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.
Note that this ruling is not about the CPS initial action, but about the Judge granting custody at the 14-day hearing.
This ruling does not speak to the initial warrant. And I have not seen any legal ruling that suggests the initial warrant was flawed, or that the CPS acted illegally in taking the children from the compound.
You better watch that posting and pinging... you might put somebody’s eye out!
Right you are the mob won’t be pleased. And as one who was attacted for suggesting the CPS was stepping on peoples rights, I was even accused as being pro-child abuse.
I am sad however for the damage done to the children.
Excellent.
My husband’s theory is that someone wants that ranch land pretty bad. The FLDS paid $700,000 for it and now it’s worth millions since they improved it so much. Anyway, that’s my husband’s theory and I don’t doubt it. My main problem is with the stomping on the Constitution.
Great post - what disturbed me most about all this, was the “mass trail” aspect.
What a horror.
If I could prove the conspiracy, I'd file charges against both parties. I think there's enough evidence to charge the caller with filing a false report to the police.
Well, at least one of us dodged the heretic hunters.
I was accused of being a NAMBLA member, after being called a child rape advocate.
But you're right about this thread being very pleasant, compared to earlier ones.
Hell, this one is downright touchy-feely.
Thank you. She and her children have been through years of trouble inflicted on them by the father, but now it looks like things are finally turning around for them.
Sure, I think CPS and the Texas Rangers need to follow the law too. Sometimes, there is a genuine issue of police brutality or abuse of power and I find that unacceptable.
But more often, it seems that there is just some criminal who doesn’t even deny comitting the crime, whining about the way he was treated.
I don’t have a lot of sympathy for that. In my opinion the law had a good reason to go into this compound, it turns out the call for help may have been a fraud, but they had to investigate it. And once the police found evidence that the cult was breaking the law, then I think CPS had a good reason to protect the children. I’m happy with what the police and CPS did here.
If the police went in there for no reason at all, or if they took away children without any evidence of crime and abuse, then I might agree with you, but I don’t see how this is any different than when the police raid a bunch of illegal immigrants and get complained at over it. They DID break the law and they have to take their own responsibility for that. Both the illegals and the polygamists. I’m going to side with the police officers over a bunch of creepy criminals, sorry!
Isn't that painting with a 'broad brush'?
As a former socialist, I bridle at the lovely rhetoric here. An old hard right conservative an' all.
For once out gunned and sort of enjoying the give and take. Grand statement follows.
There are enough good souls to form a posse and free Warren Jeffs. Yeah! Jeffs the martyr, his picture is up at the compound.
It does seem a lot of people who were wary of the CPS action decided to take a rest and hope for some news that would back their side.
Although it was always true that some stories were places for the pro-CPS folks to mass in large numbers and have their way with the opposition, while other threads which were less amiable to them were much more likely to have rational discussions.
Ohh nooo, Saundra & I were assured on another thread that it was most assuredly NOT armored. Thin aluminum skin, couldn't stop a BB gun, they just use it like an ATV to keep rattlesnakes away.
Honest, that's what was said.
I wouldn’t doubt it. The state of Texas has considered trying to bill the FLDS for the privilege of having their children stolen from them.
I remember that. It was in some LDS or FLDS thread I think it was. One of the usual hyenas made the claim then all of them were like sharks in a feeding frenzy. Few of them were even bragging about it later in the thread.
Finally it makes sense. Thanks to your hubby.
Suuuure you didn't, Melpomene. ;-)
Seriously, I'm just kidding with you! :-)
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