Lots of assumptions have been made on this one. From the article
Among the mothers who was set to be reunited with her children was Lori Jessop, an emergency medical technician whose son turned 1 year old last week.
I thought they were all on welfare and did not have jobs.
The appeals court agreed and noted that, if anything, the evidence may have become weaker since the raid. Some of the supposed child brides identified by the state turned out to be adults. One was 27 years old.
The CPS was trying to pass off a 27 year old woman as 15 - 16?
Returning the boys and girls to the religious sect, Texas argued, "would subject the children to continuing sexual and emotional abuse."
Ah, the mighty "potential sex abuse" magic phrase. The appeals court is not buying the story, nore are they falling to their knees when it is invoked. I bet the CPS folks are bewildered.
According to another article this morning, they cite the "extreme danger" that the children face if returned (while providing only an ancient picture of Warren Jeff's wedding). But they have this HUGE problem.
If I'm not mistaken (and I'm certainly not a blood-sucking lawyer, don't even play one on TV) Texas state law states the the only grounds where children can be taken from their parents is when there is "IMMEDIATE danger" of the child being harmed.
The mere fact that they cited 'extreme' danger instead of "immediate" danger, shows the weakness of their case. This is the reason that the 3rd denied their appeal and I belive that this is the reason that the Supreme's will deny their appeal, if they rule strictly on the merits of the case.
And "immediate danger" isn't, "They might be forced to marry some goober in 10 years. "Immediate danger" means they might not be alive tomorrow or have broken bones tomorrow.
Rotsa ruck CPS.