Posted on 05/22/2008 10:46:31 AM PDT by ElkGroveDan
SAN ANGELO, Texas - 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. They did not immediately order the return of the children.
Child welfare officials removed the children on the grounds that the sect pushed underage girls into marriage and sex and trained boys to become future perpetrators.
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.
CPS’ pleading was rather pitiful.
No way TX Supremes overturn the Thirds Writ.
Muslims and FLDS are the only two on that absurd list of yours who force their females into multiple and often underage plural marriages.
FLDS forces their young males out into the streets to allow the elder males free access to more young females. Muslims just let their excess males turn terrorist/suicide bombers.
These practices cannot be allowed here.
“I’d like to see more of these cults busted up. “
Do you mean religions, or families, or both religions and families “busted up?”
I think they mean anyone that has a different belief system. You know, like Catholics, Jews, Mormons, Baptists.. yer typical troublemakers.. /sarc
“But overall, foster care is a miserable failure ripe with corruption”
Yeah, be careful even saying THAT around here.. last time I tried to point that out, I was skewered by the pro foster care crowd, who pointed out that all foster parents were perfect angels who did it out of the goodness of their hearts, and that there was no corruption in the system and I was just a liar.. until I produced links to evidence to the contrary..then the crickets came.
My Great-Grandmother was 13 when she gave birth to my Grandmother, after having been married at the age of 12 in a Baptist church.
I would like to see the cults worshipping government interference in every aspect of our daily lives broken up.
You have chosen to focus on a bunch of people who would treat women badly whether or not they were involved in multiple marriages.. in case you haven’t read the papers or done your homework (and you haven’t), there are far more instances of abuse every single day in monogamous relationships than not. The courts are jam packed with abusive husbands, wives, and parents in “normal” monogamous relationships... these people would be evil in any circumstance.. as I said, do your homework about polygamy.. learn your terms, stop having tunnel vision about something you clearly know nothing about.. you have a real vendetta against people you don’t even understand.. you need to get past that. Got it?
I didn’t think that was true if you were the child reporting abuse to yourself, only if you were a 3rd party. Of course, different states could be different.
Thanks.
Hopefully I can put this in order.
“The law states that children cannot be removed form the home unless there is in immediate threat to their *physical* safety.”
The CPS said that it was. The Judge agreed. And it was based on “the parent’s beliefs could be classified as an immediate physical threat.”
Which, I guess, is what is referred to as “dangerous environment” in the affidavit.
Now, two month’s later, an appellate court overturns that ruling, and says the belief thing doesn’t satisfy immediate physical threat.
So.... the CPS took custody, which they can do for ten days,
based on a complaint, and then the Judge ruled they could continue custody, due to the ‘danger’.
So, How is CPS at fault, when they had a ruling from a Judge?
Your silly nonsense of a post says nothing.
Nothing about the nature of polygamy and its dangers to post tribal democratic societies. Polygamy and polyamory alike are inimical to American democracy, and non-Western marital practices hamper democratization, even today yes even among posters here who should know better.
“Treating all members of a group in this way is problematic.”
Sure, go after some cult that breaks the law, but do it according to law.
If we are going to have ‘groups’ that break the law, do we need to work on modifying our laws to deal with that bit of reality?
Or, are our laws not being used properly?
Let’s make sure we are working on the problem, instead of just pointing fingers.
The person answering the phone is required by law to make a report to the police. This is the first thing that they tell you.
Is there any age you believe to be too young for marriage and childbearing?
“You have the power to search for the items noted on the warrant assuming the warrant was legally issued.”
And if I am looking for your daughter, then can I not search the rooms randomly?
“I wouldn’t be surprised if at the end of this there are no underage Mothers at the FLDS compound and no evidence of abuse. I think the FLDS were ready and waiting for an investigation. “
At this point, that is entirely possible.
Don't get me wrong. I think the judge should be tarred and feathered. But CPS employees should know the rules of their own game. Cops need to know the basics of the law. CPS workers should've known as well. They're the ones who did investigating, they're the ones who requested the ruling, and they're the ones who broke the law.
Let me put it this way: Let's say I leave my kids with a babysitter. They convince the girl that it would be a grand idea to allow them to drink vodka Jello shots and watch porn.
When I get home, they're *all* in trouble. The sitter was supposed to be using wisdom to keep the kids from doing anything stupid and the kids knew better. But why would I be *more* worried about the kids in this situation?
Because they'll try it again with the next sitter. They'll just keep pushing and pushing until they find another weak spot (sitter).
But these aren't kids. They're adults who *knew* they were breaking the law. They lied, they detained grown women they *knew* were of legal age and they gathered information that may now be useless to prosecute the criminals involved. Yes, they did it all with a stupid judge's blessing and she should be thrown off the bench for it.
Were they justified to act based on their fears for the children? Not according to the law, they weren't. The end does NOT justify the means.
From what little I've gathered, Texas CPS has been an out of control, corrupt agency for a very long time. This has *got* to stop and I'm hoping this case gathers enough publicity and pressure to do the job.
“They’re the ones who did investigating, they’re the ones who requested the ruling, and they’re the ones who broke the law.”
Now, what if on Monday, the ruling is again overturned?
Then are going to have CPS workers suing the state for False Arrest?
How does pointing fingers, and wanting all CPS workers fired, or behind bars, help the custody situation with the children?
The very people who know where all the children have been moved to, and who would be the ones to return the children to their proper families, you want in jail?
“Of course, it could have been that the judge was in on the deception, too.”
Or the President of the United States.
If we are going to be technical here, then it is Polygyny that is being practiced by the FLDS.
Not polygamy.
“In a civil case the State does not have the burden of proof, you have to prove that you do not abuse your children. “
In this case, isn’t the ‘deal’ the CPS was offering the parents, a ‘prove you won’t abuse your children’?
Or maybe a ‘promise you won’t abuse your children’.
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