According to info posted here some weeks back by a local Freeper, the FLDS members refused to voluntarily submit DNA in order to establish who the parents of the children exactly were, in order to remain shielded from rape charges. However, Texas being a state that does not require a birth certificate for home births...the parents cannot then claim they are the parents, unless some kind of proof is offered. If they cannot claim they are the parents, at that point the children would then be wards of the state, as I understood what was posted.
If that’s the case, there’s a lot more going on than meets the eye, it would seem.
It is the action of the CPS in taking the children that has been found to be illegal. The CPS is obligated to put the situation right. This does not entitle them to enforce laws about parentage prior to returning the children. They took the children illegally and they must return them.
Any non-ideality in the process of returning the children is an obstacle that was created by the original taking.
The first thing the CPS should do is bus the children back to the place from which they were taken. Each individual child can be put back into the same ten-foot square area in which the child came into CPS's custody.
Next, the CPS should presume that any birth certificates or state identifications are VALID without probable cause to believe they are fraudulent. Recognizing such identification will no doubt result in the vast majority of the children being returned to the custody of their parents.
We already know of one case of a 27-year-old woman whose identification was not accepted until she had given birth, resulting in the CPS having custody ILLEGALLY of that newborn. There's one case that should have been corrected already. If that infant is still in custody, then as a juror in a damage case, I would bankrupt the state of Texas to the extent that they would have to shut down CPS completely to pay the damages.
If there are children left over with no adult claiming them or the adult lacks any documentation whatever, then, and only then, might the CPS make an honest attempt to return those children to their families through some investigative process, using the vast army of children's lawyers to help them.
The CPS should be at the home BEGGING the pardon of the parents whose rights have been violated and BEGGING them to help them get these children out of state custody. But I don't think that is happening, is it?
This could drop right off the edge of the worldd momentarily.