Custom Search

Thursday, May 22, 2008

Texas State Appellate Court Rules CPS Improperly Removed FLDS Children

38 mothers appealed to to the Texas State Appellate Court System, which in turned, ruled that temporary custody of over 460 children should not have been granted to the state after they were removed from the Yearning For Zion Ranch in Eldorado Texas.

On April 3, 2008, Child Protective Services (CPS) investigated claims of child abuse at the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS)and after observing what they described as abuse, via pregnant teenagers, they removed all the children from the ranch, pending investigations.

Within two weeks a Texas state Judge, Barbara Walther, had ordered 60 day temporary custody to the state of Texas, until investigations could be completed.

38 mothers appealed that decision with the Texas state appellate court who has just issued a ruling stating, "that the grounds for removing the children were "legally and factually insufficient" under Texas law."

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.

It is believed this ruling technically only affects the 48 children in question, but until further information comes out, that is not clear at this time.

The higher court did not order the return of the children to the YFZ ranch, and the CPS says they will appeal the decision which means they will have to provide the evidence needed to show that the children were in "immediate danger" of abuse.


[Update] Texas CPS has provided the Budgetary Impact of the Eldorado Case (FLDS) to the Senate Finance Committee. (PDF file)

All previous related articles on the FLDS children, from Wake up America, found here.