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.
IN the affidavit which started this, the CPS said that Sarah claimed to have been taken to the local hospital with broken ribs.
And it claims Sarah said that she had plotted an escape by pretending to be sick and running away at the hospital.
So if it were “common knowledge” as you claim that nobody received outside medical help, the CPS should have known the call was a hoax.
But in fact, the Doctor who served the FLDS compound IS known, and he has testified. And he has given interviews were he explained that whenever any child needed xrays or more serious medical attention, he took them to the local hospital, because he just ran a doctor’s office in the compound.
I have seen NO claim that the doctor is “under investigation”.
They compare the DNA of the CHILD to the mother first. Anything left is presumed to have come from the father. In doing so, that is a sure way of seeing who is the dad. In this case, we don’t know who the mothers and fathers are.
Did you forget that Canada wants those results because there is a great possibility that Canadian citizens are among those kids?
We have to find out.
They did provide Birth Certificates, driver’s licenses and such but it was rejected in the initial ruling when they confiscated the children. The CPS has egg all over thier face. Get it yet?
No, I've never said that or anything close to it. Closest I have said is "If they're guilty of child abuse take the kids, but don't take the neighbors kids while you're at it just to be sure."
You STILL haven't pointed out where someone said the approve of the FLDS and their practices. Only thing you've done is pretty much say "if you want due process then you support child molesters."
Since you are all excited about punishing people for this tell me who exactly has been punished for any crimes at the FLDS compound. Right now only the children have been really punished. Only the children have had to face a judge in court, and not even their own hearings at that but instead of group hearing of all of them. That's not how we run trials in the USA.
The women stuck in the miserable excuse for a religion also have the same problem. They've had even newborn babies taken from them. They've been both yanked from the life they know AND can't see their kids. They've been punished for the faults and crimes of their male religious leaders.
The men (the ones that most agree are the bad guys) are all free in their compound. Not one of the men has been arrested INCLUDING the man named in the original warrant who the Texas authorities KNEW wasn't even IN Texas to commit the crimes accused. Every single last one of these critins at the compound still walk free while their "wifes" and kids face judges, lawyers, and over zealous CPS gestapo.
Tell me where the justice is. Tell me where due process is. Tell me where the presumed guilty parties have been arrested and punished.
The ONLY people punished so far are the women and CHILDREN who you and the CPS are all in a bother about protecting. That is not due process, that is not justice. That is a crime against the Constitution of the United States.
It proves paternity and maternity. You are confusing the child support problems associated with fathers being forced to pay for kids that aren’t theirs because the scum wife/girlfriend lied.
There is no justice for those men as common sense won’t prevail.
I know they are not underage because the CPS has testified in COURT that the CPS was WRONG and that the people are in fact ADULTS.
The FLDS has made a lot more claims about things the CPS did wrong. I decided to stick to only the things that CPS admits they screwed up. It’s a long enough list.
OK. SO CPS everywhere is always wrong. Lets ban CPS all together.
You are the same person who decrys CPS when the woman with 5 kids kills them and it shows not only did CPS try to do something but unfortunately it wasn’t enough.
Look at all the intervention that Andrea Yates received. In the interest of not abusing her rights, her family is dead.
That was a very good summary. I just wish there were more like you on these threads.
That case proves their ineptitude again. They botched this thing so bad and stomped on civil rights so bad that it makes it more difficult to actually do something to help children in danger.
So how exactly do you find out if there is abuse? Tell me in plain language how you investigate a cult known for child rape and suppression of information?
You need a wake up call on these FLDS criminals. Read and weep. These are cultists who exploit “religion” for their own damnable ends.
http://www.mazeministry.com/mormonism/polygamy/lostboys.htm
CPS is wrong. From the Austin Statesman
:
The court said the state failed to show that any more than five of the teenage girls were being sexually abused
....
Of the 31 people the state initially said were underage mothers, 15 have been reclassified as adults, and one is 27.
That number of 15 will likely rise, as their are still several cases of females who say they are adults, and supposedly have documentation to prove it, who CPS has said are minors, still in the courts.
Also from the above link:
The youngsters are in foster homes all over the sprawling state, with some brothers or sisters separated by as much as 600 miles.
But it's all for the children... right?
I was met with a hail of accusations of supporting Pedophilia and worse - These coming from the knee-jerk FReeper types of which there are many.
Was almost banned for looking at it from the standpoint of an overreaching government! Typical of the Mob-like mentality this thing brought forth in many.
“Provide a link please. A 14-year old had a baby a month ago. Both are STILL in State custody, together.”
Actually, let me turn that around on you - the first baby born in custody was to an 18-yo, on April 28th.
Provide a link to your non-existant pregnant 14-yo.
In today’s Tom Greene County Court hearings, CPS DID admit the 14-yo was not pregnant, and never had been.
Or do you doubt CPS court filings?
Do you ever stop spewing bile and lies? Did you read any of the posts that indicate that they weren't receiving any State funds? I guess not.
Actually, I’m the person who said you have to break a few eggs for liberty.
In other words, I’m the one who says that in a free society, kids are going to die because government will be prevented from saving them.
And this is preferable to a government who THINKS they can save every child from harm by restricting the liberty of the citizenry.
But I don’t think we should ban CPS. We should however take great care to restrict them and to watch them, because the natural inclination of a CPS is to find MORE and MORE cases of abuse, because that is what gets them funding and gives them jobs.
Plus, the harm to a CPS employee if they let a kid die is a lot more than if they take 10 innocent kids and put them in foster care.
And if the kids are abused in foster care, it’s not the CPS’s fault.
Power corrupts, and absolute power corrupts absolutely.
Police have power, so we have very strict rules about how they can use that power. Some say too many rules, and we debate that when there is a shooting, or a car chase. Or when a court says a guilty person gets to walk because of a bad search warrant.
CPS has in some ways more power than the police, and has to be controlled in the same way. In this case, the CPS and a judge have been found by an appeals court to have overstepped the limits of their power. We’ll see what the higher court rules.
They could have followed the law. Only taken those children, or children from those families, who were shown to be in *imminent* danger of abuse or otherwise in imminent danger. That is the law.
If the danger is not imminent, but still exists, a full "adversarial* court proceeding is required. With all parties, the parents, the children and the state, represented by council.
Provide a link please. A 14-year old had a baby a month ago. Both are STILL in State custody, together.
I’ll ask you the same question
Provide a link please of a 14 year old girl from the FLDS YFZ ranch being in state custody that had a child a month ago.
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