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Court: Texas had no right to take polygamists' kids 3 minutes ago
AP via Yahoo ^ | 5/22/08

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.


TOPICS: Breaking News; Culture/Society; News/Current Events; US: Texas
KEYWORDS: betterthancrispy; biggovernment; constitution; cpswatch; cultists; donutwatch; duplicate; fascism; feminism; firstamendment; flds; freedomofreligion; governmentnazis; jeffs; kidnapping; longdresses; mobrule; molesters; mormon; patriarchy; polygamy; property; ruling; statistapologists
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To: mnehrling

Which were all based on a (tip) lie from an anonymous caller who has since been arrested.


441 posted on 05/22/2008 2:59:53 PM PDT by 2nd amendment mama ( www.2asisters.org | Self defense is a basic human right!)
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To: mnehrling

OK.

Your first link contains the Affidavit of the Texas Ranger. I read the entire document. There is not a SINGLE statement of the Texas Ranger observing ANY abuse, child or otherwise. Nor did the TR testify to seeing ANY evidence of abuse. The closest thing to evidence that the TR observed was that she found a piece of long hair in a bed in the temple.

So if that is what you are basing your claims on, your claims are false. The TR never said she observed ANY abuse.

The “witness” details are the TR interviewing CPS workers. The TR is only swearing to the fact that the CPS workers said those things. The TR did not verify them or testify to them.

The 2nd document is from the DFPS, and details the information from the phone calls which we now know are almost certainly false, made by someone in another state. It also contains a section where she reports that unnamed investigators determined several general charges, none of which were specific evidences of known abuse.

But in any case, that wasn’t from the “texas ranger” who you claim you believe more than anybody else.


442 posted on 05/22/2008 3:00:07 PM PDT by CharlesWayneCT
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To: GourmetDan

I nearly had a pitch fork mob after me for daring to suggest that evidence is needed before the govt takes parents kids away


443 posted on 05/22/2008 3:00:13 PM PDT by manc (a normal natural marriage is between a man and a woman, MA has a perverted sham marriages)
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To: atruelady
"Most of you on this thread approve what they were doing out there."

Oh BS.

Not a single poster has said they approve of ANY of the practices alleged to have occured.

You are perpetuating the abuse that has been rampant on these threads.

Having respect for the rule of law, which this country was founded upon, should not be deemed to be support for those who run afoul of those rules.

If you wish to expound contrary idealogies, try it at DU, your local church, or your ladies club.

Just don't try to peddle them on a conservative forum.

444 posted on 05/22/2008 3:00:51 PM PDT by diogenes ghost
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To: TBP

You just insulted the entire citizenry of the State of Texas.


445 posted on 05/22/2008 3:01:01 PM PDT by atruelady
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To: Maximilian; diogenes ghost
it has been easier to stay away than to deal with this kind of lynch mob mentality.

Yeah, but by staying out and letting them slice up other freeps, you give them the victory.

They were wrong. They were obviously wrong. They weren't even CLOSE to being right. And I wasn't about to let them get away with it ;) but thats me

446 posted on 05/22/2008 3:01:10 PM PDT by HeartlandOfAmerica (Don't blame me - I voted for Fred and am STILL a FredHead!)
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To: DoughtyOne

I’m surprised the Texas DFS left the FLDS compound standing. You’d think they would hvae learned from Red Reno’s example.


447 posted on 05/22/2008 3:01:19 PM PDT by TBP
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To: GovernmentShrinker

Since it has already been documented, would you mind giving a link to such a document, becuase I’ve asked many times and nobody has provided one yet.

And every time someone DOES give me a link, when I read it it doesn’t say what they claimed.


448 posted on 05/22/2008 3:01:29 PM PDT by CharlesWayneCT
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To: diogenes ghost
But there was a sizable bunch that were extremely rabid in their support of the Gov't actions.

Their vile replies to anyone who questioned ANYTHING CPS did was among the worst displays I've ever seen here.

They are nothing more than Fascists and Marxist's, the whole lot of them.

I'll go further. I'll repeat an assertion I made about a month ago, Secretly, they get a thrill out of the thought that the raping and impregnating of young girls by old men might continue on. I'm sure they are secretly happy with today’s ruling, as this will facilitate the continuance of their dreams.

449 posted on 05/22/2008 3:04:16 PM PDT by Balding_Eagle (OVERPRODUCTION......... one of the top five worries for American farmers.)
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To: atruelady

“Why don’t you talk about the “temple” bed?”

Why don’t you tell us all about the “temple bed?” You do have firsthand knowledge right?


450 posted on 05/22/2008 3:04:19 PM PDT by takenoprisoner (shshshsh, the sheeple are sleeping and do not wish to be disturbed,)
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To: HeartlandOfAmerica

Sorry. If I am being kept prisoner in my house, I damn well want law enforcement to take it seriously. There was and is NOTHING to show that Texas knew the call was a hoax. I have to look into that because from what I understand, there is something also said that the woman calling from Colorado was not connected to this case. I read something....I will look it up and let ya’ll know.


451 posted on 05/22/2008 3:04:56 PM PDT by atruelady
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To: TLI

I got put inthe same boat

I’m also looking too, maybe those who got their pitch forks out should put them away and wait for evidence next time


452 posted on 05/22/2008 3:05:51 PM PDT by manc (a normal natural marriage is between a man and a woman, MA has a perverted sham marriages)
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To: SeeSharp
Um... Where do you think the Texas Supreme Court is located?

It's in Austin, but that's irrelevant. The Texas Supreme Court is elected by all the voters in the state who can overwhelm the idiots voting in Austin. The Third Court of Appeals is elected by only voters living in the Third Court of Appeals district. The only time the insanity of that court can be corrected is when a judge resigns before the end of a term and the Governor gets to make an appointment. Even then the appointee still has to run for reelection when the term expires.

453 posted on 05/22/2008 3:05:57 PM PDT by Paleo Conservative (1984 was supposed to be a warning not an instruction manual!)
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To: HeartlandOfAmerica

Has anyone figured that pehophile groups like this make hardworking, legitimate families suspect for everything under the sun...helping CPS run wild?


454 posted on 05/22/2008 3:06:52 PM PDT by atruelady
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To: Soliton

It would appear I’ve made another mistake and owe you an apology.

I thought you were one of those here that takes every opportunity to attack the whole Catholic Church over the actions of a handful of scum priests. There’s so many it’s hard to keep track of who is who.

I was wrong and I apologize for misunderstanding your intent.


455 posted on 05/22/2008 3:07:01 PM PDT by Dr.Zoidberg ("Shut the hell up, New York Times, you sanctimonious whining jerks!" - Craig Ferguson)
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To: GovernmentShrinker

“Per the article you linked to, the baby was never taken from the mother. When the mother was determined to be an adult, she was told she was free to leave, but could not take the baby with her if she chose to leave. She was also free to stay with the baby, and she did. As I said, no newborn has been taken from its mother.”

So you think this “Sophie’s Choice” option is good — if she wants to visit her two under-5 children in foster care she can’t have her child and it may wind up in foster dare permanently?

What country is this anyway?


456 posted on 05/22/2008 3:07:02 PM PDT by Bushwacker777
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To: Maximilian

The lower court and agencies are still investigating. Why would they blow their case giving an edge to the perps?


457 posted on 05/22/2008 3:07:40 PM PDT by atruelady
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To: atruelady

“Bogus comparison. Why don’t you talk about the “temple” bed?”

Oh yes, please do so! After all, it was shown early on to not in any way be some consumation bed that some people imagined.


458 posted on 05/22/2008 3:08:29 PM PDT by Bushwacker777
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To: GovernmentShrinker

I am nearly certain that most of these kids were put into the care of foster homes. The state PHYSICALLY took custody, not just legally.


459 posted on 05/22/2008 3:08:29 PM PDT by AFPhys ((.Praying for President Bush, our troops, their families, and all my American neighbors..))
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To: Paleo Conservative
Wives and children are stripped from men out of favor with the "prophet" and given to the other men in the cult.

Based on lurid sensational books, NOT on evidence presented in court in Texas.

Children don't know which adults are actually their parents. That isn't child abuse?

No evidence of such a situation has been presented. In the meantime, haven't you heard the joke about "what is the most confusing day in an inner city neighborhood"?

Also, children are transported across international boundaries without their parents or the permission of their parents in violation of Canadian law, and that isn't child abuse?

There is absolutely no evidence that any child taken by the Texas CPS was ever taken illegally across international borders. That was never even one of the baseless allegations.

We don't even have the DNA results back yet to document which children have which parents.

Since when do you need a DNA test to prove you are your child's parent? I have never taken a DNA test. Have you? Thank God the state has never denied that I am my children's father. But why should I have to prove anything?

According to scientific studies, if every parent in the country took a DNA test to prove paternity, there would be a large percentage of men who would be very surprised to learn the truth -- and not just in the communities that are already famous for uniform lack of knowledge of paternity.

I reviewed a case last year in the PA Appellate Court in which a woman had 5 different men take a DNA test, but none of them turned out to be the biological father. Then the court ordered 1 of the men to pay child support anyway.

460 posted on 05/22/2008 3:08:42 PM PDT by Maximilian
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