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In Austin, a Judge Rules State Had No Right to Seize FLDS Kids

Thu May 22, 2008 at 01:32:56 PM
NEWSCOM
Women from the FLDS sect troop into the courthouse in San Angelo earlier this week.

When I was down in San Angelo this week covering this story, which appears in this week's paper version of Unfair Park, lawyers representing members of the Fundamentalist Church of Jesus Christ of Latter Day Saints sect repeatedly told me that the state was in trouble -- that Texas' evidence for removing 464 children from the custody of their parents was shaky at best. Attorneys said it was only a matter of time before the entire Yearning For Zion case would fall apart.

It looks like that’s already started to happen.

Just off the Associated Press wire is a story that says an appellate court in Austin has ruled that Texas Department of Family and Protective Services officials had no right to seize more than 400 children from the ranch. From the AP:

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.


In the meantime, DFPS officials have admitted that at least half of the so-called teen mothers taken from the ranch and put into state custody are actually adults. This is significant because it strikes at the heart of CPS’ contention that all children at the ranch were in danger because of a culture of sexual abuse that is part and parcel of the FLDS religion.

To prove these allegations, DFPS officials told the press that of 53 teenage girls seized from the ranch, 31 were pregnant or had children. We now learn that of these 31 mothers, 15 are actually adults, and that number is expected to go up in the next few weeks, as status hearings continue in San Angelo. --Jesse Hyde

13 Comments:

Wylie H. says:

I was wondering about another aspect of this, which the post touched upon-- what are the legal ramifications of "seizing" adults and throwing them into "protective" custody? Is it okay for the state to round up adults just because they look kinda' young and just release them with a "whoopsy" once they prove they are of legal age?

chad says:

I hope the authorities don't start taking advantage of the very children they're trying to protect as they begin to grasp for straws looking for evidence.

Still, at least no one has been killed.

john k. says:

I guess that the state should the children via Greyhound bus back to the ranch in ElDorado asap. Forget about any additional court cases and assume that we don't have to come up with the 21

David Brauss says:

Using my real name now. Being db is too anonymous and too easy to say anything. On the issue of "adult" girls .. these youngins' have been reared under a rock and I'm sure appeared to be child-victims to the autorities at interview since they can not speak for themselves, in fact they have no individual identity to speak up for. They are adult-children if anything. Part of me understands what this sect was trying to achieve .. I myself prefer innocence versus knowledge, dissapointment, and disdain. But this dude was letting the young ones get knocked up and shared, absolutely not cool. The other part of me knows that life is not a vaccuum and eventually the walls will come tumbling down upon you. Face it.

Mike says:

Fantastic! Now we won't have to wonder where they get all that money to build giant compounds because we'll be paying for their next one....

invisible greg says:

According to last night's news,the man that the authorities were looking for wasn't at the compound. The authorities knew this info before they asked for a search warrant.They just left the part that he wasn't there out of the paper work.

Wylie H. says:

I have a feeling this is going to end up being very, very expensive for the State of Texas (us).

Irrespective of how much this wholw FLDS business appears to be offensive, laws & due process exist for a reason.

Steve says:

No warrant,no probable cause to obtain a warrant and no valid rationale to remove children ( and apparently adults) from the compund. While I may not agree with the rumors of this religious sect, they certainly have Constitutional rights which were violated. Call me curious, but if they didn't kno how old these children were when the state took them, how do they know how old they are now? While this bears some investigation, the state needs to obey the law as well. The CPS needs some investigation as well since their behavior is questionable at best. The CPS should be required to get a court order unless they can prove emminate danger or desertion.

Jack Jett says:

I wonder what the FLDS will name Texas once they end up owning the state after this is all settled.

John Cronyn is going to shit in his pants when they bring in gay pologamy marriage.

invisible greg says:

Jack Jett

That's a good one!

Chris says:

And I, for one, welcome our new polygamist overlords

knottygirl says:

I read today that the FLDS folks had requested 500 or so voter registration cards. When polygamy becomes legal in Texas (and I imagine 500 people who would actually show up and vote might just do it), I call dibs on Marion Barber as Mr. Knottygirl #2!

Polygamy lover says:

Great, thank you judges. Please send back my underage wives so I can continue to abuse them and knock them up. I will hide behind my compound walls and let your laws protect me. Good thing due process protects me more than my child brides. Suckers...

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