Third Court of Appeals in Austin ruled that the state offered “legally and factually insufficient” grounds for the “extreme” measure of removing all children from the ranch, from babies to teenagers.
The state never provided evidence that the children were in any immediate danger, the only grounds in Texas law for taking children from their parents without court approval, the appeals court said.
The state never provided evidence that teenage girls were being sexually abused, and never alleged any sexual or physical abuse against the other children, the court said.
“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 court said in its ruling, overturning the order to keep the children by state District Judge Barbara Walther, a former family law attorney.
The appeals court also said the state was wrong to consider the entire ranch as an individual household and that any abuse claims could apply only to individual households.
Walther has 10 days to comply with the appeals court ruling.
So, it looks like justice may prevail in this case after all…