Court: Texas had no right to take polygamists' kids 3 minutes ago

AP via Yahoo ^ | 5/22/08

[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.

[Saundra Duffy]

“I kind of gave up, tired of being called a rapist.”

Sheeesh. I was called a lot of names, too, but I don’t care anymore. I felt the need to defend the Constitution. I am proud of us. Thank you, FReeper pal.

[colorcountry]

Now you’ve doneit.

[exhaustedmomma]

That the entire "compound"/community should not have been considered a single home/household.

Can't help but wonder... when or why wouldn't an apartment complex, a shelter (like say, Salvation Army)... I dunno, a whole bunch of stuff could be added... where would this precedence begin and end? The "loophole" opened in and of itself is alarming.

[Saundra Duffy]

Thank you for 603!!

Today we learned that the Constitution is not dead after all. Yahoo!

[El Gato]

how about the 18 yr old who delivered after the raid. They kept her baby from her for the first 3 weeks after birth.

Actually I don't believe they did. They took legal custody of the baby, but let the mother stay with him, under their rule that mothers of children under 1 could stay with them in shelters or foster homes. Actually the mothers who they thought were minors, or actually were minors, were allowed to stay with their kids regardless of the age of the kids.

[Gondring]

See Forgotten Children: Crisis in Texas Child Care and this statement...

"I am here today to release disturbing information found during my investigation about the deaths, poisonings, rapes and pregnancies of children in our state's foster care system.

"I found, from information provided by the Texas Department of Family and Protective Services, in Fiscal 2003, 30 foster children died in our state's care; in Fiscal 2004, 38 foster children died; and in Fiscal 2005, 48 foster children died.

"Data shows that while the number of foster children in our state's care increased 24 percent from 26,133 in Fiscal 2003 to 32,474 in Fiscal 2005, the number of deaths increased 60 percent.

"If you compare the number of deaths of children in our state's population to the number of deaths in our state's foster care system, a child is four times more likely to die in our state's foster care system.

Based on Fiscal 2004 data provided by the Health and Human Services Commission, about 100 children received treatment for poisoning from medications; 63 foster children received medical treatment for rape that occurred while in the foster care system; and 142 children gave birth while in the state foster care system.
[...]
"The state is supposed to be protecting our forgotten children, but in all too many cases these children are taken from one abusive situation and placed in another abusive situation. Many children are in more abusive situations now than they were before the state intervened. Children are being neglected and abused and are dying."

--Texas Comptroller Carole Keeton Strayhorn

Doesn't mean there aren't great foster homes, and it doesn't mean that things are better where they are now...but I think the burden of proof is on the authorities.

Besides, something's wrong when you have kids in the system that have been in 40 different temporary "homes."

[JustaDumbBlonde]

Good point ... obviously they make it up!

[El Gato]

It’s the F folks who are for polygamy.

But apparently only a fraction of them practice it. But that didn't matter to the State of course. Group Guilt don't you know.

[southern rock]

Freepers REALLY disappointed me on this one, I gotta tell ya.

I hate to say it, but freepers have been disappointing me for quite a while. Haven't you noticed that when it comes to a story about any sort of confrontation between a private citizen and a public taxsucking bureaucrat, most freepers cant wait to go running to the defense of the bureaucrat? All the while trashing the private citizen or citizens in every way.
The more independent and freedom loving the private citizen, the more alot, (if not most) freepers will defend the person who's paycheck comes with a government seal on it. Oh, and anyone with a badge is always right.

[Gondring]

WFrom the initial warrant, what grabbed you as the compelling reason for the raid?

[Saundra Duffy]

“People have a right to have their brains washed if they want. I just want to keep the state away from children.”

Exactly. I never knew there was a law against being stupid and that stupid people should not be permitted to procreate. This case scared me half to death.

Right from the get-go, I said the Constitution was being trampled.

[diogenes ghost]

"They literally bullied everyone not in agreement with themselves."

Yup...and it's happening again on this thread.

The whole thread has been hijacked by one rabid poster who purports to know every detail about the case (from Texas, don'tcha know), but doesn't even know it's "FLDS" not "FDLS".

[MamaTexan]

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

You go too far.

I've seen you marinade in your own emotionalized juices this entire thread, stating innuendo as fact (even though you were given links to the contrary) as well as presenting emotional rhetoric as some type of argument.

Get this straight-

You do not speak for me NOR the entire citizenry of the State of Texas.

You sound like you work for CPS.

[JLS]

So you think the Texas CPS withheld evidence from the Texas appeals court? That would not be a very good strategy for an agency that must continually go before the courts of the state of Texas.

[El Gato]

Maybe there won’t be enough money left to fund the CPS and it gets closed down.

Nah, they'll take it out of the DPS and/or DOT budget. CPS is, after all, "For the Children".

[Saundra Duffy]

I like your cartoon. Thanks. Have you seen this?

http://www.youtube.com/watch?v=FN_QG1UqHLs

[commonguymd]

Oh I know. I been called a bunch of things. I just don’t love that government religion enough I guess.

[TCats]

LOL - I was one my other computer and had inadvertently automatically logged on with my G-Friends I.D. I did post the article though.

[Saundra Duffy]

http://www.youtube.com/watch?v=FN_QG1UqHLs

[JustaDumbBlonde]

But ... I didn't make up the fact that it was said.

See for yourself: http://www.freerepublic.com/focus/news/2019458/posts?page=88#88