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.

[El Gato]

I believe that an appellate court ruling is premature given the nature of the investigation and the fact that their are issues concerning children not belonging to the people they are with. The feds should step in and start investigating possible kidnappings. This would be on the allegation that children are moved around different states to use them as leverage. The DNA tests will blow the appellate court ruling out of the water because the ruling should have no effect. Again...I amazed that the court makes a ruling on an incomplete investigation involving child abuse.

How about the State should have waited for the DNA results before dispering the over 2 year old kids to foster and group homes accross the state? And taking the "girls" word for their age until the state could prove that they were lying. (Which as it turns out, most or all were not).

[Gondring]

What many people here on FR fail to understand is that freedom is more important than the trumped up stuff and made up “facts” that are being released by the CPS.

...and may I add that by going for "the ends justify the means," even the children are harmed in the long run. Besides, do the leftie pro-raid FReepers really think that the Democrats won't abuse stronger governmental power? It's important to do things right.

[Paleo Conservative]

I think most would. I would. But it has to be *proved* in a due process hearing or court proceeding where the accused parents have the right and power to defend themselves, before they can be declared unfit and their children taken.

No it's quite the opposite. The CPS is mandated by law to remove the children from the home if they believe they are in danger by remaining there. They only had to have probable cause.

[Paleo Conservative]

I think most would. I would. But it has to be *proved* in a due process hearing or court proceeding where the accused parents have the right and power to defend themselves, before they can be declared unfit and their children taken.

No it's quite the opposite. The CPS is mandated by law to remove the children from the home if they believe they are in danger by remaining there. They only had to have probable cause.

[B4Ranch]

Keep the faith. “Winston Churchill once said, “Americans always do the right thing - after they’ve tried everything else.”

[Oztrich Boy]

You are comparing Duke Lacrosse players (obviously innocent from the beginning)

Obviously Innocent? There was an allegation!

[Gondring]

Now...look up ephebophilia, and you'll realize that the men were not pedophiles--even allegedly. They allegedly went for young, but mature, females.

It might be illegal, if the females were too young, but it's not pedophilia (desire for children--that is, immature). Don't confuse the issue with incorrect terminology.

[CatherinePPP]

Even in the worst cities, there are still plenty of men who go to jail for child molesting. If the police catch a pervert like that they will arrest him and take away his kids. That is all the Texas authorities did to this cult so God bless them. It’s a little disturbing to me so many people are saying Texas shouldn’t have done this. That’s all I mean.

[2nd amendment mama]

You sound like you work for CPS.

I was thinking the same thing.....

[commonguymd]

and.......... a 27 year old should be held captive to produce a state owned child. A 4 year old boy should be removed from parents. A born in captivity child should have a lactating parental figure to produce milk for the government. A 6 year old girl should be introduced to social norms as dictated by CPS. A 14 year old boy should have to worry about his 2 year old sister from 400 miles away. A mother of three should have to visit three different abusive foster homes for access to her three children all within 1800 square miles. A mother should have her rights to free speech removed by removing her phone from her body so she can not communicate. Etc. ok.

?

[commonguymd]

And that got knocked out of the park. Huge mistake, CPS made.

[djf]

“This is huge,” Balovich told the Deseret News as she left the YFZ Ranch.

Yeah, it’s huge all right. It’s freaking kidnapping!!!

[Spunky]

"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."

CPS is way to quick to take children away from their families.

[Gondring]

i heard this in my truck today and i thought man, I bet the long knives are out on FR bigtime

LOL!

It's amazing to be on a FLDS thread without having an ad hominem attack thrown at me, or someone claiming I'm crazy for saying that the courts will find the inappropriate behavior of the authorities unacceptable and will throw out things.

[antceecee]

They better pray that not even ONE of these children has been hurt or abused while in their custody.

[Domandred]

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

Yep same here. I've been called a polygamist, rapist, child molester, child rapist, um lets see and child abuser for daring mention due process and 4th amendment problems with this case.

[Gondring]

[...]if they believe they are in danger by remaining there.

You forgot the same word CPS did...."imminent."

[Eva]

You know I was glad to see that your post was agreeing with me. I’ve actually had occasion to call a hot line, so I know the routine. I also know what it takes to get a conviction. It’s not easy, so you don’t want to over step the legal boundaries and destroy your whole case.

[Gondring]

Are you claiming that the police and CPS don't have to follow proper procedures in the cities to get their convictions? Somehow I doubt that.

The behavior of the authorities in this case puts their case in jeopardy...

...the first part being that the suspect wasn't even in the same state as they claimed. Hard to convict a guy of molestation when he wasn't there to commit the crime.

[Saundra Duffy]

I think Baptists are good people, too, but right about now, I don’t think the FLDS folks think so.