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.
They acted on what they thought was a true emergency. I don’t doubt their veracity in believing something horrible was going on.
And we have a system of justice in Texas. The Appellate Court said their actions were wrong. Now that may be appealed, we’ll see. Until then the Appellate Court has spoken.
Now do you have evidence to ‘bleeding the beast’ or Texas welfare recipients among the FLDS members from the YFZ ranch in Eldorado, Tx?
Well, if you look a few posts down from yours you'll see that Dragnet2 said:the only abusive thing I see going on here is with cults like the Texas CPS and our government. That's just one example on THIS thread. Perhaps there are no others on this thread, but I have read every thread on this topic since the whole thing began, and I've read plenty of comments that indicate that they believe the FLDS to be complete innocents in this.
Unfortunately, if this ruling stands and the state actually jhas to give the children back or even return status quo nte, it pretty much means that the next Waco type operation will complete the analogy and make sure that all the targets are dead so they can’t go to court themselves.
“Point to me EXACTLY where Texas has lied here? They acted in good faith on what they believed was a danger to a minor and they found information in the course that showed there is a huge problem her.”
Yeah, and the Red Army was only trying to restore order in Lhasa a couple of months ago. I saw them personally the day the protest began — they were heroic in keeping the peace. Don’t take my word for it just because I wqs in Lhasa, you can read any publicantions from the Vhinese government. Please note my sarcasm.
Most have not. The ranch opened about 4 years ago, but most of the residential buildings are newer than that. They have been continuously moving new people to the ranch as additional construction of residential space has been completed.
The State of Texas reported nothing of the kind. I live here and have heard nothing to acknowledge this. Plus, what makes you think Social Service record information is made public anyway? Also, because of the felony non-support issues that are sure to come up, that information would be told.
Before they are deprogrammed and want a normal existance.
Before tehy become mind-numbed robots of the socialists.
The MSM quoted a CPS source that said that they found a “sex bed” in the chapel. If that was real evidence as someone said then there is no way this court would have ruled the way it did. I believe the state did either lie or exaggerated the truth but I also believe they did it to keep the investigation alive because they know there is some illegal stuff happening. The unfortunate thing about it is the way they approached the mess and it may have screwed everything up.
They are. Reember the McMartin Preschool case?
I suggest reading the ruling for yourself. It doesn't say no evidence of abuse was found.
It says the CPS improperly treated the ranch as a single household, and that the abuse was limited to girls in a certain age bracket. Therefore the CPS had other options that taking all the kids, and was required to only take the kids as a last resort.
http://extras.mnginteractive.com/live/media/site297/2008/0522/20080522_114730_Mandamus%20Decision.pdf
The warrant should have ended the second they found out that the call was fake.
The warrant had already been executed by the time they determine that the call was fake.
The fourth amendment requires probable cause to justify a search. The judge who decides if a warrant will be issued has to weigh the credibility of all the evidence and determine if it adds is probable cause.
An anonymous call by itself might not amount to probable cause, even though in this case the caller had a lot of information about the ranch. However the fact that Jeffs had already been convicted of similar crimes had to add to the credibility of the allegation. They couldn't independently confirm the allegation, but there was substantial supporting evidence to justify the judge's decision that probable cause existed when the warrant was issued and executed.
After the warrant was executed, the call became non-credible. However, that doesn't mean that the warrant had not been properly issued, and that the search was legal. The constitution requires the government to have evidence to support suspicions that are probably accurate in order to search, but does not require that those suspicions were 100% accurate in hindsight.
No newborn babies have been taken away from their mothers.
Like teaching our kids that Christianity is true or that homosexuality is wrong or something radical like that.
I don’t think that is radical at all to teach kids that homosexuality is wrong. It is wrong and the comparison to this situation is not even on the same page with the pedophile child-rape circus going on.
A lot of you have to stop comparing apples and eggs.
If all the women were kept on the ranch as we are led to believe probably barefoot and pregnant as well.
How in the heck was this one able to become a REGESTERED NURSE when my niece became one it took college.
I am thinking we are being mislead on this area too.
Where is one to be compared with the other? They are BOTH wrong. The only thing similar is that they are both crimes under God and humanity.
I meant that it's funny that this religious group has the same immoral social values as Obama and Hillary.
I didn't mean you or the objections people have as to how the state mishandled things. Sorry for the misunderstanding.
I don’t see any probelem what so ever. If you have your children you get to raise them as you see fit within very wide parameters set by government. If you adopt a child, you are under more rules at least until the adoption becomes final.
Certainly there are some ways that a NAMBLA sect might produce children. Finding cooperating women seems a bit far fetched. Certainly some men and women wed, have children and later decide they are homosexuals. I would guess among the tiny percentage of people who after marriage and having children decide they are homosexual an even tinier percentage decide they want to have sex with their same sex child. So you are worrying about a tiny percentage of a tiny percentage and sorry I am not willing to throw away the US Constitution to try to correct such possible problem.
No, big brother wants to stop this perverted mess.
Don’t worry about posting it. CharlesWayne does not see that certain information should and will not be public because there will come criminal charges. Why give the pedophiles a chance to hide?
Number one, they lied by omission when they were willing accomplices to that hoax phone call that started all of this off.
Number two, there's this:
State Rep. Harvey Hilderbran, R-Kerrville whose district includes Eldorado, speculated that law enforcement and CPS probably had a loose plan in place. Hilderbran remembers talking to CPS officials about the ranch in 2005, when he worked to pass a bill targeted at the sect that raised the legal marriage age with parental consent from 14 to 16. The bill passed.
This was a setup from the get go and the removal of these children and the abrogation of parental rights by the government was planned long before it happened.
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